Greater London Authority Act 1999

Part XI Miscellaneous and General Provisions

Application of enactments

387 The Trustee Investments Act 1961

(1) The [1961 c. 62.] Trustee Investments Act 1961 shall be amended as follows.

(2) In section 11 (local authority investment schemes) in subsection (4) (the authorities to which the section applies) in paragraph (a)—

(a) after “England and Wales” there shall be inserted “, the Greater London Authority,”; and

(b) after “Common Council of the City of London” there shall be inserted “, a functional body (within the meaning of the Greater London Authority Act 1999),”.

(3) In Schedule 1, in Part II (narrower-range investments requiring advice), in paragraph 9—

(a) after paragraph (a) there shall be inserted—

“(aa) the Greater London Authority;

(ab) any functional body, within the meaning of the Greater London Authority Act 1999;”; and

(b) in paragraph (d), the words “the Receiver for the Metropolitan Police District or” shall cease to have effect.

388 The Local Authorities (Goods and Services) Act 1970

In section 1(4) of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970, in the definition of “local authority”—

(a) after “London borough,” there shall be inserted “the Greater London Authority,”; and

(b) after “any joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985” there shall be inserted “and the London Fire and Emergency Planning Authority, Transport for London and the London Development Agency”.

389 The Superannuation Act 1972

(1) Employment with—

(a) the Authority,

(b) Transport for London,

(c) the London Development Agency,

(d) the Metropolitan Police Authority, or

(e) the London Transport Users' Committee,

shall be included among the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply.

(2) Accordingly, in Schedule 1 to that Act (in which those kinds of employment are listed) the following entries shall be inserted in the list of “Other bodies” at the appropriate places—

“The Greater London Authority.”

“The London Development Agency.”

“The London Transport Users' Committee.”

“The Metropolitan Police Authority.”

“Transport for London.”

(3) Each of the bodies specified in subsection (1) above shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to this section (so far as referable to that body) in the sums payable under the [1972 c. 11.] Superannuation Act 1972 out of money provided by Parliament.

(4) Where an employee of any of the bodies specified in subsection (1) above—

(a) is, by reference to that employment, a participant in a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972, and

(b) is also a member of that body,

the Minister for the Civil Service may determine that his service as such a member shall be treated for the purpose of the scheme as service as an employee of that body.

(5) A determination under subsection (4) above shall be without prejudice to—

(a) paragraph 2(6) of Schedule 10 to this Act, in the case of Transport for London;

(b) paragraph 2 of Schedule 18 to this Act, in the case of the London Transport Users' Committee; or

(c) paragraph 3 of Schedule 2 to the [1998 c. 45.] Regional Development Agencies Act 1998, in the case of the London Development Agency.

(6) In consequence of the inclusion, by virtue of subsection (2) above, of an entry relating to the London Development Agency in Schedule 1 to the [1972 c. 11.] Superannuation Act 1972, in the entry in that Schedule relating to a development agency established under section 1 of the [1998 c. 45.] Regional Development Agencies Act 1998, there shall be added at the end “(other than the London Development Agency (for which there is a separate entry))”.

390 The Superannuation Act 1972: delegation of functions

(1) The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to any person the function of administering a scheme made under section 1 of the [1972 c. 11.] Superannuation Act 1972, so far as relating to employees of any of the bodies specified in section 389(1) above.

(2) A person to whom the function of administering a scheme made under section 1 of the [1972 c. 11.] Superannuation Act 1972 is delegated under subsection (1) above may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person.

(3) Where a person is authorised under subsection (2) above to exercise the function of administering a scheme made under section 1 of the [1972 c. 11.] Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

(4) Subsection (3) above does not apply for the purposes of—

(a) any criminal proceedings against the authorised person (or any employee of his); or

(b) any contract between him and the person who authorised him, so far as relating to the function.

