Greater London Authority Act 1999

Part I E+W+S The Greater London Authority

The Authority E+W+S

1 The Authority. E+W+S

(1) There shall be an authority for Greater London, to be known as the Greater London Authority.

(2) The Authority shall be a body corporate.

(3) The Authority shall have the functions which are transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act.

Membership E+W+S

2 Membership of the Authority and the Assembly. E+W+S

(1) The Authority shall consist of—

(a) the Mayor of London; and

(b) an Assembly for London, to be known as the London Assembly.

(2) The Assembly shall consist of twenty five members, of whom—

(a) fourteen shall be members for Assembly constituencies (constituency members); and

(b) eleven shall be members for the whole of Greater London (London members).

(3) There shall be one constituency member for each Assembly constituency.

(4) The Assembly constituencies shall be the areas, and shall be known by the names, specified in an order made by [F1 statutory instrument by the Electoral Commission].

(5) Schedule 1 to this Act (which makes further provision about Assembly constituencies and orders under subsection (4) above) shall have effect.

(6) The Mayor and the Assembly members shall be returned in accordance with the provision made in or by virtue of this Act for—

(a) the holding of ordinary elections of the Mayor, the constituency members and the London members; and

(b) the filling of vacancies in the office of Mayor or among the constituency members or the London members.

(7) An ordinary election involves the holding of—

(a) an election for the return of the Mayor;

(b) an election for the return of the London members; and

(c) elections for the return of the constituency members.

(8) The term of office of the Mayor and Assembly members returned at an ordinary election shall—

(a) begin on the second day after the day on which the last of the successful candidates at the ordinary election is declared to be returned; and

(b) end on the second day after the day on which the last of the successful candidates at the next ordinary election is declared to be returned;

but this subsection is subject to the other provisions of this Act and, in particular, to any provision made by order by virtue of subsection (4) of section 3 below.

(9) If at any ordinary election the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the day on which the last of the successful candidates at the ordinary election is declared to be returned shall be determined for the purposes of subsection (8) above without regard to the return of the Assembly member for that Assembly constituency.

(10) The validity of proceedings of the Assembly is not affected by any vacancy in its membership.

(11) The validity of anything done by the Authority is not affected by any vacancy in the office of Mayor or any vacancy in the membership of the Assembly.

Textual Amendments

F1 Words in s. 2(4) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 13

Modifications etc. (not altering text)

C1 S. 2(4): power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwise 30.10.2001) by 2000 c. 41, s. 18(3)(c), 163(3) (with s. 156(6)); S.I. 2001/3526, art. 2(c)

S. 2(4): functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(2)(c)

Commencement Information

I1 S. 2 wholly in force at 14.12.1999: by virtue of s. 425(2) this Act is in force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 2 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Ordinary elections E+W+S

3 Time of ordinary elections. E+W+S

(1) The poll at the first ordinary election shall be held on 4th May 2000 or such later date as the Secretary of State may by order provide.

(2) The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.

(3) Subsection (2) above is subject to any order made by virtue of section 37(2) of the Representation of the M1 People Act 1983 (power by order to fix a day other than the first Thursday in May).

(4) As respects the first ordinary election, the Secretary of State may by order make provision—

(a) modifying section 2(8) above in relation to the Mayor and Assembly members returned at that election;

(b) for the returning officer at the election of the Mayor and the election of the London members to be a person, or a person of a description, designated in the order (instead of the person specified in section 35(2C) of the Representation of the M2 People Act 1983);

(c) for and in connection with modifying the entitlement to vote or the registration of electors, or with respect to the registers (or parts of registers) of electors to be used;

(d) for or in connection with enabling electors to vote in the poll at such polling stations or other places as may be prescribed, at such times as may be prescribed, on such one or more days preceding the date specified in or provided under subsection (1) above for the poll as may be specified in the order.

(5) The provision that may be made by an order under paragraph (d) of subsection (4) above includes provision for such enactments or statutory instruments as may be specified in the order to have effect with such modifications as may be so specified.

(6) In this section prescribed means specified in, or determined in accordance with, an order under this section.

Commencement Information

I2 S. 3 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act is in force at Royal Assent in regard to the powers of a Minister of the Crown to make regulations or an order; s. 3 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Marginal Citations

M1 1983 c. 2.

M2 1983 c. 2.

4 Voting at ordinary elections. E+W+S

(1) Each person entitled to vote as an elector at an ordinary election shall have the following votes—

(a) one vote (referred to in this Part as a mayoral vote) which may be given for a candidate to be the Mayor;

(b) one vote (referred to in this Part as a constituency vote) which may be given for a candidate to be the Assembly member for the Assembly constituency; and

(c) one vote (referred to in this Part as a London vote) which may be given in accordance with subsection (5) below.

(2) The Mayor shall be returned under the simple majority system, unless there are three or more candidates.

(3) If there are three or more candidates to be the Mayor—

(a) the Mayor shall be returned under the supplementary vote system in accordance with Part I of Schedule 2 to this Act; and

(b) a voter’s mayoral vote shall accordingly be a supplementary vote, that is to say, a vote capable of being given to indicate the voter’s first and second preferences from among the candidates.

(4) The Assembly member for an Assembly constituency shall be returned under the simple majority system.

(5) A London vote may be given for—

(a) a registered political party which has submitted a list of candidates to be London members; or

(b) an individual who is a candidate to be a London member.

(6) The London members shall be returned in accordance with Part II of Schedule 2 to this Act.

(7) The persons who are to be returned as—

(a) the Mayor, and

(b) the constituency members,

must be determined before it is determined who are to be returned as the London members.

(8) But if the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the persons who are to be returned as the London members shall be determined without regard to the determination of the Assembly member for that Assembly constituency.

(9) At an ordinary election, a person may not be a candidate to be the Assembly member for more than one Assembly constituency.

(10) If the person who is returned as the Mayor is also returned as an Assembly member for an Assembly constituency, a vacancy shall arise in the Assembly constituency.

(11) In this Part registered political party means [F2 a party registered under Part II of the Political Parties, Elections and Referendums Act 2000].

Textual Amendments

F2 Words in s. 4(11) substituted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 15 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Modifications etc. (not altering text)

C2 S. 4(5)(a) applied (14.12.1999) by 1983 c. 2, s. 203(1B) (as inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 paras. 1, 39(5) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2)

Vacancies in the Assembly E+W+S

5 Resignation. E+W+S

(1) An Assembly member may at any time resign his membership of the Assembly by giving notice to the proper officer of the Authority.

(2) Any such resignation shall take effect on the officer’s receipt of the notice.

6 Failure to attend meetings. E+W+S

(1) If an Assembly member fails, throughout a period of six consecutive months from his last attendance, to attend any meeting of the Assembly, he shall cease to be a member of the Assembly.

(2) A person shall not cease to be a member by virtue of subsection (1) above if the failure to attend is due to some reason approved by the Assembly before the expiry of that period.

(3) For the purposes of this section, an Assembly member shall be deemed to have attended a meeting of the Assembly on any occasion on which he attended—

(a) as a member at a meeting of any committee or sub-committee of the Assembly; or

(b) as a representative of the Assembly or the Authority at a meeting of any body of persons.

(4) A person shall not cease to be a member of the Assembly by reason only of a failure to attend meetings of the Assembly if—

(a) he is a member of any branch of Her Majesty’s naval, military or air forces and is at the time employed during war or any emergency on any naval, military or air force service, or

(b) he is a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence,

and the failure to attend is due to that employment.

[F3 (5) Any period during which an Assembly member is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1).]

Textual Amendments

F3 S. 6(5) inserted (E.W.) (19.12.2000 for E. and 19.12.2000 for W.(in relation to police authorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 31; S.I. 2000/3335, art. 2

7 Declaration of vacancy in certain cases. E+W+S

Where an Assembly member—

(a) ceases to be qualified to be a member of the Assembly, or

(b) becomes disqualified from being a member otherwise than—

(i) under the M3 Audit Commission Act 1998,

(ii) by virtue of a conviction, or

(iii) by virtue of a breach of any provision of Part II of the Representation of the M4 People Act 1983, or

(c) ceases to be a member of the Assembly by reason of failure to attend meetings of the Assembly,

the proper officer of the Authority shall forthwith declare the member’s office to be vacant, unless it has been declared vacant by the High Court.

Marginal Citations

M3 1998 c. 18.

M4 1983 c. 2.

8 Election of member as Mayor. E+W+S

If the person who is returned at an election under section 16 below to fill a vacancy in the office of Mayor is an Assembly member, a vacancy shall arise—

(a) if he is a member for an Assembly constituency, in that Assembly constituency; or

(b) if he is a London member, in his office as a London member.

9 Date of casual vacancies. E+W+S

(1) For the purpose of filling a casual vacancy in the membership of the Assembly, the date on which a vacancy is to be regarded as occurring shall be—

(a) in the case of any person being returned—

(i) at an ordinary election, as the Mayor and also as the Assembly member for an Assembly constituency, or

(ii) at an election under section 16 below to fill a vacancy in the office of Mayor when he is an Assembly member,

on the date on which he is returned as the Mayor or, as the case may be, to fill the vacancy in that office;

(b) in the case of any person being returned as mentioned in section 16(10) below, on the date on which he is returned to fill the vacancy in the Assembly constituency;

(c) in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

(d) in the case of resignation, upon the receipt of the notice of resignation by the proper officer of the Authority;

(e) in the case of death, on the date of death;

(f) in the case of disqualification under the M5 Audit Commission Act 1998 or by virtue of a conviction—

(i) on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant order or decision under that Act or (as the case may be) that conviction, or

(ii) if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution;

(g) in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

(h) in the case of a person—

(i) ceasing to be qualified to be an Assembly member, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (g) above, or

(ii) ceasing to be an Assembly member by reason of failure to attend meetings,

on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority as the case may be.

(2) The proper officer of the Authority shall—

(a) give written notice of any casual vacancy among the London members to the Greater London returning officer; and

(b) give public notice of any casual vacancy among the constituency members.

(3) Any public notice under subsection (2)(b) above shall be given—

(a) by posting the notice in some conspicuous place or places in the Assembly constituency concerned; and

(b) in such other manner, if any, as the officer considers desirable for giving publicity to the notice.

(4) Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded under subsection (1) above as occurring.

Marginal Citations

M5 1998 c. 18.

10 Filling a vacancy in an Assembly constituency. E+W+S

(1) This section applies where the office of an Assembly member returned for an Assembly constituency is vacant.

(2) Subject to subsection (8) below, an election shall be held in the Assembly constituency to fill the vacancy.

(3) At the election to fill the vacancy—

(a) each person entitled to vote at the election shall have a constituency vote; and

(b) the Assembly member for the Assembly constituency shall be returned under the simple majority system.

(4) The date of the poll at the election shall be fixed by the constituency returning officer in accordance with subsection (5) below.

(5) The date fixed shall be no later than 35 days after the date of the relevant event.

(6) In subsection (5) above, the relevant event means—

(a) in a case where the High Court or the proper officer of the Authority has declared the office to be vacant, the making of that declaration; or

(b) in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for the Assembly constituency concerned.

(7) Section 243(4) of the M6 Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (5) above as it applies for the purposes of section 89(1) of that Act.

(8) If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election unless subsection (9) below applies.

(9) This subsection applies if, on the occurrence of the vacancy (or, in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the Assembly exceeds one-third of the whole number of Assembly members.

(10) A person may not be a candidate at an election to fill a vacancy if he is—

(a) the Mayor;

(b) an Assembly member; or

(c) a candidate in another such election.

(11) The term of office of the person returned at the election—

(a) shall begin immediately upon his being declared to be returned as the constituency member; and

(b) shall end at the time when it would have ended had he been returned as the constituency member at the previous ordinary election.

Marginal Citations

M6 1972 c. 70.

11 Filling a vacancy among the London members. E+W+S

(1) This section applies where the office of a London member is vacant.

(2) If the London member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the vacancy shall remain unfilled until the next ordinary election.

(3) If the London member was returned (under Part II of Schedule 2 to this Act or this section) from a registered political party’s list, the Greater London returning officer shall notify the Chair of the Assembly of the name of the person who is to fill the vacancy.

(4) The person who is to fill the vacancy must be one who—

(a) is included in that list;

(b) is willing to serve as a London member; and

(c) is not a person to whom subsection (5) below applies.

(5) This subsection applies to a person if—

(a) he is not a member of the party; and

(b) the party gives notice to the Greater London returning officer that his name is not to be notified under subsection (3) above as the name of the person who is to fill the vacancy.

(6) Where more than one person satisfies the conditions in subsection (4) above, the Greater London returning officer shall notify the name of whichever of them is higher, or highest, in the list.

(7) Where a person’s name has been notified under subsection (3) above, his term of office as a London member—

(a) shall begin on the day on which the notification is received under that subsection, and

(b) shall end at the time when it would have ended had he been returned as a London member at the previous ordinary election,

and this Act shall apply as if the person had been declared to be returned as a London member on the day on which the notification under subsection (3) above is so received.

Vacancy in the office of Mayor E+W+S

12 Resignation. E+W+S

(1) The Mayor may at any time resign his office by giving notice to the proper officer of the Authority.

(2) Any such resignation shall take effect on the officer’s receipt of the notice.

13.— Failure to attend meetings. E+W+S

[F4 (1)] If the Mayor fails on six consecutive occasions to attend meetings of the Assembly held pursuant to section 52(3) below, he shall cease to be the Mayor.

[F5 (2) Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purposes of subsection (1) above.]

Textual Amendments

F4 S. 13 renumbered as s. 13(1) (19.12.2000 for E. 19.12.2000 for W.(in relation to police anthorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 32; S.I. 2000/3335, art. 2

F5 S. 13(2) inserted (E.W.) (19.12.2000 for E. and 19.12.2000 for W.(in relation to police authorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 32; S.I. 2000/3335, art. 2

14 Declaration of vacancy in certain cases. E+W+S

Where the Mayor—

(a) ceases to be qualified to be the Mayor,

(b) becomes disqualified from being the Mayor otherwise than—

(i) under the M7 Audit Commission Act 1998,

(ii) by virtue of a conviction, or

(iii) by virtue of a breach of any provision of Part II of the Representation of the M8 People Act 1983, or

(c) ceases to be the Mayor by reason of failure to attend meetings of the Assembly,

the proper officer of the Authority shall forthwith declare his office to be vacant, unless it has been declared vacant by the High Court.

Marginal Citations

M7 1998 c. 18.

M8 1983 c. 2.

15 Date of casual vacancy. E+W+S

(1) Subsection (1) of section 9 above shall apply for the purpose of filling a casual vacancy in the office of Mayor as it applies for the purpose of filling a casual vacancy in the membership of the Assembly, but with the omission of paragraphs (a) and (b) and the substitution for paragraph (h) of—

“(h) in the case of a person—

(i) ceasing to be qualified to be the Mayor, or becoming disqualified, for any reason other than one mentioned in paragraphs (c) to (g) above, or

(ii) ceasing to be the Mayor by reason of failure to attend meetings of the Assembly,

on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority, as the case may be.”

(2) If a casual vacancy arises in the office of Mayor, the proper officer of the Authority shall give—

(a) notice of the vacancy to the Greater London returning officer; and

(b) public notice of the vacancy in every Assembly constituency.

(3) Any public notice under subsection (2)(b) above shall be given—

(a) by posting the notice in some conspicuous place or places in each Assembly constituency; and

(b) in such other manner, if any, as the officer considers desirable for giving publicity to the notice.

(4) Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of subsection (1) above as occurring.

16 Filling a vacancy. E+W+S

(1) This section applies where a vacancy occurs in the office of the Mayor.

(2) Subject to subsection (9) below, an election shall be held to fill the vacancy.

(3) At the election, each person entitled to vote as an elector at the election shall have a mayoral vote.

(4) Subsections (2) and (3) of section 4 above and Part I of Schedule 2 to this Act shall apply in relation to the election as they apply in relation to the election of the Mayor at an ordinary election.

(5) The date of the poll at the election shall be fixed by the Greater London returning officer in accordance with subsection (6) below.

(6) The date fixed shall be no later than 35 days after the date of the relevant event.

(7) In subsection (6) above, the relevant event means—

(a) in a case where the High Court or the proper officer of the Authority have declared the office to be vacant, the making of that declaration; or

(b) in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for Greater London.

(8) Section 243(4) of the M9 Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (6) above as it applies for the purposes of section 89(1) of that Act.

(9) If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election.

(10) If—

(a) a person who is a candidate in an election to fill a vacancy in the office of Mayor is also a candidate in an election to fill a vacancy in an Assembly constituency, and

(b) that person is returned in both elections, but

(c) the circumstances are such that a vacancy does not arise in the Assembly constituency by virtue of section 8 above,

a vacancy shall arise in the Assembly constituency.

(11) The term of office of the person returned as the Mayor at the election—

(a) shall begin immediately upon his being declared to be returned as the Mayor; and

(b) shall end at the time when it would have ended had he been returned as the Mayor at the previous ordinary election.

Marginal Citations

M9 1972 c. 70.

Franchise, conduct of elections etc E+W+S

17 Franchise, conduct of elections etc. E+W+S

Schedule 3 to this Act (which, by amending the Representation of the People Acts, makes provision for and in connection with treating elections under this Act as local government elections for the purposes of those Acts) shall have effect.

[F6 17A Free delivery of election addresses. E+W+S

(1) Each candidate at the first election of the Mayor shall be entitled (subject to and in accordance with the provisions of Schedule 3A to this Act) to have an election address prepared on behalf of the candidate included in a booklet of election addresses—

(a) prepared by the Greater London returning officer; and

(b) sent by that officer, by post, to each elector in Greater London.

(2) In subsection (1) above elector, in relation to the election mentioned in that subsection—

(a) means a person who is registered in the register of local government electors for an electoral area in Greater London on the last day for publication of notice of the election; and

(b) includes a person then shown in any such register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.

(3) The Secretary of State may by order make such provision as he considers appropriate for and in connection with enabling candidates—

(a) at ordinary elections other than the first such election, or

(b) at elections to fill vacancies in the office of Mayor or Assembly member,

to have their election addresses (within the meaning of the order) delivered, at the Authority’s expense, by [F7 a universal service provider (within the meaning of the Postal Services Act 2000)] or by any other means specified in the order.

