PART 5Mayoral development corporations
Conferral of functions on the Combined Authority13
1
The Combined Authority has in relation to the Area functions corresponding to the following functions contained in the provisions in the 2011 Act, that the Mayor of London has in relation to Greater London—
a
section 197 (designation of Mayoral development areas);
b
section 199 (exclusion of land from Mayoral development areas);
c
section 200 (transfers of property etc to a Mayoral development corporation);
d
section 202 (functions in relation to town and country planning);
e
section 204 (removal or restriction of planning functions);
f
section 214 (powers in relation to discretionary relief from non-domestic rates);
g
section 215 (reviews);
h
section 216 (transfers of property, rights and liabilities);
i
section 217 (dissolution: final steps);
j
section 219 (guidance by the Mayor);
k
section 220 (directions by the Mayor);
l
section 221 (consents);
m
paragraph 1 of Schedule 21 (membership);
n
paragraph 2 of Schedule 21 (terms of appointment of members);
o
paragraph 3 of Schedule 21 (staff);
p
paragraph 4 of Schedule 21 (remuneration etc: members and staff);
q
paragraph 6 of Schedule 21 (committees); and
r
paragraph 8 of Schedule 21 (proceedings and meetings).
2
The exercise by the Combined Authority of the functions corresponding to the functions contained in section 197 (designation of Mayoral development areas) of the 2011 Act requires the consent of all members of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be designated as a Mayoral development area.
3
The exercise by the Combined Authority of the functions corresponding to the functions contained in section 199 (exclusion of land from Mayoral development areas) of the 2011 Act in respect of any Mayoral development area requires the consent of all members of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be excluded from a Mayoral development area, to be provided at a meeting of the Combined Authority.
4
The exercise by the Combined Authority of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of all members of the Combined Authority appointed by a constituent council, or a substitute member acting in place of that member, whose local government area contains the whole or any part of the area in respect of which the Combined Authority proposes to exercise the functions.
5
For the purposes of paragraphs (2), (3) and (4), the consent must be given at a meeting of the Combined Authority.
Application of provisions in the 2011 Act14
1
Chapter 2 of Part 8 (Mayoral development corporations) of the 2011 Act applies to the Combined Authority and a Corporation as it applies in relation to the Mayor of London and a Mayoral development corporation respectively, with the modifications made by Schedule 3.
2
Subject to paragraph (6), in any enactment passed or made on or before the date on which this Part comes into force—
a
any reference to a Mayoral development corporation; or
b
any reference which falls to be read as a reference to a Mayoral development corporation,
is to be treated as including a reference to a Corporation.
3
For the purposes of any transfer scheme under any provisions of the 2011 Act applied with modifications by this Order, paragraph 9 of Schedule 24 to the 2011 Act (transfers under scheme under section 200(1) or (4) or 216(1)) applies in relation to—
a
any property, rights or liabilities transferred to or from a Corporation in accordance with a transfer scheme; or
b
anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a Corporation in accordance with such a transfer scheme,
as it applies in relation to a Mayoral development corporation.
4
For the purposes of establishing a Corporation, giving the Corporation a name, giving effect to any decisions notified to the Secretary of State (under sections 199(4) (exclusion of land from Mayoral development areas), 202(8) (decisions about planning functions), 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 Act) or making provision for varying the way in which a relevant tax has effect from time to time in relation to the transfer of land to or from a Corporation under any provision of the 2011 Act, applied with modifications by this Order, the provisions in section 235 of the 2011 Act (orders and regulations) apply in relation to—
a
the power of a Minister of the Crown to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a Mayoral development corporation) of that Act; and
b
the power of the Treasury to make regulations under paragraph 9(2) of Schedule 24 to that Act,
as they apply in relation to the establishment of a Mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the Secretary of State (under sections 199(4), 202(8) and 214(6) of the 2011 Act) and making provision for varying the way in which a relevant tax has effect from time to time in relation to a transfer of land to or from a Mayoral development corporation.
5
In this article “transfer scheme” means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 Act.
6
Paragraph (2) does not apply to—
a
paragraph 9(8)(a) of Schedule 2 to the Channel Tunnel Rail Link Act 1996 (works: further and supplementary provisions)38;
b
section 31(1A) of the 1999 Act (limits of the general power)39;
c
section 38 of the 1999 Act (delegation)40;
d
section 60A(3) of the 1999 Act (confirmation hearings etc for certain appointments by the Mayor)41;
e
section 68(6) of the 1999 Act (disqualification and political restriction)42;
f
section 73 of the 1999 Act (monitoring officer)43;
g
section 424 of the 1999 Act (interpretation)44;
h
section 24(4) of the 2004 Act (conformity with spatial development strategy)45; and
i
paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (works: further and supplementary provisions)46.
Incidental provisions
15
The following provisions of the 1989 Act apply in relation to a Corporation as if it were a local authority—
a
section 1 (disqualification and political restriction of certain officers and staff)47, and
b
sections 2 and 3A (politically restricted posts and exemptions from restriction)48 so far as they have effect for the purposes of that section.
16
Section 5 of the 1989 Act (designation and reports of monitoring officer)49 applies in relation to the Combined Authority as if a Corporation were a committee of the Authority.
17
Section 32 of the 2003 Act applies in relation to expenditure of a Corporation but as if—
a
each reference to a functional body were a reference to a Corporation;
b
each reference to the Greater London Authority were a reference to the Combined Authority;
c
each reference to the Mayor of London were a reference to the Mayor;
d
subsection (7) were omitted.