391 The Race Relations Act 1976

The following bodies, namely—

(a) the Authority,

(b) the Metropolitan Police Authority, and

(c) the London Fire and Emergency Planning Authority,

shall each be treated as a local authority for the purposes of section 71 of the [1976 c. 74.] Race Relations Act 1976 (general statutory duty of local authorities).

392 The Stock Transfer Act 1982

(1) In Schedule 1 to the [1982 c. 41.] Stock Transfer Act 1982 (specified securities) paragraph 7 (securities issued by local authorities etc) shall be amended as follows.

(2) In sub-paragraph (1), at the end of paragraph (ba) there shall be inserted “or” and paragraph (c) (which relates to the Receiver for the Metropolitan Police District) and the word “or” immediately preceding it shall cease to have effect.

(3) In sub-paragraph (2) (which defines “local authority”) in paragraph (a)—

(a) after “namely,” there shall be inserted “the Greater London Authority,”; and

(b) after “Common Council of the City of London” there shall be inserted “, a functional body (within the meaning of the Greater London Authority Act 1999),”.

Companies

393 Companies in which local authorities have interests

(1) In Part V of the [1989 c. 42.] Local Government and Housing Act 1989 (companies in which local authorities have interests) section 67 (application of, and orders under, the Part) shall be amended as follows.

(2) In subsection (3) (which specifies the bodies which are local authorities for the purposes of the Part) after paragraph (b) there shall be inserted—

“(bb) the Greater London Authority;

(bc) a functional body, within the meaning of the Greater London Authority Act 1999;”.

Investigation of functional bodies

394 Investigation by the Commission for Local Administration

(1) Section 25(1) of the [1974 c. 7.] Local Government Act 1974 (which specifies the bodies which are subject to investigation under Part III of that Act) shall be amended as follows.

(2) After paragraph (bb) there shall be inserted—

“(bbb) the London Development Agency;”.

(3) After paragraph (c) there shall be inserted—

“(cza) the London Fire and Emergency Planning Authority;”.

(4) After paragraph (ca) (police authority established under section 3 of the Police Act 1996) there shall be inserted—

“(caa) the Metropolitan Police Authority;”

(5) After paragraph (cb) there shall be inserted—

“(cc) Transport for London; and”.

(6) In consequence of subsection (2) above, in Schedule 2 to the [1967 c. 13.] Parliamentary Commissioner Act 1967, at the end of the entry relating to regional development agencies (which is inserted by paragraph 2 of Schedule 7 to the [1998 c. 45.] Regional Development Agencies Act 1998) there shall be added “(other than the London Development Agency)”.

Information etc.

395 Provision of information, advice and assistance by functional bodies

(1) Subject to the following provisions of this section, the functional bodies shall provide the Mayor with such information, advice and assistance as he may by notice request.

(2) The information, advice or assistance that may be requested under subsection (1) above is such information, advice or assistance as the Mayor may reasonably require for the purpose of discharging functions of the Authority which are exercisable by him.

(3) The Secretary of State may by order—

(a) prescribe categories of information which a functional body may refuse to provide to the Mayor under subsection (1) above, or

(b) impose further limitations on the exercise of the powers conferred on the Mayor by subsection (1) above.

396 Research and collection of information: London Research Centre etc

(1) The Authority—

(a) may carry out, or assist in carrying out, investigations into, or the collection of information relating to, any matters concerning Greater London or any part of it; and

(b) may make, or assist in making, arrangements whereby any such information is, or the results of any such investigation are, made available to any government department, any local authority in Greater London, any other body or person, or the public.

(2) The Secretary of State may make regulations requiring the Authority to carry out, or assist in carrying out, under subsection (1)(a) above investigations into, or the collection of information relating to, such matters as may be specified in the regulations or matters of such a description as may be so specified.

(3) Regulations under subsection (2) above may make provision requiring the Authority to make, or assist in making, arrangements whereby any such information is, or the results of any such investigation are, made available to—

(a) government departments;

(b) bodies or persons specified, or of a description specified, in the regulations; or

(c) the public.