(4) Without prejudice to the generality of subsection (3) above, an order under that subsection may make provision—

(a) for free delivery of election addresses to be available under the order only in the case of any specified description of election falling within paragraph (a) or (b) of that subsection or within section 2(7) above;

(b) for enabling the Authority to determine the descriptions of elections (if any) in the case of which free delivery of election addresses is to be so available;

(c) for regulating in any respect the form and manner in which free delivery of election addresses is to be so available;

(d) for restricting the number of separate mailings in respect of the free delivery of election addresses, whether—

(i) by limiting the number of separate election addresses by reference to any specified circumstances, or

(ii) by requiring the preparation of a single document incorporating all the election addresses to be delivered on behalf of candidates at a particular election,

or otherwise;

(e) for imposing conditions which must be satisfied by any candidate or candidates seeking to avail themselves of free delivery of election addresses under the order;

(f) for authorising election addresses falling to be delivered under the order to be disseminated by such means (other than those by which they are to be so delivered) as may be specified;

(g) for securing that civil or criminal liability in respect of material contained in any election address falling to be delivered under the order (including any such liability arising in connection with any dissemination of the material in pursuance of paragraph (f) above) is incurred only by the candidate on behalf of whom it falls to be so delivered or his election agent.

(5) In subsection (4) above—

• free delivery of election addresses means the delivery of election addresses, in accordance with an order under subsection (3) above, at the Authority’s expense;

• specified means specified in an order under subsection (3) above.

(6) Before making an order under subsection (3) above the Secretary of State shall consult—

(a) the Mayor and the London Assembly; and

(b) such other persons and bodies as he may determine to be appropriate.

(7) Schedule 3A to this Act (which makes provision supplementing subsection (1) above) shall have effect.]

Textual Amendments

F6 S. 17A inserted (9.3.2000) by 2000 c. 2, s. 14(1)(2)

F7 Words in s. 17A(3) substituted (26.3.2001) by S.I. 2001/648, art. 4(1), Sch. 1 para. 14

Modifications etc. (not altering text)

C3 S. 17A(3) amended (16.2.2001) by 2000 c. 41, s. 7(2)(i); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

18 Cost of holding the first ordinary elections. E+W+S

(1) A returning officer shall be entitled to recover expenditure properly incurred by him in relation to the holding of the first ordinary election if the expenditure—

(a) is of a kind determined by the Secretary of State; and

(b) is reasonable.

(2) The Secretary of State may determine a maximum recoverable amount for expenditure of such description as he may determine; and the returning officer may not recover more than that amount in respect of any such expenditure.

(3) The amount of any expenditure recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Secretary of State; but the Secretary of State must, before payment, satisfy himself that the expenditure in the account is properly payable.

(4) A returning officer must furnish the Secretary of State with such information or documents relating to an account submitted under subsection (3) above as the Secretary of State may require.

(5) The Secretary of State must prepare an account of any sums which are issued to him out of the Consolidated Fund by virtue of this section and of his use of those sums.

(6) The account required to be prepared under subsection (5) above must be audited by such body or person as the Treasury may determine.

(7) Any exercise by the Secretary of State of his functions under subsections (1) and (2) above shall require the consent of the Treasury.

(8) This section has effect in relation to the first ordinary election instead of section 36(4B) of the Representation of the M10 People Act 1983.

Marginal Citations

M10 1983 c. 2.

19 Expenditure of Secretary of State in connection with holding the first ordinary election. E+W+S

(1) The Secretary of State may incur expenditure in doing anything which he considers expedient—

(a) in preparation for the holding of the first ordinary election,

(b) for the purpose of facilitating the conduct of the first ordinary election, or

(c) otherwise in connection with the holding of the first ordinary election.

(2) The Secretary of State must not, by virtue of subsection (1) above, incur expenditure of a kind which is recoverable by a returning officer under section 18 above.

Qualifications and disqualifications E+W+S

20 Qualification to be the Mayor or an Assembly member. E+W+S

(1) Subject to any disqualification by virtue of this Act or any other enactment, a person is qualified to be elected and to be the Mayor or an Assembly member if he satisfies the requirements of subsections (2) to (4) below.

(2) The person must be—

(a) a Commonwealth citizen;

(b) a citizen of the Republic of Ireland; or

(c) a relevant citizen of the Union.

(3) On the relevant day, the person must have attained the age of 21 years.

(4) The person must satisfy at least one of the following conditions—

(a) on the relevant day he is, and from that day continues to be, a local government elector for Greater London;

(b) he has, during the whole of the twelve months preceding that day, occupied as owner or tenant any land or other premises in Greater London;

(c) his principal or only place of work during that twelve months has been in Greater London;

(d) he has during the whole of that twelve months resided in Greater London.

(5) This section applies in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.

(6) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.

(7) In the application of this section by virtue of subsection (5) above, any reference to the day on which a person is nominated as a candidate shall be taken as a reference to the day on which notification of the person’s name is given under section 11(3) above by the Greater London returning officer.

(8) In this section—

• citizen of the Union shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union);

• relevant citizen of the Union means a citizen of the Union who is not—

  (a)

  a Commonwealth citizen; or

  (b)

  a citizen of the Republic of Ireland;

• the relevant day, in relation to any candidate, means—

  (a)

  the day on which he is nominated as a candidate and also, if there is a poll, the day of the election; or

  (b)

  if the election is not preceded by the nomination of candidates, the day of the election.

21 Disqualification from being the Mayor or an Assembly member. E+W+S

(1) A person is disqualified from being elected or being the Mayor or an Assembly member if—

(a) he is a member of staff of the Authority;

(b) he holds any of the offices or appointments for the time being designated by the Secretary of State in an order as offices or appointments disqualifying persons from being the Mayor or an Assembly member;

(c) he has been adjudged bankrupt, or made a composition or arrangement with his creditors;

(d) he has within five years before the day of the election, or since his election, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(e) he is disqualified under—

(i) section 85A or Part III of the Representation of the M11 People Act 1983, or

(ii) section 17 or 18 of the M12 Audit Commission Act 1998,

from being elected or being the Mayor or an Assembly member.

(2) A paid officer of a London borough council who is employed under the direction of—

(a) any of that council’s committees or sub-committees the membership of which includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or

(b) a joint committee the membership of which includes one or more members appointed on the nomination of that council and one or more members appointed on the nomination of the Authority acting by the Mayor,

[F8 (c) the executive or any committee of the executive of that council, where that council are operating executive arrangements and the membership of that executive includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or

(d) a member of the executive of that council, where that council are operating executive arrangements and that member is also the Mayor or a person appointed on the nomination of the Authority acting by the Mayor,]

shall be disqualified from being elected or being the Mayor or an Assembly member.

[F9 (2A) In this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.]

(3) Where a person is disqualified under subsection (1)(c) above by reason of having been adjudged bankrupt, the disqualification shall cease—

(a) unless the bankruptcy order made against the person is previously annulled, on his discharge from bankruptcy; and

(b) if the bankruptcy order is so annulled, on the date of the annulment.

(4) Where a person is disqualified under subsection (1)(c) above by reason of having made a composition or arrangement with his creditors, the disqualification shall cease—

(a) if he pays his debts in full, on the date on which the payment is completed; and

(b) in any other case, on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

(5) For the purposes of subsection (1)(d) above—

(a) the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires, or

(b) if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution,

shall be deemed to be the date of the conviction.

(6) This section shall apply in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.

(7) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.

Textual Amendments

F8 S. 21(2)(c)(d) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 35(a)

F9 S. 21(2A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 35(b)

Commencement Information

I3 S. 21 wholly in force at 14.12.1999: by virtue of s. 425(2) this Act comes into force at Royal Assent in regards to any powers of a Minister of the Crown to make regulations or an order; s. 21 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Marginal Citations

M11 1983 c. 2.

M12 1998 c. 18.

22 Validity of acts done by unqualified persons. E+W+S

The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

23 Proceedings for disqualification. E+W+S

Section 92 of the M13 Local Government Act 1972 (proceedings for disqualification) shall apply in relation to the Authority as it applies in relation to a local authority within the meaning of that section, but taking—

(a) any reference to a member of a local authority as a reference to the Mayor or an Assembly member;

(b) any reference to a local government elector for the area concerned as a reference to a local government elector for Greater London; and

(c) any reference to meetings of the local authority as a reference to meetings of the Assembly.

Marginal Citations

M13 1972 c. 70.

Salaries, expenses and pensions E+W+S

24 Salaries and expenses. E+W+S

(1) The Authority shall pay to the Mayor and the Assembly members salaries at such levels—

(a) as the Authority from time to time determines; or

(b) before the first determination, as the Secretary of State directs.

(2) The Authority may pay to the Mayor and the Assembly members, in respect of expenses incurred in the exercise of their functions, allowances at such levels—

(a) as the Authority may from time to time determine; or

(b) before the first determination, as the Secretary of State may direct.

(3) A determination or direction under subsection (1) above may provide—

(a) for a higher level of salary to be payable to the Mayor than to any Assembly member;

(b) for higher levels of salaries to be payable to Assembly members holding the offices specified in subsection (4) below than to other Assembly members; and

(c) for different salaries to be payable to Assembly members holding different such offices.

(4) The offices mentioned in subsection (3)(b) above are—

(a) Deputy Mayor;

(b) Chair of the Assembly.

(5) A determination or direction under subsection (2) above may provide for different allowances for different cases.

(6) A determination under this section may provide for levels of salaries or allowances to change from time to time by reference to a specified formula.

(7) The Authority’s functions of making determinations under this section shall be functions of the Authority which are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.

(8) The standing orders of the Authority must include provision for the publication of every determination under this section.

(9) The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.

25 Limit on salaries of members of other public bodies. E+W+S

(1) The Secretary of State may by order make provision such as is specified in subsection (3) below in relation to any Authority members to whom relevant remuneration is payable—

(a) pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House;

(b) under section 1 of the M14 European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs); or

(c) in respect of their membership of any other public body (whether elected or appointed) which is specified in the order.

(2) In this section—

• Authority member means—

  (a)

  the Mayor; or

  (b)

  an Assembly member;

• relevant remuneration means—

  (a)

  a salary; or

  (b)

  any allowance of a description specified by order made by the Secretary of State.

(3) The provision referred to in subsection (1) above is provision that the amount of the salary payable to an Authority member under section 24 above—

(a) shall be reduced to a specified proportion of what it otherwise would be or to a specified amount; or

(b) shall be reduced by the amount of the relevant remuneration payable to him as mentioned in subsection (1) above, by a specified proportion of that amount or by some other specified amount.

(4) An order under subsection (1) above may make different provision in relation to Authority members—

(a) to whom (apart from the order) different amounts of salary would be payable under section 24 above; or

(b) to whom different amounts of relevant remuneration are payable as mentioned in subsection (1) above.

(5) Such an order may include provision that it (or a specified part of it) is not to apply to a specified Authority member or description of Authority members—

(a) either indefinitely or for a specified period; and

(b) either unconditionally or subject to the fulfilment of specified conditions.

Commencement Information

I4 S. 25 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 25 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Marginal Citations

M14 1979 c. 50.

26 Pensions. E+W+S

(1) The Authority may make such provision for the payment of pensions to or in respect of persons who have ceased to be the Mayor or an Assembly member—

(a) as the Authority may from time to time determine; or

(b) before the first determination, as the Secretary of State may direct.

(2) The provision which may be made under this section includes, in particular, provision for—

(a) the making of payments towards the provision of superannuation benefits;

(b) establishing and administering one or more schemes for the provision of such benefits;

(c) the making of such payments as are mentioned in paragraph (a) above to any scheme (whether or not established or administered by virtue of paragraph (b) above) of which the Mayor or an Assembly member may be or become a member.

(3) Different provision may be made under this section for different cases.

(4) The Authority’s function of determining the provision that may be made under subsection (1) above shall be a function of the Authority which is exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.

(5) The standing orders of the Assembly must include provision for the publication of every determination under this section.

(6) The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.

(7) A determination or direction under this section shall not affect pensions in payment before the making of the determination or the giving of the direction.

27 Publication of information about remuneration paid. E+W+S

The standing orders of the Authority must contain provision for the publication of information relating to sums paid under sections 24 and 26 above for each financial year.

Supplementary provisions E+W+S

28 Declaration of acceptance of office. E+W+S

(1) A person elected to the office of Mayor or of an Assembly member shall not act in that office unless—

(a) he has made a declaration of acceptance of the office in a form prescribed in an order made by the Secretary of State; and

(b) within two months from the day of the election, the declaration has been delivered to the proper officer of the Authority.

(2) If such a declaration is not made and delivered to that officer within that time, the office of the person elected shall become vacant at the expiration of that time.

(3) The declaration shall be made before—

(a) two members of the Assembly;

(b) the proper officer of the Authority;

(c) a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man; or

(d) a commissioner appointed to administer oaths in the Supreme Court.

(4) Any person before whom a declaration is authorised to be made under this section may take the declaration.

(5) In relation to the first ordinary election, an order under section 3(4) above may make provision with respect to the making and delivery of declarations of acceptance of office in the case of the persons elected as the Mayor or Assembly members.

(6) An order made by virtue of subsection (5) above may (in particular) make provision—

(a) permitting declarations to be made before such person (other than those specified in subsection (3) above) as may be specified or described in the order;

(b) authorising any person specified or described under paragraph (a) above to take declarations;

(c) requiring declarations to be delivered to such person as may be specified or described in the order instead of the officer mentioned in subsection (1)(b) above; and

(d) requiring declarations delivered in accordance with provision made under paragraph (c) above to be transmitted to the proper officer of the Authority when one has been appointed.

(7) No salary, and no payment towards the provision of superannuation benefits, shall be paid under this Act to or in respect of the Mayor or an Assembly member until he has complied with the requirements of subsection (1) above.

(8) Subsection (7) above does not affect any entitlement of the Mayor or an Assembly member to payments in respect of the period before he complies with the requirements of subsection (1) above once he has complied with those requirements.

(9) This section applies in relation to a London member returned otherwise than at an election as if he had been elected on the day on which he is to be treated as returned.

Commencement Information

I5 S. 28 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act is in force at Royal Assent in regards to any powers of a Minister of the Crown to make regulations or an order; s. 28 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

29 Interpretation of Part I. E+W+S

In this Part, except where the context otherwise requires—

• constituency returning officer means the returning officer at an election of an Assembly member for an Assembly constituency (see section 35(2B) of the Representation of the M15 People Act 1983);

• constituency vote has the meaning given by section 4(1)(b) above;

• elector has the same meaning as in the Representation of the M16 People Act 1983 (see section 202(1) of that Act);

• F10 . . .

• Greater London returning officer means the person who is for the time being the proper officer of the Authority for the purposes of section 35(2C) of the Representation of the M17 People Act 1983 (returning officer at elections of Mayor and London members);

• local government elector means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;

• F11 . . .

• London vote has the meaning given by section 4(1)(c) above;

• mayoral vote has the meaning given by subsection (1)(a) of section 4 above (as read with subsection (3) of that section);

• registered political party has the meaning given by section 4(11) above;

• F12 . . .

• vote and voter have the same meaning as in the Representation of the M18 People Act 1983 (see section 202(1) of that Act).

Textual Amendments

F10 Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

F11 Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

F12 Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

Modifications etc. (not altering text)

C4 S. 29 modified (7.3.2000) by S.I. 2000/308, art. 3

Marginal Citations

M15 1983 c. 2.

M16 1983 c. 2.

M17 1983 c. 2.

M18 1983 c. 2.

Part II U.K. General Functions and Procedure

The general and subsidiary powers of the Authority E+W+S

30 The general power of the Authority. E+W+S

(1) The Authority shall have power to do anything which it considers will further any one or more of its principal purposes.

(2) Any reference in this Act to the principal purposes of the Authority is a reference to the purposes of—

(a) promoting economic development and wealth creation in Greater London;

(b) promoting social development in Greater London; and

(c) promoting the improvement of the environment in Greater London.

(3) In determining whether or how to exercise the power conferred by subsection (1) above to further any one or more of its principal purposes, the Authority shall have regard to the desirability of so exercising that power as to—

(a) further the remaining principal purpose or purposes, so far as reasonably practicable to do so; and

(b) secure, over a period of time, a reasonable balance between furthering each of its principal purposes.

(4) In determining whether or how to exercise the power conferred by subsection (1) above, the Authority shall have regard to the effect which the proposed exercise of the power would have on—

(a) the health of persons in Greater London; and

(b) the achievement of sustainable development in the United Kingdom.

(5) Where the Authority exercises the power conferred by subsection (1) above, it shall do so in the way which it considers best calculated—

(a) to promote improvements in the health of persons in Greater London, and

(b) to contribute towards the achievement of sustainable development in the United Kingdom,

except to the extent that the Authority considers that any action that would need to be taken by virtue of paragraph (a) or (b) above is not reasonably practicable in all the circumstances of the case.

(6) In subsection (5)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of the power.

(7) The Secretary of State may issue guidance to the Authority concerning the exercise by the Authority of the power conferred by subsection (1) above.

(8) In deciding whether or how to exercise that power, the Authority shall have regard to any guidance issued under subsection (7) above.

(9) Any guidance issued under subsection (7) above shall be published by the Secretary of State in such manner as he considers appropriate.

(10) The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

Commencement Information

I6 S. 30 wholly in force at 3.7.2000; s. 30 not in force at Royal Assent see s. 425(2); s. 30(7)(9) in force at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 30 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

31 Limits of the general power. E+W+S

(1) The Authority shall not by virtue of section 30(1) above incur expenditure in doing anything which may be done by a functional body other than the London Development Agency.

(2) In determining whether to exercise the power conferred by section 30(1) above, the Authority shall seek to secure that it does not incur expenditure in doing anything which is being done by the London Development Agency.

(3) The Authority shall not by virtue of section 30(1) above incur expenditure in providing—

(a) any housing,

(b) any education services,

(c) any social services, or

(d) any health services,

in any case where the provision in question may be made by a London borough council, the Common Council or any other public body.

(4) Any reference in subsection (3) above to the provision of housing—

(a) includes a reference to the management of housing; but

(b) does not include a reference to the acquisition by the Authority of existing housing accommodation and the making of that accommodation available on a temporary basis for one or more of the principal purposes of the Authority or for purposes incidental to such a purpose.