(4) The Secretary of State may make regulations requiring the Authority to make, or assist in making, arrangements whereby information falling within subsection (5) below which is in the possession of the Authority is made available to any of the bodies and persons mentioned in subsection (3)(a) to (c) above.

(5) The information which falls within this subsection is—

(a) information collected, or the result of any investigation carried out, by the Authority under subsection (1)(a) above, and

(b) information collected, or the result of any investigation carried out, other than by the Authority which has been transferred to the Authority by virtue of an order under section 408 below or a scheme under section 409 below.

(6) Any functions conferred or imposed on the Authority by or under this section shall be exercisable by the Mayor acting on behalf of the Authority.

(7) Subsection (6) above does not apply in relation to any function expressly conferred or imposed on the Assembly by regulations under subsection (2) above.

(8) The Mayor shall from time to time, and at least once in every year, consult each London borough council and the Common council about the exercise of the Authority’s functions under subsection (1) above.

(9) Before making any regulations under subsection (2) above, the Secretary of State shall consult the Mayor, the Assembly, every London borough council and the Common Council.

(10) Any scheme made for Greater London under subsection (1) of section 88 of the [1985 c. 51.] Local Government Act 1985 (research and collection of information) is revoked by this subsection.

(11) In that section—

(a) in subsection (1), the words “Greater London or”, and

(b) subsection (12)(a),

shall cease to have effect.

(12) After subsection (13) of that section (power of London borough councils etc to exercise functions described in subsection (1)(a) and (b) of that section) there shall be inserted—

“(13A) In the application of subsection (13) above in relation to a London borough council or the Common Council, paragraphs (a) and (b) of subsection (1) above shall have effect with the substitution of “Greater London” for “that area”.”

397 Information schemes

(1) The Mayor may make schemes for the collection of information relating to any matters concerning Greater London or any part of it.

(2) The schemes that may be made under this section include schemes under which each London local authority must provide to the Mayor, in accordance with the scheme, information—

(a) required by the Mayor to be provided; and

(b) falling within such description of information as is specified in the scheme.

(3) A scheme under this section may be made only after consultation with each London local authority.

(4) A scheme under this section shall have effect so as to be binding on all the London local authorities only if at least two-thirds of those authorities give their agreement to the scheme.

(5) A scheme under this section shall state whether or not it is to remain in effect indefinitely and, if it is not to remain in effect indefinitely, shall state the period for which it is to remain in effect.

(6) A scheme under this section may include provision relating to—

(a) the method by which information to be collected or provided under the scheme is to be analysed;

(b) the form in which such information is to be collected or provided;

(c) the ownership of information collected or provided under the scheme;

(d) the method by which information is to be transferred or stored under the scheme;

(e) the persons to whom information collected or provided under the scheme may, or must not, be disclosed;

(f) bearing the costs of the scheme.

(7) The provision which may be made by virtue of subsection (6)(f) above includes in particular provision—

(a) for the costs of collecting or providing information of a description specified in the scheme to be borne by the Mayor or a London local authority or by both the Mayor and a London local authority in such proportions as may be specified by or under the scheme;

(b) for the recovery of costs related to the scheme by the Mayor from a London local authority, by a London local authority from the Mayor or by a London local authority from another such authority.

(8) A scheme under this section may contain such supplementary provision as the Mayor considers necessary or expedient.

(9) The powers of the Mayor under this section are without prejudice to any other power of the Mayor under or by virtue of this Act to require any London local authority to provide information.

(10) For the purposes of this section “London local authority” means a London borough council or the Common Council.

398 Schemes for the provision of information by London councils: supplementary

(1) Where—

(a) a scheme is made by virtue of subsection (2) of section 397 above, but

(b) the agreement of at least two-thirds of the London local authorities is not given to the scheme as mentioned in subsection (4) of that section,

the Mayor may apply to the Secretary of State for a direction that the scheme is to have effect so as to be binding on all those authorities.