(5) Any reference in subsection (3) above to the provision of social services is a reference to the exercise of [F13 any social services function within the meaning of the Local Authority Social Services Act 1970]

(6) Nothing in subsections (1) to (5) above shall be taken to prevent the Authority incurring expenditure in co-operating with, or facilitating or co-ordinating the activities of, the bodies mentioned in those subsections.

(7) The Secretary of State may by order amending this section make further provision for preventing the Authority from doing by virtue of section 30(1) above anything—

(a) which may be done by a London borough council, the Common Council or a public body, and

(b) which is specified, or is of a description specified, in the order.

(8) The Secretary of State may by order impose limits on the expenditure which may be incurred by the Authority by virtue of section 30(1) above.

(9) The Secretary of State may by order amending this section make provision removing or restricting any prohibitions or limitations imposed by this section on what may be done by the Authority by virtue of section 30(1) above.

Textual Amendments

F13 Words in s. 31(5) substituted for s. 31(5)(a)(b) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 33; S.I. 2000/2849, art. 2(f)(h)

Commencement Information

I7 S. 31 wholly in force at 3.7.2000: s. 31 in force at Royal Assent for certain purposes see s. 425(2); s. 31 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

32 Consultation. E+W+S

(1) The power conferred by section 30(1) above is exercisable only after consultation with such bodies or persons as the Authority may consider appropriate in the particular case.

(2) In determining what consultation (if any) is appropriate under subsection (1) above, the bodies which, and persons whom, the Authority considers consulting must include—

(a) any London borough council;

(b) the Common Council; and

(c) bodies of each of the descriptions specified in subsection (3) below.

(3) Those descriptions are—

(a) voluntary bodies some or all of whose activities benefit the whole or part of Greater London;

(b) bodies which represent the interests of different racial, ethnic or national groups in Greater London;

(c) bodies which represent the interests of different religious groups in Greater London;

(d) bodies which represent the interests of persons carrying on business in Greater London.

(4) The Authority may make arrangements with—

(a) any London borough council,

(b) the Common Council,

(c) bodies of the descriptions specified in subsection (3) above, and

(d) such other bodies or persons as it may consider appropriate,

for the purpose of facilitating the carrying out by the Authority of consultation pursuant to this section or any other provision of this Act.

(5) The functions conferred on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

33 Equality of opportunity. E+W+S

(1) The Authority shall make appropriate arrangements with a view to securing that—

(a) in the exercise of the power conferred on the Authority by section 30 above,

(b) in the formulation of the policies and proposals to be included in any of the strategies mentioned in section 41(1) below, and

(c) in the implementation of any of those strategies,

there is due regard to the principle that there should be equality of opportunity for all people.

(2) After each financial year the Authority shall publish a report containing—

(a) a statement of the arrangements made in pursuance of subsection (1) above which had effect during that financial year; and

(b) an assessment of how effective those arrangements were in promoting equality of opportunity.

(3) The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

34 Subsidiary powers of the Authority. E+W+S

(1) The Authority, acting by the Mayor, by the Assembly, or by both jointly, may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the Authority exercisable by the Mayor or, as the case may be, by the Assembly or by both acting jointly.

(2) The Authority shall not by virtue of this section raise money (whether by precepts, borrowing or otherwise) or lend money, except in accordance with the enactments relating to those matters.

Modifications etc. (not altering text)

C5 S. 34(2) excluded (18.11.2003) by Local Government Act 2003 (c. 26), ss. 93, 128(2)(d)

Exercise of functions: general principles E+W+S

35 Authority functions to be exercisable by Mayor, Assembly or both. E+W+S

(1) Any function transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed) shall, in accordance with the provisions of this Act, be exercisable—

(a) only by the Mayor acting on behalf of the Authority;

(b) only by the Assembly so acting; or

(c) only by the Mayor and Assembly jointly so acting.

(2) Any function—

(a) which is transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed), and

(b) which (apart from this subsection) is not made exercisable on behalf of the Authority by the Mayor, by the Assembly, or by the Mayor and the Assembly acting jointly,

shall be exercisable only by the Mayor acting on behalf of the Authority.

(3) Any function transferred to, or conferred or imposed on, the Mayor by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor acting on behalf of the Authority.

(4) Any function transferred to, or conferred or imposed on, the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Assembly acting on behalf of the Authority.

(5) Any function transferred to, or conferred or imposed on, the Mayor and the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor and Assembly acting jointly on behalf of the Authority.

(6) Subsections (3) and (4) above are subject to subsection (5) above.

(7) Any reference in this Act to—

(a) functions of the Authority,

(b) functions of the Mayor,

(c) functions of the Assembly, or

(d) functions of the Mayor and Assembly,

shall be construed in accordance with the foregoing provisions of this section.

(8) Subsections (1) to (7) above are subject to any express provision to the contrary in this Act.

(9) Subsections (2) and (3) above are without prejudice to [F14 sections 38 and 380] below and Schedule 4 to this Act.

(10) This section is subject, in particular, to Part II of the M19 Deregulation and Contracting Out Act 1994 (contracting out).

Textual Amendments

F14 Words in s. 35(9) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. I para. 3

Marginal Citations

M19 1994 c. 40.

36 Standing orders of the Authority. E+W+S

(1) The Assembly, in consultation with the Mayor, may make standing orders of the Authority.

(2) The procedure of the Assembly, and of any committees or sub-committees of the Assembly, shall be regulated by the standing orders of the Authority.

(3) Standing orders of the Authority may make provision regulating the procedure to be followed—

(a) by any member of the Assembly, or

(b) by any member of staff of the Authority,

by whom functions of the Authority are exercisable pursuant to arrangements under section 54 below.

(4) Standing orders of the Authority may make provision regulating the procedure to be followed by the Mayor or by the Assembly in discharging any functions of the Mayor or the Assembly, to the extent that the functions—

(a) consist of consultation, or any other interaction or relationship, between the Mayor and the Assembly; or

(b) are exercisable by the Mayor in relation to the Assembly or by the Assembly in relation to the Mayor.

(5) Standing orders of the Authority may make provision for any other matter for which provision by standing orders of the Authority is authorised or required by or under any other provision of this Act or any other enactment.

(6) Subsections (2) to (5) above are subject to any other provision of this Act or any other enactment which regulates, or provides for the regulation of, the procedure of the Assembly or any procedure to be followed by the Mayor.

(7) Standing orders of the Authority may make different provision for different circumstances.

(8) The Assembly, after consultation with the Mayor, may at any time vary or revoke any standing orders of the Authority.

(9) Neither section 38 below nor section 54 below shall apply in relation to the functions of the Mayor or the Assembly under this section.

37 Discharge during vacancy or temporary incapacity of Mayor. E+W+S

Schedule 4 to this Act shall have effect with respect to the discharge of functions during periods when—

(a) there is a vacancy in the office of Mayor; or

(b) there is no such vacancy but the Mayor is unable to act in his office.

Functions exercisable by the Mayor E+W+S

38 Delegation. E+W+S

(1) Any function exercisable on behalf of the Authority by the Mayor shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.

(2) Those bodies and persons are—

(a) the Deputy Mayor;

(b) any member of staff of the Authority;

(c) Transport for London;

(d) the London Development Agency;

(e) the Common Council;

(f) any local authority.

(3) In the case of the Common Council or a local authority, an authorisation under this section—

(a) may only be granted or varied with its written consent; and

(b) shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.

(4) [F15 Subject to subsection (5A), where], by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.

(5) [F16 Subject to subsection (5A), subsection](4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by—

(a) a committee or sub-committee, or a member, officer or employee, of the body or person, or

(b) a joint committee on which the body or person is represented,

except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.

[F17 (5A) Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by a local authority which are operating executive arrangements—

(a) that duty shall be treated as a function of that local authority for the purposes of section 13 of the Local Government Act 2000; and

(b) if, or to the extent that, that duty is a function which is the responsibility of the executive of that authority—

(i) subsections (4) and (5) above shall not apply; and

(ii) sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.]

(6) Subsection (1) above does not apply—

(a) in relation to functions under this section;

(b) in relation to any function of making appointments under subsection (1) of section 67 below (which, subject to the provisions of Schedule 4 to this Act, shall be exercisable only by the Mayor); or

(c) in relation to any function under Part X below (in relation to which provision for delegation is made under that Part).

(7) Each of the following bodies, namely—

(a) Transport for London,

(b) the London Development Agency,

(c) the Common Council,

(d) any local authority,

shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.

(8) Subsections (3) and (4) of section 101 of the M20 Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor—

(a) to a local authority,

(b) to Transport for London, or

(c) to the London Development Agency,

as they apply to arrangements under that section between one local authority and another.

(9) An authorisation under this section may be varied or revoked at any time by the Mayor.

(10) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.

[F18 (11) For the purposes of this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.]

Textual Amendments

F15 Words in s. 38(4) substituted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(a)

F16 Words in s. 38(5) substituted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(b)

F17 S. 38(5A) inserted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(c)

F18 S. 38(11) added (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(d)

Modifications etc. (not altering text)

C6 S. 38(1) excluded (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004, 1.1.2004 for E.) by Local Government Act 2003 (c. 26), ss. 3(9), 128(6); S.I. 2003/2938, art. 5 (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 3)

Marginal Citations

M20 1972 c. 70.

39 Exercise of functions by joint committees. E+W+S

(1) Where any functions exercisable on behalf of the Authority by the Mayor are, by virtue of an authorisation under section 38(1) above, also exercisable by one or more local authorities, the Mayor and those authorities may enter into arrangements under section 101(5) of the M21 Local Government Act 1972 for the joint discharge of the functions by a joint committee.

(2) Where—

(a) a statutory function of the Authority is exercisable, or has been exercised, by the Mayor acting on behalf of the Authority, and

(b) the exercise, or any particular exercise, of that function will or may affect, or be affected by, the exercise, or any particular exercise, of statutory functions of local authorities (whether or not the functions are the same in the case of each such authority),

the Mayor and those authorities may enter into arrangements under section 101(5) of the M22 Local Government Act 1972 for the joint exercise of any of the statutory functions mentioned in paragraph (a) or (b) above by a joint committee, as if those functions were exercisable by the Mayor acting on behalf of the Authority and by each local authority.

(3) For the purposes of subsection (2) above, the exercise of a function shall be taken to affect, or be affected by, the exercise of another function if the functions are exercisable for the same, or for similar or connected, purposes or in relation to the same, or similar or connected, subject matter.

(4) For the purposes of subsections (1) and (2) above, sections 101(5) and 102 to 106 of the M23 Local Government Act 1972 shall have effect as if the Authority acting by the Mayor were a local authority.

(5) Any arrangements made by virtue of subsection (1) or (2) above for the discharge of any functions by a joint committee (or by a sub-committee of a joint committee) shall not prevent the Mayor or any local authority, or the joint committee by whom the arrangements are made, from exercising the functions.

(6) A person who is disqualified under section 21 above from being elected or being the Mayor or an Assembly member, otherwise than by reason only of being a member of staff of the Authority, shall be disqualified from being a member of a joint committee established by virtue of subsection (1) or (2) above or of any sub-committee of such a committee.

(7) Subject to that, the Mayor or any other individual may be appointed as a representative of the Authority on any joint committee established by virtue of subsection (1) above and any such representative may be appointed as a member of any sub-committee of such a joint committee.

(8) Any reference in this section to a local authority includes a reference to the Common Council.

Marginal Citations

M21 1972 c. 70.

M22 1972 c. 70.

M23 1972 c. 70.

40 Contracting out. E+W+S

(1) Part II of the M24 Deregulation and Contracting Out Act 1994 (contracting out) shall be amended as follows.

(2) In section 70 (functions of local authorities) in subsection (1)(b), after section 56 of the Local Government (Scotland) Act 1973 there shall be inserted “ or section 38 or 380 of the Greater London Authority Act 1999 ”.

(3) After subsection (5) of that section (which implies certain terms into arrangements under section 101 of the M25 Local Government Act 1972 etc) there shall be inserted—

“(6) Any reference in subsection (5) above to arrangements under section 101 of the M26 Local Government Act 1972 includes a reference to an authorisation under section 38 or 380 of the Greater London Authority Act 1999.”

(4) In section 79(1) (interpretation of Part II) in the definition of local authority, in paragraph (a), after London borough council, there shall be inserted “ the Greater London Authority acting through the Mayor of London, ”.

Marginal Citations

M24 1994 c. 40.

M25 1972 c. 70.

M26 1972 c. 70.

The Mayor’s strategies E+W+S

41 General duties of the Mayor in relation to his strategies. E+W+S

(1) This section applies to—

(a) the transport strategy prepared and published under section 142 below,

(b) the London Development Agency strategy prepared and published under section 7A(2) of the M27 Regional Development Agencies Act 1998,

(c) the spatial development strategy prepared and published under Part VIII below,

(d) the London Biodiversity Action Plan prepared and published under section 352 below,

(e) the municipal waste management strategy prepared and published under section 353 below,

(f) the London air quality strategy prepared and published under section 362 below,

(g) the London ambient noise strategy prepared and published under section 370 below, and

(h) the culture strategy prepared and published under section 376 below.

(2) The Mayor shall keep each of the strategies mentioned in subsection (1) above under review and shall make such revisions of those strategies as he considers necessary.

(3) Subsection (2) above does not apply in relation to the spatial development strategy (for which separate provision as to review is made by section 340 below).

(4) In preparing or revising any strategy mentioned in subsection (1) above, the Mayor shall have regard to—

(a) the principal purposes of the Authority;

(b) the effect which the proposed strategy or revision would have on—

(i) the health of persons in Greater London; and

(ii) the achievement of sustainable development in the United Kingdom; and

(c) the matters specified in subsection (5) below.

(5) Those matters are—

(a) the need to ensure that the strategy is consistent with national policies and with such international obligations as the Secretary of State may notify to the Mayor for the purposes of this paragraph;

(b) the need to ensure that the strategy is consistent with each other strategy mentioned in subsection (1) above;

(c) the resources available for implementation of the strategy; and

(d) the desirability of promoting and encouraging the use of the River Thames safely, in particular for the provision of passenger transport services and for the transportation of freight.

(6) The Mayor—

(a) in considering whether any strategy mentioned in subsection (1) above needs to be revised,

(b) in implementing any such strategy, or

(c) in exercising in relation to the spatial development strategy any of his functions under sections 334 to 341 below,

shall have regard to the matters specified in subsection (5) above.

(7) Where the Mayor prepares or revises any strategy mentioned in subsection (1) above, he shall include such of the available policies and proposals relating to the subject matter of the strategy as he considers best calculated—

(a) to promote improvements in the health of persons in Greater London, and

(b) to contribute towards the achievement of sustainable development in the United Kingdom,

except to the extent that he considers that any action that would need to be taken by virtue of paragraph (a) or (b) above is not reasonably practicable in all the circumstances of the case.

(8) In subsection (7)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the strategy or revision.

(9) The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above as he may consider appropriate, having regard to—

(a) any related targets or objectives set nationally; and

(b) any performance indicators set by the Secretary of State, whether nationally or locally, which affect the exercise of functions by authorities involved in the implementation of the strategy;

and in setting any such targets the Mayor shall seek to secure that they are not less demanding than any related targets or objectives which are set nationally.

(10) For the purposes of this section international obligations means international obligations of the United Kingdom under any treaty, including obligations under the Community Treaties.

(11) For the purposes of this Act, unless the context otherwise requires, a reference to a strategy includes a reference to the London Biodiversity Action Plan.

Marginal Citations

M27 1998 c. 45.

42 Consultation. E+W+S

(1) In preparing or revising any strategy to which this section applies the Mayor shall consult—

(a) the Assembly,

(b) the functional bodies,

(c) each London borough council,

(d) the Common Council, and

(e) any other body or person whom he considers it appropriate to consult.

(2) In determining what consultation (if any) is appropriate under subsection (1)(e) above, the bodies which, and persons whom, the Mayor considers consulting must include bodies of each of the descriptions specified in section 32(3) above.

(3) The strategies to which this section applies are those mentioned in section 41(1) above, other than the spatial development strategy (for which separate provision as to consultation and other aspects of public participation is made by Part VIII below).

(4) Subsection (1) above is without prejudice to any other duty imposed on the Mayor in relation to consultation.

(5) In discharging the duty under subsection (1) above, the Mayor shall consult the Assembly and the functional bodies before consulting the other bodies or persons mentioned in subsection (1)(c) to (e) above.

(6) In any case where—

(a) the Mayor proposes to revise any of the strategies to which this section applies, and

(b) he considers that the proposed revisions will not materially alter the strategy in question,

the Mayor is not required to carry out consultation in accordance with this section.

Modifications etc. (not altering text)

C7 S. 42 excluded (3.7.2000) by 1998 c. 45, s. 7B(6) (as inserted (3.7.2000) by 1999 c. 29, s. 307 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

43 Publicity and availability of strategies. E+W+S

(1) The Mayor shall take such steps as in his opinion will give adequate publicity to the current version of each strategy to which section 42 above applies.

(2) The Mayor shall send to the Common Council and to each London borough council a copy of the current version of each strategy mentioned in section 41(1) above.

(3) A copy of the current version of each such strategy shall be kept available by the Mayor for inspection by any person on request free of charge—

(a) at the principal offices of the Authority, and

(b) at such other places as the Mayor considers appropriate,

at reasonable hours.

(4) A copy of the current version of each such strategy, or any part of such a strategy, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.

(5) Any reference in this section to the current version of a strategy or part of a strategy is a reference—

(a) in the case of the spatial development strategy, to that strategy as last published, whether originally or by way of replacement, and to any published alteration thereof for the time being having effect; and

(b) in the case of any other strategy, to that strategy as last published, whether originally or as revised.

44 Directions by the Secretary of State. E+W+S

(1) In relation to each strategy mentioned in section 41(1) above, where the Mayor has not published the strategy and the Secretary of State considers that the Mayor is not taking such steps as are necessary to prepare the strategy, he may issue a direction to the Mayor under subsection (2) below.

(2) A direction under this subsection may direct the Mayor to prepare and publish the strategy within such period as the direction shall specify.

(3) Where the Secretary of State issues a direction to the Mayor under subsection (1) above, the Mayor shall comply with the direction.

Public accountability E+W+S

45 The Mayor’s periodic report to the Assembly. E+W+S

(1) The Mayor shall, not later than three clear working days before the first meeting of the Assembly held pursuant to subsection (3) of section 52 below, and thereafter not later than three clear working days before each subsequent meeting of the Assembly held pursuant to that subsection, submit a written report to the Assembly.

(2) A report required to be submitted by the Mayor under subsection (1) above shall relate to the period since the submission of the previous report or, in the case of the first such report, to the period since the first ordinary election and shall include—

(a) notification of decisions taken by the Mayor which he considers to be of significance;

(b) the reasons for which the Mayor took the decisions mentioned in paragraph (a) above; and

(c) the response of the Mayor to proposals submitted by the Assembly under section 60 below.

(3) The Mayor shall attend every meeting of the Assembly held pursuant to section 52(3) below and shall, subject to subsection (6) below, answer questions put to him at any such meeting by Assembly members about matters in relation to which statutory functions are exercisable by him.

(4) The Mayor shall—

(a) so far as reasonably practicable, answer any such question orally at the meeting at which it is put, or

(b) 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 asked at the meeting,

(subject, in either case, to subsection (6) below).

(5) For the purposes of subsection (4)(b) above, the day on which a question is asked at a meeting is—

(a) in the case of an oral question, the day on which the question is first asked at the meeting; or

(b) in the case of a written question, the day on which the question is first raised at the meeting.

(6) The duty of the Mayor under subsection (3) or (4) above shall not require him to disclose advice received by him from—

(a) a person appointed under section 67(1) or (2) below,

(b) a functional body,

(c) a member of a functional body, or

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

except as provided by subsection (7) below.

(7) Where—

(a) the Mayor receives advice from a person falling within paragraph (b), (c) or (d) of subsection (6) above, and

(b) the functional body mentioned in that paragraph is the Metropolitan Police Authority or the London Fire and Emergency Planning Authority,

the Mayor is not relieved by subsection (6) above from any requirement to disclose the advice, if or to the extent that the advice falls within subsection (8) below.

(8) Advice given to the Mayor by a [F19 person falling within paragraph (b), (c) or (d) of subsection (6) above] 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 [F20 concerned]at a time when the meeting was open to members of the public by virtue of Part VA of the M28 Local 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.

(9) Any reference in this section to a member of staff of a functional body includes a reference to an officer or employee of that body.

(10) For the purposes of this section, a day is a working day unless it is—

(a) a Saturday or Sunday;

(b) Christmas Eve, Christmas Day, Maundy Thursday or Good Friday;

(c) a day which is a Bank Holiday in England under the M29 Banking and Financial Dealings Act 1971; or

(d) a day appointed for public thanksgiving or mourning.

Textual Amendments

F19 Words in s. 45(8) substituted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 4(a)

F20 Word in s. 45(8)(a) inserted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 4(b)

Marginal Citations

M28 1972 c. 70.

M29 1971 c. 80.

46 Annual report by the Mayor. E+W+S

(1) As soon as practicable after the end of each financial year the Mayor shall prepare a report on the exercise by him of statutory functions during the year (an annual report).

(2) An annual report shall include—

(a) an assessment of the Mayor’s progress in implementing the strategies required to be prepared and published by him under this Act or under section 7A(2) of the M30 Regional Development Agencies Act 1998;

(b) a statement of any targets for the time being in force under section 41(9) above with respect to the implementation of those strategies and an assessment of the progress made by authorities involved in the implementation of those strategies towards achieving those targets;

(c) a summary of information which relates to the Authority’s performance of its statutory functions and which the Authority is required to publish under or by virtue of any enactment; and

(d) information of such descriptions as the Assembly, prior to the beginning of the financial year to which the annual report relates, has notified to the Mayor that it wishes to be included in the annual report.

(3) As soon as practicable after preparing an annual report, the Mayor—

(a) shall send a copy of the report to the Assembly; and

(b) shall publish the report.

(4) The annual report shall not be published until after the Mayor has sent a copy to the Assembly pursuant to subsection (3)(a) above.

(5) A copy of the annual report sent to the Assembly shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(6) A copy of the annual report sent to the Assembly, or any part of that report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(7) In this section the appropriate period in the case of an annual report is the period of six years beginning with the date of publication of that report pursuant to this section.

Marginal Citations

M30 1998 c. 45.

47 The annual State of London debate. E+W+S

(1) The Mayor shall once in every financial year hold and attend a meeting under this section (in this section referred to as a State of London debate) which shall be open to all members of the public.

(2) The form of, and procedure for, a State of London debate shall be such as the Mayor may determine after consultation with the Assembly, but must be such that there is an opportunity for members of the public to speak.

(3) The power to determine the form of, and procedure for, a State of London debate includes power to appoint a person to preside.

(4) Any person may be appointed to preside at a State of London debate, whether or not he has any connection with the Authority.

(5) A member of the public who attends or speaks at a State of London debate shall do so subject to and in accordance with the procedure for the State of London debate.

(6) A State of London debate shall be held on a date to be determined by the Mayor—

(a) during April, May or June in each successive period of twelve months beginning with 1st April 2001, and

(b) at least 7 days after the publication under section 46 above of the annual report relating to the financial year last ended.

(7) At least one month prior to the date on which the State of London debate is to be held, the Mayor—

(a) shall determine the place at which the meeting is to be held; and

(b) shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.

48 People’s Question Time. E+W+S

(1) The Mayor and the Assembly shall twice in every financial year hold and attend a meeting under this section (in this section referred to as a People’s Question Time) which shall be open to all members of the public.

(2) The purpose of a People’s Question Time is to afford an opportunity to members of the public to put questions to the Mayor and Assembly members and to enable the Mayor and Assembly members to respond.

(3) The form of, and procedure for, a People’s Question Time shall be such as the Mayor may determine after consultation with the Assembly.

(4) The power to determine the form of, and procedure for, a People’s Question Time includes power to appoint a person to preside.

(5) Any person may be appointed to preside at a People’s Question Time, whether or not he has any connection with the Authority.

(6) A member of the public who attends or speaks at a People’s Question Time shall do so subject to and in accordance with the procedure for the People’s Question Time.

(7) A People’s Question Time shall be held on a date to be determined by the Mayor, after consultation with the Assembly, but which is not less than—

(a) one month before, or

(b) one month after,

a State of London debate held pursuant to section 47(1) above.

(8) At least one month prior to the date on which each People’s Question Time is to be held, the Mayor—

(a) shall determine the place at which the meeting is to be held; and

(b) shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.

Deputy Mayor E+W+S

49 The Deputy Mayor. E+W+S

(1) There shall be a Deputy Mayor of London (the Deputy Mayor).

(2) The Deputy Mayor shall have such functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.

(3) The Deputy Mayor shall be appointed by the Mayor from among the Assembly members.

(4) A person must not hold the offices of Deputy Mayor and Chair of the Assembly at the same time.

(5) If the Mayor appoints as Deputy Mayor the person who is the Chair of the Assembly, a vacancy shall arise in the office of Chair of the Assembly.

(6) Subsections (4) and (5) above apply in relation to the Deputy Chair of the Assembly as they apply in relation to the Chair of the Assembly.

(7) A person appointed Deputy Mayor shall not act in that office unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.

(8) A person shall cease to be the Deputy Mayor if—

(a) he ceases to be an Assembly member;

(b) he at any time gives notice of resignation as the Deputy Mayor to the proper officer of the Authority; or

(c) the Mayor at any time gives him notice terminating his appointment as Deputy Mayor.

(9) A person who ceases to be Deputy Mayor shall be eligible for reappointment.

Chair and Deputy Chair of the Assembly E+W+S

50 Functions. E+W+S

(1) There shall be—

(a) an office of Chair of the London Assembly (the Chair of the Assembly); and

(b) an office of Deputy Chair of the London Assembly (the Deputy Chair of the Assembly).

(2) The Chair of the Assembly shall have—

(a) the function of chairing meetings of the Assembly; and

(b) such other functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.

(3) Subsection (2)(a) above is subject to any provision made by or under this Act or any other enactment, whenever passed or made, or by the standing orders of the Authority.

(4) The Deputy Chair of the Assembly shall have—

(a) the function of chairing meetings of the Assembly when authorised or required to do so by or under this Act or any other enactment, whenever passed or made, or in accordance with the standing orders of the Authority; and

(b) such other functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.

51 Appointment. E+W+S

(1) The Chair of the Assembly and the Deputy Chair of the Assembly shall each be elected at a meeting of the Assembly.

(2) The Chair of the Assembly and the Deputy Chair of the Assembly must be elected from among the members of the Assembly.

(3) A person must not hold the offices of Chair of the Assembly and Deputy Chair of the Assembly at the same time except as provided by subsection (7) below.

(4) The Deputy Mayor is not eligible to be the Chair of the Assembly or the Deputy Chair of the Assembly.

(5) If the Deputy Chair of the Assembly is elected to fill a vacancy in the office of Chair of the Assembly, a vacancy shall occur in the office of Deputy Chair of the Assembly.

(6) If a vacancy occurs in the office of Chair of the Assembly or Deputy Chair of the Assembly, the first business at the next meeting of the Assembly shall be to fill the vacancy.

(7) If a vacancy occurs in the office of Chair of the Assembly and there is a person who is the Deputy Chair of the Assembly, that person shall (subject to the other provisions of this Act or any other enactment) also be the Chair of the Assembly until such time as the vacancy is filled in accordance with subsection (6) above.

(8) A person elected Chair of the Assembly or Deputy Chair of the Assembly shall not act in that office unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.

Meetings and procedure of the Assembly E+W+S

52 Meetings of the whole Assembly. E+W+S

(1) The Assembly may hold, in addition to any meetings required to be held by or under this section or any other enactment, such other meetings as it may determine.

(2) Before the expiration of the period of ten days following the day of the poll at an ordinary election, there shall be a meeting of the Assembly to elect—

(a) the Chair of the Assembly; and

(b) the Deputy Chair of the Assembly.

(3) On such ten occasions in each calendar year as the Assembly may determine, there shall be a meeting of the Assembly—

(a) to consider the written report submitted for the meeting by the Mayor under section 45 above,

(b) to enable Assembly members to put—

(i) oral or written questions to the Mayor, and

(ii) oral questions to any employees of the Authority who are required to attend such meetings and answer questions put to them by Assembly members; and

(c) to transact any other business on the agenda for the meeting.

(4) The first meeting under subsection (3) above after an ordinary election shall be held not later than 25 days after the day of the poll at the election.

[F21 (4A) There must be at least 21 clear days between a meeting under subsection (3) above and the last such meeting before it, but this does not apply to the gap between the first such meeting after an ordinary election and the last such meeting before that election.]

(5) Notice of the time and place of any meeting of the Assembly—

(a) shall be given to the Mayor and the Assembly members, and

(b) shall be published,

in accordance with the standing orders of the Authority.

(6) In the case of a meeting of the Assembly under subsection (3) above, the notice required by subsection (5) above must be given and published—

(a) if the meeting is the first such meeting after an ordinary election, as soon as reasonably practicable after the day of the poll at that election; or

(b) in any other case, at least [F22 14] clear days before the meeting.

F23 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) An extraordinary meeting of the Assembly may be called at any time by the Chair of the Assembly.

(9) If—

(a) the Chair of the Assembly refuses to call an extraordinary meeting of the Assembly after a requisition for that purpose, signed by five Assembly members, has been presented to him, or

(b) if, without so refusing, the Chair of the Assembly does not call an extraordinary meeting within seven days after such a requisition has been presented to him,

any five Assembly members may forthwith call an extraordinary meeting of the Assembly.

(10) Section 54 below shall not apply in relation to any function of the Assembly under this section.

Textual Amendments

F21 S. 52(4A) inserted (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 69(2); S.I. 2003/2938, art. 2(a) (with art. 8, Sch.)

F22 Word in s. 52(6)(b) substituted (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 69(3); S.I. 2003/2938, art. 2(a) (with art. 8, Sch.)

F23 S. 52(7) repealed (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 69(4), Sch. 8 Pt. 1; S.I. 2003/2938, art. 2(a)(h)(iv) (with art. 8, Sch.)

53 Assembly procedure. E+W+S

(1) All questions coming before, or to be decided by, the Assembly shall be decided by a majority of the members of the Assembly present and voting at a meeting of the Assembly.

(2) In the case of an equality of votes, the person chairing the meeting of the Assembly shall have a second or casting vote.

(3) Subsections (1) and (2) above are subject to any provision to the contrary contained in this or any other enactment.

(4) The Assembly may determine its own procedure and that of its committees and sub-committees (including quorum).

(5) Subsection (4) above is subject to—

(a) subsections (1) and (2) above;

(b) sections 50 to 52 above;

(c) section 56 below;

(d) Schedules 6 and 7 to this Act; and

(e) any other provision made by or under this Act or any other Act (whenever passed) which regulates, or provides for the regulation of, the procedure of the Assembly or committees of the Assembly.

54 Discharge of functions by committees or single members. E+W+S

(1) The Assembly may arrange for any of the functions exercisable by it to be discharged on its behalf—

(a) by a committee or sub-committee of the Assembly; or

(b) by a single member of the Assembly.

(2) The Assembly may arrange for a member of staff of the Authority appointed under section 67(2) below to exercise on the Assembly’s behalf any function exercisable by the Assembly under section 67(2) or 70(2) below.

(3) Where by virtue of this section any functions exercisable by the Assembly may be discharged by a committee of the Assembly, then, unless the Assembly otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or by a single member of the Assembly.

(4) Where by virtue of this section any functions exercisable by the Assembly may be discharged by a sub-committee of the Assembly, then, unless the Assembly or the committee concerned otherwise directs, the sub-committee may arrange for the discharge of any of those functions by a single member of the Assembly.

(5) Any arrangements made under this section by the Assembly, or by a committee or sub-committee of the Assembly, for the discharge of any functions by—

(a) a committee or sub-committee of the Assembly,

(b) a member of the Assembly, or

(c) a member of staff of the Authority,

shall not prevent the Assembly, or the committee or sub-committee by whom the arrangements are made, from exercising those functions.

(6) Subsection (1)(b) above does not apply in relation to functions under or by virtue of section 20A of the M31 Police Act 1996 (questions by Assembly members to representatives of the Metropolitan Police Authority).

(7) Subsections (1) to (3) of section 53 above shall apply in relation to a meeting of a committee or sub-committee of the Assembly as they apply in relation to a meeting of the Assembly.

(8) Subsections (1) to (5) above are subject to any express provision contained in this Act or any Act passed after this Act.

Modifications etc. (not altering text)

C8 S. 54 excluded (prosp.) by 1999 c. 29, ss. 73(12), 425(2) (with Sch. 12 para. 9(1))

S. 54 excluded (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1988 c. 41, s. 115A(10) (as inserted (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1999 c. 29, s. 131(9) (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4

S. 54 excluded (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1998 c. 18, s. 11A(12) (as inserted (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1999 c. 29, s. 133(2), Sch. 8 para. 4 (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4

Marginal Citations

M31 1996 c. 16.

55 Assembly committees and sub-committees. E+W+S

(1) For the purpose of discharging, in pursuance of arrangements under section 54(1)(a) above, any functions exercisable by the Assembly—

(a) the Assembly may appoint a committee of the Assembly (an ordinary committee); and

(b) an ordinary committee may appoint one or more sub-committees (ordinary sub-committees).

(2) Subject to the provisions of this section—

(a) the number of members, and

(b) their term of office,

shall be fixed in the case of an ordinary committee by the Assembly or, in the case of an ordinary sub-committee, by the appointing committee.

(3) An ordinary committee or sub-committee must not include any person who is not an Assembly member.

(4) The Assembly may appoint one or more committees (advisory committees) to advise it on any matter relating to the discharge of its functions.

(5) An advisory committee—

(a) may consist of such persons (whether Assembly members or not) appointed for such term as may be determined by the Assembly; and

(b) may appoint one or more sub-committees (advisory sub-committees) to advise the committee with respect to any matter on which the committee has been appointed to advise.

56 Minutes. E+W+S

(1) Minutes of the proceedings of a meeting of the Assembly, or of any committee or sub-committee of the Assembly, shall be kept in such form as the Assembly may determine.

(2) Any such minutes shall be signed at the same or next suitable meeting of the Assembly, committee or sub-committee by the person presiding at that meeting.

(3) Any minute purporting to be signed as mentioned in subsection (2) above shall be received in evidence without further proof.

(4) For the purposes of subsection (2) above, the next suitable meeting of the Assembly, or of a committee or sub-committee of the Assembly, is their next following meeting or, where standing orders of the Authority provide for another meeting to be regarded as suitable, either the next following meeting or that other meeting.

(5) In the application of this section in the case of a meeting of the Assembly under section 52(3) above, minutes includes—

(a) the text of any question put pursuant to section 52(3) above at the meeting, and

(b) the text of the answer given to any such question,

whether the question was put, or the answer given, orally or in writing.

57 Political composition of Assembly committees. E+W+S

(1) Sections 15 to 17 of, and Schedule 1 to, the M32 Local Government and Housing Act 1989 (political balance on committees etc) shall have effect in relation to the Assembly, so far as relating to the appointment of members of its committees, as if the Assembly were a relevant authority and its ordinary committees and advisory committees were ordinary or, as the case may be, advisory committees within the meaning of those provisions (and accordingly bodies to which section 15 of that Act applies).

(2) In the case of any committee of the Assembly, the first appointment of members of the committee shall be an occasion on which the duty imposed by subsection (1) of section 15 of that Act arises in relation to the committee.

Marginal Citations

M32 1989 c. 42.

58 Openness. E+W+S

(1) Part VA of the M33 Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees) shall have effect as if—

(a) the Assembly were a principal council, and

(b) any committee or sub-committee of the Assembly were a committee or sub-committee of a principal council, within the meaning of that Part,

but with the following modifications.

(2) In the application of Part VA of that Act by subsection (1) above—

(a) any information furnished to the Authority and available to the Assembly shall be treated as information furnished to the Assembly;

(b) any offices of, or belonging to, the Authority shall be treated as also being offices of or belonging to the Assembly; and

(c) the proper officer of the Authority shall be taken to be the proper officer in relation to the Assembly.

(3) In the following provisions of that Act, namely—

(a) section 100A(2) (which requires the exclusion of the public from meetings and makes other provision to prevent disclosure of confidential information in breach of the obligation of confidence), and

(b) section 100D(4) (which prevents the inclusion in a list of documents of any document which would so disclose such information),

any reference to the disclosure (or likelihood of disclosure) of confidential information in breach of the obligation of confidence includes a reference to the disclosure of information of any of the descriptions specified in subsection (4) below without the consent of the relevant body concerned.