(2) A direction by the Secretary of State under subsection (1) above shall specify the date from which the scheme is to have effect by virtue of the direction.

(3) Before giving a direction under subsection (1) above the Secretary of State shall consult each London local authority and may give such a direction only if he considers—

(a) that the provision of information of the description which may be required by the Mayor to be provided under the scheme is necessary for the exercise of functions of the Authority; and

(b) that the provisions of the scheme will not impose an unreasonable financial burden on the London local authorities.

(4) For the purposes of any scheme made by virtue of subsection (2) of section 397 above each London local authority shall have power to collect any information which is required to be provided by that authority to the Mayor under the scheme.

(5) For the purposes of this section a London local authority means a London borough council or the Common Council.

399 Revocation or variation of information schemes

(1) A scheme under section 397 above may at any time—

(a) be revoked by the Mayor; or

(b) be varied by the Mayor in accordance with the terms of the scheme or by agreement between the Mayor and at least two-thirds of the London local authorities.

(2) Before deciding whether to revoke or vary a scheme by virtue of subsection (1) above the Mayor shall consult each London local authority.

(3) Where the Mayor revokes or varies a scheme by virtue of subsection (1) above he shall notify each London local authority of the revocation or variation.

(4) For the purposes of this section “London local authority” means a London borough council or the Common Council.

Overseas assistance

400 Overseas assistance

(1) Section 1 of the [1993 c. 25.] Local Government (Overseas Assistance) Act 1993 (power of local authorities to provide advice and assistance overseas) shall be amended as follows.

(2) After subsection (6) there shall be inserted—

“(6A) For the purposes of subsection (1) above the Greater London Authority shall be treated as having skill and experience as respects a particular matter if—

(a) the Authority does not have skill and experience as respects that matter,

(b) the London Development Agency does have such skill and experience, and

(c) the Agency provides advice and assistance as respects that matter to the Authority.”

(3) In subsection (9)(a) (authorities given power to provide assistance) after “Wales,” there shall be inserted “the Greater London Authority,”.

Accommodation

401 Accommodation for Authority and functional bodies

(1) The Secretary of State shall be under a duty to provide accommodation for—

(a) the Authority, and

(b) each of the functional bodies,

during the period of five years beginning with the day on which this Act is passed.

(2) If the Secretary of State is satisfied that appropriate accommodation is available or has been provided for a body falling within paragraph (a) or (b) of subsection (1) above, he may by order make provision substituting for the period for the time being specified in that subsection as it has effect in relation to that body such shorter period as he may determine.

(3) Where the Secretary of State—

(a) has made an order under subsection (2) above in the case of any body, but

(b) subsequently considers that it is necessary, expedient or desirable to extend the period for the time being specified in subsection (1) above as it has effect in relation to that body,

he may by order make provision substituting for that period (whether or not it has expired) such longer period as he may determine, ending not later than the period of five years beginning with the day on which this Act is passed.

(4) The Secretary of State need not provide accommodation for a body under subsection (1) above during any period as respects which that body has notified him that it does not require him to provide accommodation for it.

(5) The provision of accommodation under subsection (1) above shall be on such financial and other terms as the Secretary of State may determine.

The London Pensions Fund Authority

402 Finance

(1) For each financial year the London Pensions Fund Authority (“the LPFA”) shall prepare—

(a) a statement containing a draft budget for the LPFA for that financial year and specifying the amount of any levy which the LPFA proposes to make on any class of authority in respect of that year by virtue of any levying bodies regulations; and

(b) a statement of the LPFA’s strategic plans and objectives for that financial year and the two following financial years;

and shall submit those statements to the Mayor on or before 31st December in the preceding financial year.

(2) If—

(a) the Mayor gives the LPFA any comments on a statement submitted in accordance with subsection (1)(a) above, and

(b) those comments are given on or before 31st January immediately following the submission of the statement,

the LPFA shall have regard to the comments in setting its budget for the financial year to which the statement relates.