(4) The descriptions are—

(a) any information relating to the financial or business affairs of any particular person which was acquired in consequence of a relationship between that person and a relevant body;

(b) the amount of any expenditure proposed to be incurred by a relevant body under any particular contract, if and so long as disclosure would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the relevant body, whether the advantage would arise against the relevant body or another such person;

(c) any terms proposed or to be proposed by or to a relevant body in the course of negotiations for any particular contract, if and so long as disclosure would prejudice the relevant body in those or any other negotiations concerning the subject matter of the contract;

(d) the identity of any person as the person offering any particular tender for a contract for the supply of goods or services to a relevant body;

and in this subsection relevant body means Transport for London or the London Development Agency.

(5) In section 100C of that Act (inspection of minutes and other documents after meetings) any reference to the minutes of a meeting shall, in the case of a meeting of the Assembly under section 52(3) above, be taken to include a reference to—

(a) the text of any question put pursuant to section 52(3) above at the meeting, and

(b) the text of the answer given to any such question,

whether the question was put, or the answer given, orally or in writing.

(6) Nothing in section 100D of that Act (inspection of background papers) requires or authorises the inclusion in any such list as is referred to in subsection (1) of that section of any document which discloses anything which, by virtue of subsection (6) of section 45 above, is not required to be disclosed under subsection (3) or (4) of that section.

(7) In section 100E of that Act (application to committees and sub-committees) subsection (3)(a) shall have effect as if section 55 above were included among the enactments specified in section 101(9) of that Act.

(8) For the purposes of section 100F of that Act (additional rights of access to documents for members of principal councils) any document which is in the possession or under the control of the Authority and which is available to the Assembly shall be treated as a document which is in the possession or under the control of the Assembly.

(9) In the case of the Assembly, the register of members required to be maintained under section 100G(1) of that Act shall, instead of stating the ward or division which a member represents, state—

(a) whether the member is a London member or a constituency member; and

(b) if he is a constituency member, the Assembly constituency for which he is the member.

(10) For the purposes of section 100H(3) of that Act (acts which infringe copyright) the Authority shall be treated as a principal council.

(11) In the application in relation to the Assembly of Schedule 12A to that Act (access to information: exempt information) any reference to the authority includes a reference to the Authority.

Marginal Citations

M33 1972 c. 70.

General functions of the Assembly E+W+S

59 Review and investigation. E+W+S

(1) The Assembly shall keep under review the exercise by the Mayor of the statutory functions exercisable by him.

(2) For the purposes of subsection (1) above, the powers of the Assembly include in particular power to investigate, and prepare reports about,—

(a) any actions and decisions of the Mayor,

(b) any actions and decisions of any member of staff of the Authority,

(c) matters relating to the principal purposes of the Authority,

(d) matters in relation to which statutory functions are exercisable by the Mayor, or

(e) any other matters which the Assembly considers to be of importance to Greater London.

60 Proposals to the Mayor. E+W+S

(1) Where the Assembly decides to do so, the Assembly may submit a proposal to the Mayor.

(2) Section 54 above shall not apply in relation to the function of the Assembly under subsection (1) above.

Attendance of witnesses and production of documents E+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 to 3 of the M34 Local 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 three 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 three 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 three 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 three 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 three 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 three 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 three 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) 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, except as provided by subsection (12) below, by that functional body.

(12) Subsection (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—

(a) the Metropolitan Police Authority, or

(b) the London Fire and Emergency Planning Authority,

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

(13) Advice 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 M35 Local 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.

Marginal Citations

M34 1989 c. 42.

M35 1972 c. 70.

62 Procedure for requiring attendance. E+W+S

(1) The powers of the Assembly under section 61(1) above may be exercised by and for the purposes of an ordinary committee of the Assembly, if the committee is expressly authorised to exercise those powers by the standing orders or by the Assembly, but may not be exercised by any individual Assembly member or by any member of staff of the Authority.

(2) Except in the case of a committee which is authorised by standing orders to exercise the powers of the Assembly under section 61(1) above, section 54 above shall not apply in relation to—

(a) the Assembly’s function of deciding to exercise its powers under section 61(1) above; or

(b) the Assembly’s function under subsection (1) above of authorising a committee to exercise those powers.

(3) In order to impose a requirement on a person under section 61(1) above the head of the Authority’s paid service must give him notice specifying—

(a) the time and place at which he is to attend and the matters about which he is to be required to give evidence, or

(b) the documents, or types of documents, which he is to produce, the date by which he is to produce them and the matters to which the document or documents relate.

(4) Where a requirement under section 61(1) above is imposed on a person to attend proceedings or produce documents on behalf of a body, the notice required to be given to him under subsection (3) above must also specify that body.

(5) A notice required by subsection (3) above to be given to a person must be given at least two weeks before the day on which the proceedings are to take place, or by which the documents are to be produced, unless he waives this right.

(6) A notice required by subsection (3) above to be given to a person shall be taken to have been given to him if it is sent by registered post or the recorded delivery service and—

(a) if he is a member of staff of the Authority or the chairman of, a member of, or a member of staff of a functional body, it is sent to his normal place of work,

(b) if he is a person required to attend proceedings or produce documents on behalf of a body, it is sent to the registered or principal office of the body,

(c) if he is any other individual, it is sent to his usual or last known address, or

(d) in the case of any person, where that person has given an address for service of the notice, it is sent to that address.

63 Restriction of information. E+W+S

The Secretary of State may by order—

(a) prescribe categories of information which a person who is required under subsection (1)(a) of section 61 above to attend proceedings of the Assembly may refuse to give, or

(b) prescribe categories of documents which a person who is required under subsection (1)(b) of that section to produce documents may refuse to produce.

Commencement Information

I8 S.63 partly in force: s.63 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2)

64 Failure to attend proceedings etc. E+W+S

(1) A person to whom a notice under section 62(3) above has been given is guilty of an offence if he—

(a) refuses or fails, without reasonable excuse, to attend proceedings as required by the notice,

(b) refuses to answer any question which is properly put to him when attending any proceedings as required by the notice,

(c) refuses or fails, without reasonable excuse, to produce any document required by the notice to be produced by him, or

(d) intentionally alters, suppresses, conceals or destroys any document required by the notice to be produced by him.

(2) A person guilty of an offence under subsection (1) above is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding three months.

(3) A person is not obliged by section 61 above to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.

65 Proceedings under section 61(1): openness. E+W+S

(1) In its application by virtue of section 58 above, Part VA of the M36 Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), so far as relating to any proceedings under section 61(1) above (the evidentiary proceedings), shall have effect with the following additional modifications.

(2) In section 100B (access to agenda and connected reports) any reference to a report for a meeting includes a reference to any document (other than the agenda) supplied before, and for the purposes of, the evidentiary proceedings (a relevant document).

(3) If a report or relevant document is supplied less than three clear days before the evidentiary proceedings, copies of the report or document shall be open to inspection by the public under subsection (1) of that section from the time such copies are available to Assembly members, notwithstanding anything in subsection (3) of section 100B.

(4) In section 100C (inspection of minutes and other documents after meetings)—

(a) any reference to the minutes of a meeting shall be taken to include a reference to a transcript or other record of evidence given in the course of the evidentiary proceedings; and

(b) any reference to a report for the meeting includes a reference to a relevant document.

(5) In section 100D (inspection of background papers) any reference in subsections (1) to (4) to background papers for a report (or part of a report) shall be taken as a reference to any additional documents supplied by a witness.

(6) In this section, additional documents supplied by a witness means documents supplied, whether before, during or after the evidentiary proceedings,—

(a) by a person attending to give evidence at the proceedings, and

(b) for the use of Assembly members in connection with the proceedings,

but does not include any document which is a relevant document.

(7) In section 100F (additional rights of access for members) subsections (2) to (4) shall not have effect in relation to documents which contain material relating to any business to be transacted at the evidentiary proceedings.

(8) In section 100H (supplemental provisions and offences) in subsection (6), in the definition of accessible documents—

(a) the reference in paragraph (d) to a report for the meeting includes a reference to a relevant document; and

(b) the reference in paragraph (e) to background papers for a report for a meeting shall be taken as a reference to any additional documents supplied by a witness.

Marginal Citations

M36 1972 c. 70.

Ethical standards E+W+S

66 The Secretary of State’s guidance on ethical standards. E+W+S

(1) The Secretary of State may issue guidance to the Authority with respect to ethical standards for—

(a) the Mayor;

(b) the Assembly members;

(c) members of the Authority’s staff; and

(d) persons not falling within paragraphs (a) to (c) above who are members of advisory committees or sub-committees of the Assembly.

(2) The matters which may be dealt with in any such guidance include—

(a) disclosure and registration of interests;

(b) the exercise of functions by or on behalf of the Mayor, the Deputy Mayor, any member of the Assembly, any member of the Authority’s staff or any committee or sub-committee in cases where the Mayor, Deputy Mayor, member of the Assembly or member of staff, or a member of the committee or sub-committee, has an interest in the matter in question;

(c) voting in cases where an Assembly member, or any other person who is a member of an advisory committee or sub-committee, has an interest in the matter in question;

(d) the establishment and functions of one or more committees concerned with ethical standards;

(e) the prescription of model codes of conduct.

(3) In exercising any functions conferred or imposed on him, or made exercisable by him, the Mayor and every Assembly member shall have regard to any guidance issued under this section.

Staff E+W+S

67 Appointment. E+W+S

(1) The Mayor may appoint—

(a) not more than two persons as his political advisers; and

(b) not more than ten other members of staff.

(2) The Assembly, after consultation with the Mayor and taking into account, in particular,—

(a) the manner in which, and the extent to which, the Mayor has exercised, or proposes to exercise, the powers conferred by subsection (1) above, and

(b) any views of the Mayor as to the exercise of the Assembly’s powers under this subsection,

may appoint such staff as it considers necessary for the proper discharge of such functions of the Authority as are respectively exercisable by the Mayor, the Assembly, and the Mayor and Assembly acting jointly.

(3) Any appointment under subsection (1) or (2) above is an appointment as an employee of the Authority.

(4) No appointment under subsection (1) above shall be such as to extend beyond the term of office for which the Mayor was elected.

(5) Where the Mayor makes an appointment under subsection (1) above, he shall report to the Assembly in writing—

(a) the name of the person appointed,

(b) the post to which the person has been appointed, and

(c) the terms and conditions on which the person has been appointed.

(6) Section 7 of the M37 Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any appointment under subsection (1)(b) or (2) above as if the Authority were a local authority.

(7) 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.

(8) 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—

(a) the Authority were a relevant authority; and

(b) any appointment to either of the posts in question were the appointment of a person in pursuance of that section.

Marginal Citations

M37 1989 c. 42.

68 Disqualification and political restriction. E+W+S

(1) The following provisions of the M38 Local Government and Housing Act 1989, namely—

(a) section 1 (disqualification and political restriction of certain officers and staff), and

(b) 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.

(2) The bodies are—

(a) the Authority;

(b) Transport for London;

(c) the London Development Agency.

(3) 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.

(4) 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.

(5) 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.

(6) 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,—

(a) of Transport for London, and

(b) 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.

(7) 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 M39 Regional Development Agencies Act 1998.

Marginal Citations

M38 1989 c. 42.

M39 1998 c. 45.

69 Disqualification for membership of London borough councils. E+W+S

In section 80 of the M40 Local Government Act 1972 (disqualification for election and holding office as member of a local authority) after subsection (2) there shall be inserted—

“(2AA) 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—

(a) one or more persons appointed on the nomination of the Authority acting by the Mayor, and

(b) 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.”

Marginal Citations

M40 1972 c. 70.

70 Terms and conditions of employment. E+W+S

(1) 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.

(2) A person appointed under section 67(2) above shall be employed on such terms and conditions (including conditions as to remuneration) as the Assembly, after consultation with the Mayor, thinks fit.

(3) 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.

(4) It shall be a condition of the employment of—

(a) any person appointed under section 67(1)(b) above, and

(b) 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.

(5) Those requirements are that the person—

(a) attends every meeting of the Assembly held pursuant to section 52(3) above which he is requested by the Assembly to attend; and

(b) answers any questions put to him by Assembly members at any such meeting.

(6) The requirement of subsection (5)(b) above is that the person shall—

(a) so far as reasonably practicable, answer any such question orally at the meeting at which it is put; or

(b) 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.

(7) 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 M41 Local Government and Housing Act 1989 (politically restricted posts) as those sections have effect for the purposes of section 1 of that Act by virtue of section 68(1) above.

(8) In this section working day has the same meaning as in section 45 above.

Modifications etc. (not altering text)

C9 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)

C10 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, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

M41 1989 c. 42.

71 Disclosure by employees of interests in contracts. E+W+S

Section 117 of the M42 Local Government Act 1972 (disclosure by officers of interests in contracts) shall apply in relation to employees of the Authority as if the Authority were a local authority and its employees were officers employed by that local authority.

Modifications etc. (not altering text)

C11 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)

C12 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, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

M42 1972 c. 70.

72 Head of paid service. E+W+S

(1) Section 4 of the M43 Local Government and Housing Act 1989 (designation and reports of head of paid service) shall apply in relation to the Authority as if—

(a) the Authority were a relevant authority for the purposes of that section; and

(b) the Mayor and Assembly members were the members of that authority.

(2) The person who, by virtue of subsection (1) above, is designated under section 4(1)(a) of the M44 Local Government and Housing Act 1989 as the head of the Authority’s paid service must be a member of staff appointed under section 67(2) above.

(3) In the application of section 4 of the M45 Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1) above, the following provisions shall have effect.

(4) The duty imposed by subsection (1)(a) (appointment of head of paid service) shall be discharged by the Assembly after consultation with the Mayor.

(5) The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the head of paid service)—

(a) so far as relating to the provision of staff, shall be discharged by the Assembly; and

(b) so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.

(6) Any report prepared under subsection (2) (report by head of paid service) shall be a report to the Mayor and the Assembly.

(7) 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.

(8) It shall be the duty of the Mayor personally to consider any report to the Mayor and Assembly under subsection (2).

(9) 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—

(a) the Mayor has submitted to the Chair of the Assembly a written statement of his views on the report; or

(b) 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 M46 Local Government Act 1972 (delegation) shall be taken as a reference to section 54 above.

(10) 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.

Modifications etc. (not altering text)

C13 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, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

M43 1989 c. 42.

M44 1989 c. 42.

M45 1989 c. 42.

M46 1972 c. 70.

73 Monitoring officer. E+W+S

(1) Section 5 of the M47 Local Government and Housing Act 1989 (designation and reports of monitoring officer) shall apply in relation to the Authority as if—

(a) the Authority were a relevant authority for the purposes of that section; and

(b) the Mayor and Assembly members were the members of that authority.

(2) The person who, by virtue of subsection (1) above, is designated under section 5(1)(a) of the M48 Local Government and Housing Act 1989 as the Authority’s monitoring officer must be a member of staff appointed under section 67(2) above.

(3) In the application of section 5 of the M49 Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1) above, the following provisions shall have effect.

(4) The duty imposed by subsection (1)(a) (appointment of monitoring officer) shall be discharged by the Assembly after consultation with the Mayor.

(5) The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the monitoring officer)—

(a) so far as relating to the provision of staff, shall be discharged by the Assembly; and

(b) so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.

(6) For subsection (2) there shall be substituted—

“(2) 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) 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

(b) any such maladministration or injustice as is mentioned in Part III of the M50 Local Government Act 1974 (Local Commissioners),

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—

(a) the Greater London Authority;

(b) Transport for London, when exercising any function of the Greater London Authority by virtue of section 38 of the Greater London Authority Act 1999;

(c) the London Development Agency, when exercising any function of the Greater London Authority by virtue of section 38 [F24 or 380]of the Greater London Authority Act 1999;

(d) the Mayor of London;

(e) the London Assembly;

(f) any committee or sub-committee of the London Assembly;

(g) 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 [F25 (or in the case of the London Development Agency section 380)]of the Greater London Authority Act 1999;

(h) 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);

(j) the Deputy Mayor of London;

(k) any member of the London Assembly;

(l) any member of staff of the Greater London Authority;

(m) 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 [F26 (or, in the case of a member or member of staff of the London Development Agency, section 380)]of the Greater London Authority Act 1999;

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.”

(7) 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)—

(a) 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 [F27 or section 380 below], by a GLA body or person), shall be discharged by the Mayor;

(b) 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

(c) 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—

(i) by the Mayor, as if the case fell within paragraph (a) above, and

(ii) by the Assembly, as if the case fell within paragraph (b) above.

(8) Accordingly—

(a) in its application in relation to the Mayor by virtue of subsection (7)(a) or (c)(i) above, paragraph (a) of subsection (5) shall have effect with the substitution for the words “ at a meeting held not more than ” of within; and

(b) 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.

(9) In paragraph (b) of subsection (5), the reference to section 115 of the M51 Local Government and Housing Act 1989 (duties in respect of conduct involving contraventions of financial obligations) shall include a reference to section 115A of that Act (which is inserted by section 131(9) below and makes provision in relation to the Mayor and the Assembly).

(10) 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—

(a) by the Assembly to the Mayor; or

(b) by the Mayor to the Chair of the Assembly.

(11) Standing orders of the Authority shall make provision for or in connection with—

(a) the period within which any statement by virtue of subsection (10) above must be submitted;

(b) the consideration of any such statement by the Mayor or, as the case may be, the Assembly;

(c) 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.

(12) Neither section 38 above [F28 , section 54 above nor section 380 below] shall apply in relation to the duty imposed on the Mayor or the Assembly by virtue of subsection (7) above to consider a report.

Textual Amendments

F24 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)

F25 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)

F26 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)

F27 Words in s. 73(7)(a) inserted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 5(1)(3)

F28 Words in s. 73(12) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 5(1)(4)

Modifications etc. (not altering text)

C14 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)

C15 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, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

M47 1989 c. 42.

M48 1989 c. 42.

M49 1989 c. 42.

M50 1974 c. 7.

M51 1989 c. 42.

General local authority provisions E+W+S

74 Investigation by Commission for Local Administration. E+W+S

(1) Part III of the M52 Local Government Act 1974 (local government administration) shall be amended as follows.

(2) In section 25(1) (authorities to which the Part applies) after paragraph (a) there shall be inserted—

“(aaa) the Greater London Authority;”.

(3) In section 25, after subsection (4) (which extends references to certain authorities to include their members, committees, etc) there shall be inserted—

“(4A) Any reference to an authority to which this Part of this Act applies also includes, in the case of the Greater London Authority, a reference to each of the following—

(a) the London Assembly;

(b) any committee of the London Assembly;

(c) any body or person exercising functions on behalf of the Greater London Authority.”

(4) In section 30 (reports on investigations) after subsection (2) there shall be inserted—

“(2AA) If the authority concerned is the Greater London Authority—

(a) the duty imposed by subsection (1)(c) above shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly; and

(b) in a case falling within subsection (2) above, the duty imposed by that subsection shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly.”

(5) After subsection (3) of that section (which restricts the naming or identification of persons) there shall be inserted—

“(3AA) Nothing in subsection (3) above prevents a report—

(a) mentioning the name of, or

(b) containing particulars likely to identify,

the Mayor of London or any member of the London Assembly.”

(6) After subsection (7) of that section there shall be added—

“(8) Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority (other than functions exercisable by or in relation to the proper officer of the Authority) shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to the proper officer or a member of the authority concerned) shall be construed accordingly.”

(7) In section 31 (reports on investigations: further provisions) after subsection (3) there shall be added—

“(4) Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.”

(8) In section 31A (consideration of adverse reports) in subsection (6) (which provides that section 25(4) and (5) do not apply) after 25(4) there shall be inserted “ , (4A) ”.

(9) After subsection (6) of that section there shall be inserted—

“(7) Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.”

(10) In section 34(1) (interpretation of Part III) in the definition of member, after the word member, there shall be inserted—

“(a) in relation to the Greater London Authority, means—

(i) the Mayor of London,

(ii) the Deputy Mayor, or

(iii) a member of the London Assembly;

(b)”;

and before the words in relation to a National Park Authority there shall be inserted “ (c) ”.

Modifications etc. (not altering text)

C16 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)

C17 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, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

M52 1974 c. 7.

75 Provisions of 1972 Act relating to documents, notices etc. E+W+S

(1) For the purposes of the provisions of the M53 Local Government Act 1972 specified in subsection (2) below, the Authority shall be treated as if it were a local authority which is a principal council and the Mayor shall be treated as if he were the chairman of such an authority.

(2) The provisions are—

(a) section 224 (arrangements by principal councils for custody of documents);

(b) section 225 (deposit of documents with proper officer of authority etc);

(c) section 228 (inspection of documents);

(d) section 229 (photographic copies of documents);

(e) section 230 (reports and returns);

(f) section 231 (service of notices on local authorities etc);

(g) section 232 (public notices);

(h) section 233 (service of notices by local authorities);

(i) section 234 (authentication of documents).

(3) In the application of any enactment in relation to the Authority by virtue of subsection (1) above, any reference to the proper officer shall be taken as a reference to the proper officer of the Authority, within the meaning of this Act.

Modifications etc. (not altering text)

C18 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)

C19 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, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

M53 1972 c. 70.

76 Byelaws. E+W+S

(1) Section 236 of the M54 Local Government Act 1972 (procedure for byelaws) shall be amended as follows.

(2) In subsection (1) after “and to byelaws made by a local authority,” there shall be inserted “ the Greater London Authority ”.

(3) After subsection (10A) there shall be inserted—

“(10B) The Greater London Authority shall send a copy of every byelaw made by the Authority, and confirmed, to each London borough council and the Common Council.”

Marginal Citations

M54 1972 c. 70.

Bills in Parliament E+W+S

77 Power of Authority to promote or oppose Bills in Parliament. E+W+S

(1) The Authority may—

(a) promote a local Bill in Parliament for any purpose which is for the public benefit of the inhabitants of, or of any part of, Greater London; or

(b) oppose any local Bill in Parliament which affects any such inhabitants.

(2) Section 70 of the M55 Local Government Act 1972 (prohibition on promoting Bills for changing local government areas etc) shall have effect in relation to the Authority as it has effect in relation to a local authority.

(3) The functions conferred on the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(4) The functions conferred on the Authority by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 5 to this Act.

(5) Before exercising the functions conferred on the Authority by subsection (1)(b) above, the Mayor shall consult the Assembly.

(6) No payment shall be made by the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) to the Mayor or an Assembly member for acting as counsel or agent in promoting or opposing a Bill under this section.

(7) A London borough council or the Common Council may contribute towards the expenses of the Authority in promoting a local Bill in Parliament.

Marginal Citations

M55 1972 c. 70.

78 Power to request provisions in Bills promoted by London local authorities. E+W+S

(1) A local Bill promoted in Parliament by a London local authority may include provisions requested by the Authority.

(2) Subsection (1) above applies only if the Authority confirms the request in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.

(3) If the Authority does not confirm the request as required by subsection (2) above, it shall give notice of that fact to the London local authority promoting the Bill.

(4) Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested also by other London local authorities under section 87 of the M56 Local Government Act 1985, of those provisions so far as relating to the Authority.

(5) The functions conferred or imposed on the Authority by subsections (1) to (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(6) Before exercising the functions conferred on the Authority by subsection (1) or (2) above, the Mayor shall consult the Assembly.

(7) If, in accordance with this section, the Authority requests the inclusion of provisions in a Bill promoted by a London local authority, the Authority may contribute towards the expenses of the London local authority in connection with the Bill.

(8) In consequence of the other provisions of this section, in section 87(3) of the M57 Local Government Act 1985 (consequences of non-confirmation of requests by London local authorities for inclusion of provisions in Bills promoted by others) after other councils there shall be inserted “ , or by the Greater London Authority under section 78 of the Greater London Authority Act 1999, ”.

(9) In this section London local authority means—

(a) a London borough council; or

(b) the Common Council.

Marginal Citations

M56 1985 c. 51.

M57 1985 c. 51.

79 Authority’s consent to inclusion of certain provisions in local Bills. E+W+S

(1) A local Bill promoted in Parliament by a London local authority may include provisions which affect the exercise of statutory functions by the Authority or any of the functional bodies.

(2) Subsection (1) above applies only if the Authority—

(a) gives its written consent; and

(b) confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.

(3) If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to the London local authority promoting the Bill.

(4) Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested by other London local authorities under section 87 of the M58 Local Government Act 1985, of those provisions so far as relating to the Authority or the functional body concerned.

(5) The functions conferred or imposed on the Authority by subsections (2) and (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(6) Before exercising the functions conferred on the Authority by subsection (2)(a) or (b) above, the Mayor shall consult the Assembly.

(7) Nothing in this section applies in relation to provisions requested under section 78 above.

(8) In this section London local authority means—

(a) a London borough council; or

(b) the Common Council.

Marginal Citations

M58 1985 c. 51.

Contracts E+W+S

80 Public supply or works contracts. E+W+S

In Schedule 2 to the M59 Local Government Act 1988 (which specifies the public authorities to which section 17 of that Act applies) after the entry A local authority there shall be inserted—

“The Greater London Authority.”

Marginal Citations

M59 1988 c. 9.

Part III U.K. Financial Provisions

Chapter I E+W+S Council Tax

Different categories of dwellings E+W

81 Amounts for different categories of dwellings. E+W

In section 30 of the M60 Local Government Finance Act 1992 (amounts for different categories of dwellings) there shall be added at the end—

“(10) Where the major precepting authority in question is the Greater London Authority, subsections (2)(b) and (4) above shall have effect as if the references to sections 43 to 47 below were references to the appropriate Greater London provisions.

(11) In this section, the appropriate Greater London provisions means—

(a) sections 85 to 90 of the Greater London Authority Act 1999 and section 47 below; or

(b) in the case of calculations by way of substitute, sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and section 47 below.”

Commencement Information

I9 S. 81 wholly in force at 12.1.2000; s. 81 not in force at Royal Assent see s. 425(2); s. 81 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

M60 1992 c. 14.

Precepts E+W+S

82 Authority to be a major precepting authority. E+W+S

(1) Section 39 of the M61 Local Government Finance Act 1992 (precepting and precepted authorities) shall be amended as follows.

(2) In subsection (1) (major precepting authorities) after paragraph (a) there shall be inserted—

“(aa) the Greater London Authority;”.

(3) Paragraphs (e) and (f) of that subsection (which relate to the London Fire and Civil Defence Authority and the Receiver for the Metropolitan Police District) shall cease to have effect.

Commencement Information

I10 S. 82 partly in force; s. 82 not in force at Royal Assent see s. 425(2); s. 82(1)(2) in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1); s. 82(3) in force for certain purposes at 12.1.2000 by S.I. 1999/3434, art. 2; s. 82(3) in force (1.1.2001) in so far as not already in force by S.I. 2000/3379, art. 2(a) (subject to transitional provisions in art. 3)

Marginal Citations

M61 1992 c. 14.

83 Issue of precepts. E+W

In section 40 of the M62 Local Government Finance Act 1992 (issue of precepts by major precepting authorities) there shall be added at the end—

“(9) Where the precepting authority is the Greater London Authority, this section shall have effect with the following modifications—

(a) in subsection (2)(a), for the reference to sections 43 to 47 below there shall be substituted a reference to the appropriate Greater London provisions;

(b) in subsection (3), for the reference to sections 43 to 47 below there shall be substituted a reference to the appropriate Greater London provisions;

(c) in subsection (6), for the reference to item T in section 44(1) below there shall be substituted a reference to item T in section 88(2) of the Greater London Authority Act 1999; and

(d) also in subsection (6), for the reference to item TP in section 45(3) below there shall be substituted a reference to item TP2 in section 89(4) of that Act.

(10) In this section, the appropriate Greater London provisions means—

(a) sections 85 to 90 of the Greater London Authority Act 1999 and section 47 below; or

(b) in the case of calculations by way of substitute, sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and section 47 below.”

Commencement Information

I11 S. 83 wholly in force at 12.1.2000; s. 83 not in force at Royal Assent see s. 425(2); s. 83 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

M62 1992 c. 14.

84 Substituted precepts. E+W+S

(1) Section 42 of the M63 Local Government Finance Act 1992 (substitute precepts) shall be amended as follows.

(2) In subsection (1) (duty to issue substitute precepts on making of substitute calculations under certain provisions specified in paragraph (b)) in paragraph (b), after section 51 below there shall be inserted “ or section 95 of the Greater London Authority Act 1999 ”.

Marginal Citations

M63 1992 c. 14.

Budget requirements E+W+S

85 Calculation of component and consolidated budget requirements. E+W

(1) Section 43 of the M64 Local Government Finance Act 1992 shall not apply in relation to the Authority, and the following provisions of this section and section 86 below shall have effect in relation to the Authority in place of that section.

(2) In relation to each financial year, the Authority shall make the calculations required by this section.

(3) The Authority must, in the case of each constituent body, that is to say—

(a) the Authority, and

(b) each of the functional bodies,

calculate the aggregates required by virtue of subsections (4) and (5) below.

(4) The aggregate required by virtue of this subsection in the case of a constituent body is the aggregate of—

(a) the expenditure the Authority estimates the body will incur in the year in performing its functions and will charge to a revenue account for the year, other than expenditure which the Authority estimates will be so incurred in pursuance of regulations under section 99(3) of the 1988 Act;

(b) such allowance as the Authority estimates will be appropriate for contingencies in relation to expenditure to be charged to a revenue account for the year;

(c) the financial reserves which the Authority estimates it will be appropriate for the body to raise in the year for meeting the body’s estimated future expenditure; and

(d) such of the body’s financial reserves as are sufficient to meet so much of the amount estimated by the Authority to be a revenue account deficit of the body for any earlier financial year as has not already been provided for.

(5) The aggregate required by virtue of this subsection in the case of a constituent body is the aggregate of—

(a) the sums which the Authority estimates will be payable to the body for the year and in respect of which amounts will be credited to a revenue account for the year, other than sums which the Authority estimates will be so payable—

(i) in respect of redistributed non-domestic rates, revenue support grant, additional grant, relevant special grant, police grant or general GLA grant;

(ii) in respect of any precept issued by the Authority; or

(iii) in pursuance of regulations under section 99(3) of the M65 Local Government Finance Act 1988; and

(b) the amount of the body’s financial reserves which the Authority estimates that the body will use in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (4) above.

(6) If, in the case of any constituent body, the aggregate calculated under subsection (4) above exceeds that calculated under subsection (5) above—

(a) the Authority must calculate the amount equal to the difference; and

(b) the amount so calculated shall be the body’s component budget requirement for the year.

(7) If, in the case of any constituent body, the aggregate calculated under subsection (4) above does not exceed that calculated under subsection (5) above, the body’s component budget requirement for the year shall be nil.

(8) The Authority must also calculate the aggregate of the component budget requirements of each of the constituent bodies and that aggregate shall be the Authority’s consolidated budget requirement for the year.

(9) References in this section to expenditure incurred by a body shall be construed in accordance with section 41(3) of the M66 Local Government and Housing Act 1989.

Modifications etc. (not altering text)

C20 S. 85 modified (E.) (5.2.2000) by S.I. 2000/213, art. 6

S. 85 modified (2.2.2001 with effect as mentioned in reg. 1(3) of the amending S.I.) by S.I. 2001/216, reg. 6

C21 S. 85(5)(a)(i) modified (E.) (1.2.2002) by S.I. 2002/155, reg. 6

C22 S. 85(5)(a)(i) modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 6

Commencement Information

I12 S. 85 wholly in force at 12.1.2000; s. 85 not in force at Royal Assent see s. 425(2); s. 85 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

M64 1992 c. 14.

M65 1988 c. 41.

M66 1989 c. 42.

86 Provisions supplemental to section 85. E+W+S

(1) An amount must not be brought into account under subsection (4) or (5) of section 85 above in the application of the subsection in relation to the Authority as a constituent body if the amount (or an amount which represents it) falls to be brought into account under the same subsection in its application in relation to a functional body.

(2) In estimating under subsection (4)(a) of section 85 above in the case of any constituent body other than the Metropolitan Police Authority, the Authority shall take into account the amount of any levy issued to the body for the year, but (except as provided by regulations under section 74 of the M67 Local Government Finance Act 1988) shall not anticipate a levy not issued.

F29 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of subsection (4)(c) of section 85 above a body’s estimated future expenditure is—

(a) that which the Authority estimates the body will incur in the financial year following the year in question, will charge to a revenue account for the year and will have to defray in the year before the following sums are sufficiently available, namely, sums—

(i) which will be payable to it for the year; and

(ii) in respect of which amounts will be credited to a revenue account for the year; and

(b) that which the Authority estimates the body will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year.

(5) The Secretary of State may by regulations do one or both of the following—

(a) alter the constituents of any calculation to be made under subsection (4) or (5) of section 85 above (whether by adding, deleting or amending items);

(b) alter the rules governing the making of any calculation under subsection (4) or (5) of section 85 above (whether by deleting or amending subsections (2) to (4) above, or any of them, or by adding other provisions, or by a combination of those methods).

(6) Subsection (9) of section 85 above applies for the purposes of this section as it applies for the purposes of that section.

Textual Amendments

F29 S. 86(3) repealed (1.8.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2001/2223, art. 3(j)(l)(iii)

Commencement Information

I13 S. 86 wholly in force at 12.1.2000; by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 86 in force at 12.1.2000 insofar as not already in force by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

M67 1988 c. 41.

87 Procedure for determining the budget requirements. E+W+S

Schedule 6 to this Act (which contains procedural requirements for determining the component budget requirements and the consolidated budget requirement) shall have effect.

Calculation of tax payable E+W

88 Calculation of basic amount of tax. E+W

(1) Section 44 of the M68 Local Government Finance Act 1992 shall not apply in relation to the Authority and the following provisions of this section shall have effect in relation to the Authority in place of that section.

(2) In relation to each financial year the Authority shall calculate the basic amount of its council tax by applying the formula—

where—

• R is the amount calculated (or last calculated) by the Authority under section 85(8) above as its consolidated budget requirement for the year;

• P1 is the aggregate of such amounts as may be prescribed, being amounts representing the sums which the Secretary of State estimates will be payable to the Authority for the year in respect of the following items—

  (a)

  redistributed non-domestic rates,

  (b)

  revenue support grant,

  (c)

  general GLA grant,

  (d)

  additional grant, and

  (e)

  relevant special grant,

  but in the case of each item reduced, as may be prescribed, by such amount as the Secretary of State considers represents the portion of the item which relates to defraying the special item in whole or in part;

• A is the amount of the special item;

• T is the aggregate of the amounts which are calculated by the billing authorities to which the Authority issues precepts (the billing authorities concerned) as their council tax bases for the year for their areas and are notified by them to the Authority within the prescribed period.

(3) In the definition of P1 in subsection (2) above, prescribed means specified in, or determined in accordance with, either—

(a) the appropriate report or determination, or

(b) regulations made by the Secretary of State,

as the Secretary of State may determine in the case of any particular item and any particular financial year or years.

(4) In subsection (3)(a) above, the appropriate report or determination means—

(a) in the case of an item specified in paragraph (a) or (b) of the definition of P1 in subsection (2) above, the local government finance report for the financial year in question;

(b) in the case of the item specified in paragraph (c) of that definition, the determination under section 100 below for the financial year in question;

(c) in the case of the item specified in paragraph (d) of that definition, the report under section 85 of the M69 Local Government Finance Act 1988 relating to that item; and

(d) in the case of the item specified in paragraph (e) of that definition, the report under section 88B of that Act relating to that item.

(5) The aggregate of the sums mentioned in item P1 in subsection (2) above shall be—

(a) increased by the aggregate amount of any sums which the Authority estimates will be paid to it in the year by billing authorities in accordance with regulations under section 99(3) of the M70 Local Government Finance Act 1988; and

(b) reduced by the aggregate amount of any sums which the Authority estimates will be paid by it in the year to billing authorities in accordance with such regulations.

(6) The Secretary of State shall make regulations containing rules for making for any year the calculations required by item T in subsection (2) above; and the billing authorities concerned shall make the calculations for any year in accordance with the rules for the time being effective (as regards the year) under the regulations.

(7) Regulations prescribing a period for the purposes of item T in subsection (2) above may provide that, in any case where a billing authority fails to notify its calculation to the precepting authority within that period, that item shall be determined in the prescribed manner by such authority or authorities as may be prescribed.