(3) In this section—

• “levying bodies regulations” means regulations (at the passing of this Act, the [S.I. 1992/2903.] Levying Bodies (General) Regulations 1992)—

  (a)

  made under section 74(2) of the [1988 c. 41.] Local Government Finance Act 1988; and

  (b)

  having effect in relation to the LPFA by reason of a levying power which the LPFA would have, apart from section 117 of that Act;

• “levying power” means a power to make a levy conferred by or under any Act other than the [1988 c. 41.] Local Government Finance Act 1988 (at the passing of this Act, the power conferred by article 4 of the [S.I. 1989/1815.] London Government Reorganisation (Pensions etc.) Order 1989);

• “net expenditure”, in relation to the LPFA, means all expenditure and costs incurred by the LPFA less receipts (if any), but excluding—

  (a)

  any expenditure or costs payable out of, or

  (b)

  any receipts which fall to be credited to,

  the superannuation fund maintained by the LPFA under regulations under section 7 of the [1972 c. 11.] Superannuation Act 1972.

(4) This section has effect in relation to financial years beginning on or after 1st April 2001.

403 Membership, reports and information

(1) The functions conferred or imposed on the Secretary of State under or by virtue of the provisions of Schedule 1 to the [S.I. 1989/1815.] London Government Reorganisation (Pensions etc.) Order 1989 (“the 1989 Order”) specified in subsection (2) below are transferred to the Mayor by this subsection.

(2) Those provisions are—

(a) paragraph 1 (appointment of members etc);

(b) paragraph 2(b) (which makes provision about tenure of office by applying paragraph 2 of Schedule 13 to the [1985 c. 51.] Local Government Act 1985);

(c) paragraph 2(c) (which makes provision about determinations relating to remuneration etc by applying paragraph 3 of that Schedule);

(d) paragraph 2(f) (which makes provision about reports and information by applying paragraph 10 of that Schedule).

(3) In the application of paragraph 3 of Schedule 13 to the [1985 c. 51.] Local Government Act 1985 (determinations relating to remuneration etc) by virtue of subsections (1) and (2)(c) above, sub-paragraph (5) (which requires the consent of the Treasury to any determination) shall be omitted.

(4) In the application of paragraph 10 of that Schedule (reports and information) by virtue of subsections (1) and (2)(d) above, in sub-paragraph (2) (which requires the authority to send a copy of its annual report to the Secretary of State, and the Secretary of State to lay copies of it before Parliament) the words from “and the Secretary of State” to the end of the sub-paragraph shall be omitted.

(5) Any appointment—

(a) made by the Secretary of State under sub-paragraph (1) or (2) of paragraph 1 of Schedule 1 to the 1989 Order, and

(b) in force immediately before the coming into force of subsection (1) above, so far as relating to subsection (2)(a) above,

shall have effect as from the coming into force of subsection (1) above, so far as so relating, as an appointment made by the Mayor under and in accordance with that sub-paragraph (and subject accordingly to the provisions of paragraphs 2 and 3 of Schedule 13 to the [1985 c. 51.] Local Government Act 1985 as they have effect by virtue of subsections (1) and (2)(b) or (c) above).

Discrimination

404 Discrimination

(1) In exercising their functions, it shall be the duty of—

(a) the Greater London Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly jointly),

(b) the Metropolitan Police Authority, and

(c) the London Fire and Emergency Planning Authority,

to comply with the requirement in subsection (2) below.

(2) The requirement is to have regard to the need—

(a) to promote equality of opportunity for all persons irrespective of their race, sex, disability, age, sexual orientation or religion;

(b) to eliminate unlawful discrimination; and

(c) to promote good relations between persons of different racial groups, religious beliefs and sexual orientation.

(3) This section is without prejudice to section 33 above and is subject to any provision made by or under any other enactment.