(8) The Secretary of State may by regulations do one or both of the following—

(a) alter the constituents of any calculation to be made under subsection (2) above (whether by adding, deleting or amending items);

(b) alter the rules governing the making of any calculation under subsection (2) above (whether by deleting or amending subsections (3) to (5) above, or any of them, or by adding other provisions, or by a combination of those methods).

(9) Any negative amount given by a calculation under subsection (2) above shall be assumed to be nil for the purposes of this Chapter and Chapter IV of Part I of the M71 Local Government Finance Act 1992.

(10) In this section special item has the same meaning as it has in section 89 below (see subsection (2) of that section).

Modifications etc. (not altering text)

C23 S. 88 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 7

C24 S. 88 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 7

Commencement Information

I14 S. 88 wholly in force at 12.1.2000; by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 88 in force at 12.1.2000 insofar as not already in force by S.I. 1999/3434, art. 2, Sch. 1 Table 1 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

M68 1992 c. 14.

M69 1988 c. 41.

M70 1988 c. 41.

M71 1992 c. 14.

89 Additional calculations: special item for part of Greater London. E+W

(1) Section 45 of the M72 Local Government Finance Act 1992 shall not apply in relation to the Authority, and the following provisions of this section shall have effect in relation to the Authority in place of that section.

(2) The following provisions of this section apply where for any financial year the item mentioned in [F30 section 90(1)] below relates to a part only of Greater London; and in this section—

(a) special item means that item; and

(b) the relevant part, in relation to such an item, means the part of Greater London concerned.

(3) The Authority shall calculate the basic amount of its council tax for dwellings in any part of its area to which the special item relates by adding to the amount given by the formula in section 88(2) above the amount which, in respect of the special item, is given by the formula in subsection (4) below.

(4) For dwellings in any part of Greater London to which the special item relates, the amount in respect of the special item is given by the formula—

where—

• S2 is the amount of the special item;

• P2 is the aggregate of such amounts as may be prescribed, being amounts representing the sums which the Secretary of State estimates will be payable to the Authority for the year in respect of the following items—

  (a)

  police grant,

  (b)

  redistributed non-domestic rates,

  (c)

  revenue support grant,

  (d)

  general GLA grant,

  (e)

  additional grant, and

  (f)

  relevant special grant,

  but in the case of each item restricted, as may be prescribed, to such amount (if any) as the Secretary of State considers represents the portion of the item which relates to defraying the special item in whole or in part;

• TP2 is the aggregate of the amounts which are calculated by the billing authorities to which the Authority has power to issue precepts as respects the special item (the billing authorities concerned) as their council tax bases for the year for their areas and are notified by them to the Authority within the prescribed period.

(5) In the definition of P2 in subsection (4) above, prescribed means specified in, or determined in accordance with, either—

(a) the appropriate report or determination, or

(b) regulations made by the Secretary of State,

as the Secretary of State may determine in the case of any particular item and any particular financial year or years.

(6) In subsection (5)(a) above, the appropriate report or determination means—

(a) in the case of the item specified in paragraph (a) of the definition of P2 in subsection (4) above, the police grant report under section 46(3) of the M73 Police Act 1996 for the financial year in question;

(b) in the case of an item specified in paragraph (b) or (c) of that definition, the local government finance report for the financial year in question;

(c) in the case of the item specified in paragraph (d) of that definition, the determination under section 100 below for the financial year in question;

(d) in the case of the item specified in paragraph (e) of that definition, the report under section 85 of the M74 Local Government Finance Act 1988 relating to that item; and

(e) in the case of the item specified in paragraph (f) of that definition, the report under section 88B of that Act relating to that item.

(7) Subsections (6) and (7) of section 88 above, and any regulations made under or by virtue of either of those subsections, shall have effect in relation to the calculation of TP2 in subsection (4) above as they have effect in relation to the calculation of T in subsection (2) of that section.

(8) Any negative amount given by a calculation under this section shall be assumed to be nil for the purposes of this Chapter and Chapter IV of Part I of the M75 Local Government Finance Act 1992.

(9) The Secretary of State may by regulations do one or both of the following—

(a) alter the constituents of any calculation to be made under or by virtue of subsection (3) above (whether by adding, deleting or amending items);

(b) alter the rules governing the making of any calculation under or by virtue of that subsection (whether by deleting or amending subsections (3) to (8) above, or any of them, or by adding other provisions, or by a combination of those methods).

Textual Amendments

F30 Words in s. 89(2) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 6

Modifications etc. (not altering text)

C25 S. 89 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 8

C26 S. 89 modified (E.) (5.2.2000) by S.I. 2000/213, art. 7

S. 89 modified (2.2.2001 with effect as mentioned in reg. 1(3) of the amending S.I.) by S.I. 2001/216, reg. 7

C27 S. 89 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 8

Commencement Information

I15 S. 89 wholly in force at 12.1.2000; by virtue of s. 425(2) the Act comes into force in regards to any power of a Minister of the Crown to make regulations or an order; s. 89 in force at 12.1.2000 insofar as not already in force by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

M72 1992 c. 14.

M73 1996 c. 16.

M74 1988 c. 41.

M75 1992 c. 14.

90 The special item for the purposes of section 89. E+W

(1) The item referred to in section 89(2) above is the special expense of the Metropolitan Police Authority.

(2) For the purposes of subsection (1) above, the special expense of the Metropolitan Police Authority is the difference between—

(a) the aggregate calculated (or last calculated) under subsection (4) of section 85 above in relation to the Metropolitan Police Authority, and

(b) the amount calculated (or last calculated) under subsection (5) of that section in relation to that Authority,

unless the aggregate referred to in paragraph (a) above does not exceed the aggregate referred to in paragraph (b) above, in which case the special expense is nil.

(3) For the purposes of section 89 above, the special item relates to the part of Greater London which consists of the metropolitan police district.

91 Special items: amendments of section 46 of the 1992 Act. E+W

(1) Section 46 of the M76 Local Government Finance Act 1992 (special items for the purposes of section 45 of that Act) shall be amended as follows.

(2) In subsection (2) (special expenses) paragraph (d) (which relates to inner London etc) shall cease to have effect.

(3) In subsection (3) (areas to which special expenses relate) paragraph (d) (which relates to inner London etc) shall cease to have effect.

(4) In subsection (4) (interpretation)—

(a) the definition of inner London area, and

(b) the words from and any reference to the end of the subsection (which relate to parts of Greater London),

shall cease to have effect.

Marginal Citations

M76 1992 c. 14.

92 Calculation of tax for different valuation bands. E+W

(1) Section 47 of the M77 Local Government Finance Act 1992 (calculation of tax for different valuation bands) shall be amended as follows.

(2) After subsection (1) (which contains a formula and definitions of the terms used in the formula) there shall be inserted—

“(1A) Where the precepting authority is the Greater London Authority, subsection (1) above shall have effect with the substitution of the following definition for the definition of A—

“A is the amount calculated (or last calculated) by the Greater London Authority for that year under section 88(2) of the Greater London Authority Act 1999 or, where section 89 of that Act applies, the amount calculated (or last calculated) by it for that year under subsection (3) of that section in relation to that category of dwellings; ”.”

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

“(3) Where the precepting authority is the Greater London Authority, subsection (2) above shall have effect with the substitution for the reference to section 45 above of a reference to section 89 of the Greater London Authority Act 1999”.

Commencement Information

I16 S. 92 wholly in force at 12.1.2000; s. 92 not in force at Royal Assent see s. 425(2); s. 92 in force at 12.1.2000 insofar as not already in force by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

M77 1992 c. 14.

93 Calculation of amount payable by each billing authority. E+W

(1) Section 48 of the M78 Local Government Finance Act 1992 (calculation of amount payable by each billing authority) shall be amended as follows.

(2) In subsection (1) there shall be added at the end “; and—

(a) subsection (1A) below applies in relation to a precept issued by the Greater London Authority; and

(b) subsections (2) to (6) below apply in relation to a precept issued otherwise than by the Greater London Authority.”

(3) After subsection (1) there shall be inserted—

“(1A) Where an amount calculated (or last calculated) for the year under section 88(2) or 89(3) of the Greater London Authority Act 1999 applies to dwellings in the billing authority’s area, the amount payable by that authority shall be calculated by applying the formula—

where—

• C is the amount so calculated; and

• T is the amount which, in relation to the billing authority, is determined for item T in section 33(1) above.”

Commencement Information

I17 S. 93 wholly in force at 12.1.2000; s. 93 not in force at Royal Assent see s. 425(2); s. 93 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

M78 1992 c. 14.

Substitute calculations etc. E+W+S

94 Substitute calculations under section 49 of the 1992 Act. E+W+S

(1) Section 49 of the M79 Local Government Finance Act 1992 (substitute calculations) shall be amended as follows.

(2) For subsection (1) (power to make substitute calculations) there shall be substituted—

“(1) A major precepting authority which has made calculations in relation to a financial year in accordance with—

(a) sections 43 to 48 above (originally or by way of substitute),

(b) sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, or

(c) sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and sections 47 and 48 above (by way of substitute),

may make calculations in substitution in relation to the year in accordance with the relevant provisions.

(1A) For the purposes of subsection (1) above, the relevant provisions are—

(a) in a case falling within paragraph (a), the provisions specified in that paragraph; and

(b) in a case falling within paragraph (b) or (c), the provisions specified in paragraph (c).”

(3) In subsection (2) (cases where substitute calculations do not have effect)—

(a) at the beginning of paragraph (a) there shall be inserted “ in the case of a major precepting authority other than the Greater London Authority, ”; and

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

“(aa) in a case where the major precepting authority is the Greater London Authority—

(i) the amount of any component budget requirement calculated under subsections (4) to (7) of section 85 of the Greater London Authority Act 1999,

(ii) the amount calculated under subsection (8) of that section, or

(iii) any amount calculated under section 88(2) or 89(3) of that Act as the basic amount of council tax applicable to any dwelling,

would exceed that so calculated in the previous calculations; or”.

(c) in paragraph (b), after fails to comply with subsection (3) there shall be inserted “ or (3A) ”.

(4) After subsection (3) (requirement to use previous values of T and TP) there shall be inserted—

“(3A) In making substitute calculations under section 88(2) or 89(3) of the Greater London Authority Act 1999, the authority must use any amount determined in the previous calculations for item P1 or T in section 88(2) of that Act or for item P2 or item TP2 in section 89(4) of that Act.”

(5) After subsection (4) (permitted increases for the purposes of subsection (3)) there shall be inserted—

“(4A) For the purposes of subsection (3A) above, the authority may treat any amount determined in the previous calculations—

(a) for item P1 in section 88(2) of the Greater London Authority Act 1999, or

(b) for item P2 in section 89(4) of that Act,

as increased by the relevant portion of any new additional grant.

(4B) For the purposes of subsection (4A) above, the relevant portion of any new additional grant means the amount of any additional grant payable to the authority for the year which was not taken into account by the authority in making the previous calculations, but—

(a) in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part; and

(b) in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part;

and special item has the same meaning in this subsection as in sections 88 and 89 of the Greater London Authority Act 1999 (see section 89(2) of that Act).

(4C) In subsection (4B) above, prescribed means specified in, or determined in accordance with, either—

(a) the report under section 85 of the M80 Local Government Finance Act 1988 relating to the amount of additional grant in question, or

(b) regulations made by the Secretary of State under section 88(3)(b) of the Greater London Authority Act 1999 (in relation to item P1) or under section 89(5)(b) of that Act (in relation to item P2),

as the Secretary of State may determine for the purposes of paragraph (a) or (b) of that subsection and any particular financial year or years.”

(6) After subsection (5) (cases where previous calculations quashed for non-compliance with sections 43 to 48) there shall be inserted—

“(6) Subsections (2) and (3A) above shall not apply if the previous calculations have been quashed because of a failure to comply with the appropriate Greater London provisions in making the calculations.

(7) For the purposes of subsection (6) above, the appropriate Greater London provisions means—

(a) in the case of calculations required to be made in accordance with sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, those provisions; and

(b) in the case of calculations required to be made in accordance with sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and sections 47 and 48 above, those provisions.

(8) Where the major precepting authority is the Greater London Authority, any substitute calculations under this section shall be made in accordance with Schedule 7 to the Greater London Authority Act 1999.”

Commencement Information

I18 S. 94 wholly in force at 3.7.2000; s. 94 not in force at Royal Assent see s. 425(2); s. 94 in force at 3.7.2000 by S.I. 1999/3434, art. 4 (subject to transitional provisions in Sch. 1 Table 2)

Marginal Citations

M79 1992 c. 14.

M80 1988 c. 41.

95 Minimum budget for Metropolitan Police Authority. E+W+S

(1) This section applies where the Authority—

(a) has made calculations in relation to a financial year in accordance with sections 85 to 90 above and sections 47 and 48 of the M81 Local Government Finance Act 1992, or

(b) has made substitute calculations in relation to a financial year in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act,

but it appears to the Secretary of State that the Metropolitan Police Authority, in order to restore or maintain an efficient and effective police force for its area, requires a greater component budget requirement than that previously calculated under section 85 above.

(2) Where this section applies, the Secretary of State may direct the Authority that there must be a component budget requirement for the Metropolitan Police Authority for the year which is not less than such amount as may be specified in the direction.

(3) The amount specified in a direction under subsection (2) above shall be that which the Secretary of State considers the minimum necessary in order for the Metropolitan Police Authority to restore or maintain an efficient and effective police force for its area.

(4) Where a direction is given under this section, the Authority shall make calculations in substitution in relation to that year under subsections (4) to (7) of section 85 above in relation to—

(a) the Metropolitan Police Authority alone; or

(b) the Metropolitan Police Authority and one or more other constituent bodies.

(5) If the result of the substitute calculations is such that—

(a) there is an increase in the Authority’s consolidated budget requirement for the year, or

(b) there is no such increase, but the results of calculations in substitution made in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of the M82 Local Government Finance Act 1992 would be different from the last relevant calculations in relation to the year,

the Authority shall make calculations in substitution in relation to the year in accordance with those provisions.

(6) In subsection (5) above, the last relevant calculations means the last calculations made by the Authority in relation to the year in accordance with—

(a) sections 85 to 90 above and sections 47 and 48 of the M83 Local Government Finance Act 1992, or

(b) sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act.

(7) None of the substitute calculations shall have any effect if—

(a) the amount calculated under section 85(6) or (7) above for the Metropolitan Police Authority is not in compliance with the direction; or

(b) there is an increase in the Authority’s consolidated budget requirement for the year (as last calculated) which exceeds the minimum increase required to be made to the component budget requirement for the Metropolitan Police Authority (as last calculated for the year) to comply with the direction under subsection (2) above; or

(c) in making substitute calculations under section 88(2) or 89(3) above, the Authority fails to comply with subsection (8) below.

(8) In making substitute calculations under section 88(2) or 89(3) above, the Authority must use any amount determined in the previous calculations for item P1 or T in section 88(2) above or for item P2 or item TP2 in section 89(4) above.

(9) For the purposes of subsection (8) above, the Authority may treat any amount determined in the previous calculations for item P1 in section 88(2) above or item P2 in section 89(4) above as increased by the relevant portion of any new additional grant.

(10) For the purposes of subsection (9) above, the relevant portion of any new additional grant means the amount of any additional grant payable to the Authority for the year which was not taken into account by the Authority in making the previous calculations, but—

(a) in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part; and

(b) in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part;

and special item has the same meaning in this subsection as in sections 88 and 89 above (see section 89(2)).

(11) In subsection (10) above, prescribed means specified in, or determined in accordance with, either—

(a) the report under section 85 of the M84 Local Government Finance Act 1988 relating to the amount of additional grant in question, or

(b) regulations made by the Secretary of State under section 88(3)(b) above (in relation to item P1) or under section 89(5)(b) above (in relation to item P2),

as the Secretary of State may determine for the purposes of paragraph (a) or (b) of that subsection and any particular financial year or years.

(12) Subsections (7)(c) and (8) above shall not apply if the previous calculations have been quashed because of a failure to comply with the appropriate Greater London provisions in making the calculations.

(13) For the purposes of subsection (12) above, the appropriate Greater London provisions means—

(a) in the case of calculations required to be made in accordance with sections 85 to 90 above and sections 47 and 48 of the M85 Local Government Finance Act 1992, those provisions; and

(b) in the case of calculations required to be made in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act, those provisions.

(14) Any substitute calculations under this section shall be made in accordance with Schedule 7 to this Act.

Modifications etc. (not altering text)

C28 S. 95 modified (3.7.2000) by 1996 c. 16, s. 96B(6) (as inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 104 (with Sch. 12 para. 9(1))); S.I. 2000/1648, art. 2, Sch.

Marginal Citations

M81 1992 c. 14.

M82 1992 c. 14.

M83 1992 c. 14.

M84 1988 c. 41.

M85 1992 c. 14.

96 Provisions supplemental to section 95. E+W+S

(1) The Authority must—

(a) make the substitute calculations required by section 95 above, and

(b) where applicable, issue any precepts in substitution required in consequence under section 42 of the M86 Local Government Finance Act 1992,

before the end of the period of 35 days beginning with the day on which it receives the direction under section 95 above.

(2) If the Authority fails to comply with the requirements mentioned in paragraph (a) or (b) of subsection (1) above within the period mentioned in that subsection, any authority to which it has power to issue a precept shall have no power during the period of restriction to pay anything in respect of a precept issued by the Authority for the year.

(3) For the purposes of subsection (2) above, the period of restriction is the period which—

(a) begins at the end of the period mentioned in subsection (1) above; and

(b) ends at the time (if any) when the Authority complies with the requirements mentioned in paragraphs (a) and (b) of subsection (1) above.

(4) The following provisions of this section apply in relation to substitute calculations other than those made pursuant to section 95 above.

(5) Subject to variation or revocation, a direction under section 95 above shall have effect in relation to any substitute calculations made under any enactment by the Authority—

(a) in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of the M87 Local Government Finance Act 1992;

(b) in relation to the year to which the direction relates; and

(c) at any time after the giving of the direction.

(6) Where a direction under section 95 above has effect in relation to any substitute calculations by virtue of subsection (5) above, none of the calculations shall have any effect if the amount calculated under section 85(6) above for the Metropolitan Police Authority is not in compliance with the direction.

Marginal Citations

M86 1992 c. 14.

M87 1992 c. 14.

97 Emergencies and disasters. E+W+S

(1) Where—

(a) the Authority has made calculations in accordance with subsections (4) to (7) of section 85 above (whether originally or by way of substitute), and

(b) the Mayor is of the opinion that, because of an emergency or disaster involving destruction of or danger to life or property, it is appropriate to recalculate any component budget requirements,

the Authority may make calculations in substitution in relation to the year in accordance with those subsections.

(2) None of the substitute calculations shall have any effect if they involve—

(a) any change in the sums paid or to be paid to any of the functional bodies otherwise than out of the aggregate specified in subsection (2) of section 102 below; or

(b) any change in the Authority’s consolidated budget requirement for the year.

(3) Any substitute calculations under this section shall be made in accordance with Schedule 7 to this Act.

Commencement Information

I19 S. 97 wholly in force at 3.7.2000; s. 97 not in force at Royal Assent see s. 425(2); s. 97(1)(2) in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Tables 1, 2); s. 97(3) in force at 3.7.2000 by S.I. 1999/3434, art. 4

98 Procedure for making substitute calculations. E+W+S

Schedule 7 to this Act (which contains procedural requirements for the making of substitute calculations by the Authority) shall have effect.

Supplementary E+W+S

99 Interpretation of Chapter I. E+W+S

In this Part—

• component budget requirement has the meaning given in section 85(6) above;

• consolidated budget requirement has the meaning given in section 85(8) above;

• constituent body has the meaning given in section 85(3) above;

• local government finance report means such a report under section 78A of the M88 Local Government Finance Act 1988;

• police grant has the meaning given by section 32(12) of the M89 Local Government Finance Act 1992;

• relevant special grant has the meaning given by section 32(12) of the M90 Local Government Finance Act 1992.

Modifications etc. (not altering text)

C29 S. 99 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 9

C30 S. 99 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 9

Marginal Citations

M88 1988 c. 41.

M89 1992 c. 14.

M90 1992 c. 14.

Chapter II E+W+S Grants and Redistributed Non-domestic Rates

Grants E+W+S

100 General GLA grant. E+W+S

(1) For each financial year, the Secretary of State shall pay a grant (to be called general GLA grant) to the Authority.

(2) The grant shall be paid for the purposes of the Authority and the functional bodies.

(3) For each financial year the Secretary of State shall make a determination under this section.

(4) A determination shall state the amount of the grant for the year.

(5) Before making a determination, the Secretary of State shall consult the Mayor.

(6) The grant shall be paid in such instalments or such amounts and at such times as the Secretary of State may, with the Treasury’s consent, determine.

Commencement Information

I20 S. 100 wholly in force at 3.7.2000; s. 100 not in force at Royal Assent see s. 425(2); s. 100(1)-(4)(6) in force at 12.1.2000 by S.I. 1999/3434, art. 2; s. 100(5) in force at 3.7.2000 by S.I. 1999/3434, art. 4

101 GLA transport grant. E+W+S

(1) For each financial year, the Secretary of State shall pay a grant (to be called GLA transport grant) to the Authority.

(2) The grant shall be paid for the purposes of Transport for London.

(3) For each financial year the Secretary of State, after consultation with the Mayor, shall make a determination stating the amount of the grant for the year.

(4) The grant shall be paid in such instalments or such amounts and at such times as the Secretary of State may, with the Treasury’s consent, determine.

(5) The amount of the grant, or any terms relating to payment of the grant, may be varied from time to time by the Secretary of State after consultation with the Mayor.

Commencement Information

I21 S. 101 wholly in force at 12.1.2000; s. 101 not in force at Royal Assent see s. 425(2); s. 101 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Tables 1, 2)

Distribution of grants etc. E+W+S

102 Mayor to distribute grants etc between Authority and functional bodies. E+W+S

(1) For each financial year, it shall be the duty of the Authority to pay to each functional body, out of the aggregate specified in subsection (2) below, the amount required by the body out of that aggregate in accordance with the calculations (or last calculations) under section 85(4) to (7) of this Act.

(2) The aggregate mentioned in subsection (1) above is the aggregate of the sums received by the Authority for the financial year in respect of—

(a) revenue support grant;

(b) additional grant;

(c) relevant special grant;

(d) general GLA grant;

(e) redistributed non-domestic rates;

(f) any precept issued by the Authority; and

(g) payments to the Authority by billing authorities in accordance with regulations under section 99(3) of the M91 Local Government Finance Act 1988.

(3) The payments required by subsection (1) above shall be made by instalments during the financial year in question.

(4) The instalments to be paid under subsection (3) above to a functional body shall be payments of such amounts, and shall be payable at such times, as will enable the body to meet its budgeted expenditure for the year as it falls due.

(5) It shall be the duty of the Authority to pay instalments under subsection (3) above punctually.

(6) In the application of subsection (4) above in relation to a functional body, budgeted expenditure means expenditure which, in accordance with the calculations (or last calculations) made under section 85(4) to (7) above, the body is to meet out of payments by way of instalments under this section.

(7) If an overpayment is made to a functional body in respect of the sums payable to it by virtue of this section, the functional body shall, in accordance with any directions given to it for the purpose by the Mayor, make at such times and in such manner as may be specified in the directions such payments to the Authority by way of repayment as may be so specified.

(8) In this section relevant special grant has the meaning given by section 32(12) of the M92 Local Government Finance Act 1992.

Modifications etc. (not altering text)

C31 S. 102 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 10

C32 S. 102 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 10

Commencement Information

I22 S. 102 wholly in force at 3.7.2000; s. 102 not in force at Royal Assent see s. 425(2); s. 102(1)-(4)(6)-(8) in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1); s. 102(5) in force at 3.7.2000 by S.I. 1999/3434, art. 4

Marginal Citations

M91 1988 c. 41.

M92 1992 c. 14.

103 Authority’s duty to account to functional bodies for their grants. E+W+S

(1) Where the Authority receives any grant or other payment made only for the purposes, or particular purposes, of a functional body, the Authority shall forthwith account for the grant or other payment to the functional body concerned and pay it over to that body.

(2) Subsection (1) above does not apply in relation to any sum received in respect of an item which falls within any of the paragraphs of subsection (2) of section 102 above.

Chapter III E+W+S Emergency Financial Assistance, Funds and Miscellaneous Matters

104 Emergency financial assistance. E+W+S

(1) Section 155 of the M93 Local Government and Housing Act 1989 (emergency financial assistance to local authorities) shall be amended as follows.

(2) After subsection (1) (local authority incurring expenditure as result of emergency or disaster) there shall be inserted—

“(1A) Expenditure incurred as mentioned in subsection (1) above by—

(a) the London Fire and Emergency Planning Authority,

(b) the Metropolitan Police Authority, or

(c) Transport for London, in respect of places or areas within Greater London,

shall be treated for the purposes of this section as expenditure so incurred by the Greater London Authority (and, accordingly, as so incurred by a local authority).

(1B) To the extent that any financial assistance given to the Greater London Authority under this section is referable to expenditure incurred by a body mentioned in paragraph (a), (b) or (c) of subsection (1A) above, the financial assistance shall be treated for the purposes of section 103 of the Greater London Authority Act 1999 as a payment made to the Greater London Authority for the purposes of that body.”

(3) In subsection (4) (local authorities in England and Wales to which the section applies)—

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

“(bb) the Greater London Authority;”;

[F31 (b) at the end of paragraph (eb) there shall be inserted “ or ”; and]

(c) paragraph (f) (Receiver for the Metropolitan Police District) shall cease to have effect.

Textual Amendments

F31 S. 104(3)(b) repealed (1.4.2002 for E.W. and otherwiseprosp.) by 2001 c. 16, ss. 137, 138(2), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provision in art. 4)

Marginal Citations

M93 1989 c. 42.

105 Component budgets: anticipation of certain levies. E+W+S

(1) Section 74 of the M94 Local Government Finance Act 1988 (levies) shall be amended as follows.

(2) In subsection (4) (which enables regulations to include provision permitting anticipation of levies under the section in the making of certain calculations) after paragraph (b) there shall be inserted—

“(bb) that the Greater London Authority in making calculations in accordance with sections 85 and 86 of the Greater London Authority Act 1999 (originally or by way of substitute) in the case of any constituent body (within the meaning of those sections), except the Metropolitan Police Authority (for which separate provision is made), may anticipate a levy;”.

Commencement Information

I23 S. 105 wholly in force at 12.1.2000; s. 105 not in force at Royal Assent see s. 425(2); s. 105 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

M94 1988 c. 41.

106 The Authority’s general fund. E+W+S

(1) Section 91 of the M95 Local Government Finance Act 1988 (general funds) shall be amended as follows.

(2) In subsection (1) (which specifies the relevant authorities) after paragraph (aa) there shall be inserted—

“(ab) the Greater London Authority,”.

(3) In subsection (3) (general fund to be established on 1 April 1990, subject to subsection (3A)) for subsection (3A) there shall be substituted “ subsections (3A) and (3C) ”.

(4) After subsection (3B) there shall be inserted—

“(3C) In the case of the Greater London Authority, the general fund must be established on a date specified in regulations.”

(5) In section 143 of the M96 Local Government Finance Act 1988 (regulations and orders) in subsection (5) (exceptions from Parliamentary procedure) after regulations under section 75 there shall be inserted “ , 91(3C) ”.

Marginal Citations

M95 1988 c. 41.

M96 1988 c. 41.

107 Judicial review. E+W+S

(1) Section 66 of the M97 Local Government Finance Act 1992 (matters which are not to be questioned except on judicial review) shall be amended as follows.

(2) In subsection (2) (which specifies the matters) after paragraph (c) there shall be inserted—

“(cc) a calculation made in accordance with any of sections 85 to 90 of the Greater London Authority Act 1999;

(cd) a substitute calculation made in accordance with any of sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act;”.

Marginal Citations

M97 1992 c. 14.

108 Functions to be discharged only by certain authorities. E+W+S

(1) Section 67 of the M98 Local Government Finance Act 1992 (functions to be discharged only by the authority) shall be amended as follows.

[F32 (2) In subsection (1) (functions to be discharged only by authority, subject to subsection (3)) for subsection (3) there shall be substituted “subsections (3) and (3A)”.]

(3) In subsection (2) (which specifies the functions) after paragraph (b) there shall be inserted—

“(bb) making a calculation in accordance with any of sections 85 to 90 of the Greater London Authority Act 1999;

(bc) making a substitute calculation in accordance with any of sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act;”.

(4) In subsection (3) (functions which may be exercised by a committee) at the beginning there shall be inserted “ Subject to subsection (3B) below, ”.

(5) After subsection (3) there shall be inserted—

“(3A) In the case of the Greater London Authority, the functions mentioned in subsection (2) above shall be discharged on behalf of the Authority in accordance with the provisions of the Greater London Authority Act 1999 but only by the Mayor of London, the London Assembly or the Mayor and Assembly acting jointly.

(3B) Subsection (3) above does not apply in relation to the Greater London Authority, but where Schedule 6 to the Greater London Authority Act 1999 makes provision enabling a function to be discharged by a committee or other representatives of the London Assembly, the function may be discharged by such a committee or representatives in accordance with the provisions of that Schedule.”

Textual Amendments

F32 S. 108(2) repealed (18.11.2003 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 3(i)(vii) (with art. 8, Sch.)

Marginal Citations

M98 1992 c. 14.

109 Information. E+W+S

(1) In section 168 of the M99 Local Government Act 1972 (local financial returns) in subsection (5) (which defines local authority for the purposes of the section) the word and at the end of paragraph (b) shall be omitted and after paragraph (c) there shall be added “; and

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

(2) In section 139A of the M100 Local Government Finance Act 1988 (information) in subsection (5) (which defines the relevant authorities) after paragraph (b) there shall be inserted—

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

(3) Section 68 of the M101 Local Government Finance Act 1992 (information required for purposes of Part I of that Act by Secretary of State from relevant authority or relevant officer) shall be amended as follows.

(4) In subsection (1)(b), after this Part there shall be inserted “ or Part III of the Greater London Authority Act 1999 ”.

(5) In subsection (3) (failure of authority or officer to comply) after this Part there shall be inserted “ or Part III of the Greater London Authority Act 1999 ”.

(6) In subsection (5), in the definition of relevant authority after means there shall be inserted “ (a) ” and after precepting authority; there shall be inserted “or

(b) a functional body, within the meaning of the Greater London Authority Act 1999) (see section 424(1) of that Act);”.

Marginal Citations

M99 1972 c. 70.

M100 1988 c. 41.

M101 1992 c. 14.

110 Provision of information by functional bodies to Mayor or Assembly. E+W+S

(1) A functional body shall, at the request of the Mayor or the Assembly, provide the Authority with such information relating to the financial affairs of the body as may be specified or described in the request.

(2) The information shall be provided in such form and manner, and within such time, as may be specified in the request.

(3) The information that may be requested under subsection (1) above is such information as may be required for the purpose of any functions exercisable by the Mayor or the Assembly.

(4) The information that may be requested under subsection (1) above from a functional body includes—

(a) information which the body has or can reasonably obtain; and

(b) information about the body’s plans or proposals relating to the finances or expenditure of the body or of any company in which the body has an interest.

Chapter IV U.K. Revenue Accounts and Capital Finance

Application of Part IV of Local Government and Housing Act 1989 E+W

111 Part IV of 1989 Act to apply to Authority and functional bodies. E+W

(1) Section 39 of the M102 Local Government and Housing Act 1989 (application of Part IV) shall be amended as follows.

(2) In subsection (1) (which specifies the authorities with respect to whose finances the Part applies) 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;”.

(3) In consequence of the amendment made by subsection (2) above, in subsection (1) the paragraph (bb) inserted after paragraph (a) by paragraph 88 of Schedule 16 to the M103 Local Government (Wales) Act 1994 (county borough council) shall become paragraph (aa).

(4) In subsection (3) (bodies which may be prescribed by regulations under subsection (1)(k)) at the end of paragraph (c) there shall be inserted “ or ”.

Commencement Information

I24 S. 111 wholly in force at 3.7.2000; s. 111 not in force at Royal Assent see s. 425(2); s. 111 in force for specified purposes at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 111 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M102 1989 c. 42.

M103 1994 c. 19.

Credit approvals E+W+S

112 Provisions to be in place of sections 53 to 55 of 1989 Act. E+W+S

(1) Sections 53 to 55 of the M104 Local Government and Housing Act 1989 (basic and supplementary credit approvals and the criteria for issuing them) shall not apply in relation to the Authority or any of the functional bodies.

(2) Sections 113 to 117 below shall apply in relation to the Authority and the functional bodies in place of the provisions mentioned in subsection (1) above.

Commencement Information

I25 S. 112 wholly in force at 3.7.2000; s. 112 not in force at Royal Assent see s. 425(2), s. 112 in force for specified purposes at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 112. in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M104 1989 c. 42.

113 Aggregate credit approval for Authority and functional bodies. E+W+S

(1) Before the beginning of each financial year the Secretary of State shall issue to the Mayor, in the form of a notice in writing, a credit approval with respect to the credit arrangements and expenditure for capital purposes during that year of the Authority and each of the functional bodies.

(2) The Secretary of State shall send to each of the functional bodies a copy of any credit approval issued under this section.

(3) A credit approval issued under this section (an aggregate credit approval) may be nil but, subject to that, shall consist of such number of specified amounts of money, for such authorities or purposes, as the Secretary of State may determine.

(4) Each amount so determined and specified by the Secretary of State must be an amount of a category described in subsection (5) below.

(5) For the purposes of this Chapter—

(a) a category A amount is an amount for a specified authority with respect to the authority’s credit arrangements and expenditure for capital purposes during the financial year for which the approval is given;

(b) a category B amount is an amount for a specified authority with respect to the authority’s credit arrangements and expenditure for capital purposes of one or more specified descriptions during that year;

(c) a category C amount is an amount with respect to credit arrangements and expenditure for capital purposes during that year for allocation by the Mayor to such one or more of the authorities, and in such proportions, as he may see fit, and for such purposes consisting of or comprised within those purposes as he may state in the notice of an allocation;

(d) a category D amount is an amount with respect to credit arrangements and expenditure for capital purposes of one or more specified descriptions during that year for allocation by the Mayor to such one or more of the authorities, and in such proportions, as he may see fit, and for such purposes consisting of or comprised within those purposes as he may state in the notice of an allocation.

(6) In this section—

• authority means the Authority or any of the functional bodies;

• specified means specified by the Secretary of State in the approval.

Modifications etc. (not altering text)

C33 S. 113 wholly in force at 3.7.2000; S. 113 not in force at Royal Assent see s. 425(2); s. 113(1)(3)-(6) in force at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 113(2) in force at 3.7.2000 by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

C34 Words in s. 113(1) modified (24.4.2000) by S.I. 2000/862, art. 2(2)(a)

C35 Words in s. 113(5) modified (24.4.2000) by S.I. 2000/862, art. 2(2)(b)

114 Additional credit approval. E+W+S

(1) Any Minister of the Crown may at any time issue to the Mayor, in the form of a notice in writing, a credit approval with respect to credit arrangements and expenditure for capital purposes.

(2) A credit approval issued under this section (an additional credit approval) shall have effect for such period as is specified in the approval.

(3) Where an additional credit approval is issued not more than six months after the end of a financial year, the period specified under subsection (2) above may be one which begins, or begins and ends, at any time during that financial year.

(4) Subsections (2) to (6) of section 113 above shall apply in relation to an additional credit approval as they apply in relation to an aggregate credit approval, but taking—

(a) any reference to the Secretary of State as a reference to the Minister of the Crown issuing the approval, and

(b) any reference to the financial year for which the approval is given as a reference to the period for which the approval has effect.

115 Notification of category C or D allocations. E+W+S

(1) Where the Mayor makes an allocation from a category C or D amount—

(a) under an aggregate credit approval, to the Authority, or

(b) under an additional credit approval, to the Authority or a functional body,

he shall give notice of the allocation to each of the functional bodies.

(2) Where the Mayor makes an allocation to a functional body from a category C or D amount under an aggregate credit approval, notice of the allocation shall be given to each of the functional bodies by including a statement of the amount so allocated (together with a statement of the purposes for which the amount is allocated) in section B of the capital spending plan, pursuant to section 122(4)(d) below.

(3) In the other provisions of this Chapter, any reference to notice of an allocation from a category C or D amount is a reference to the notice of the allocation given in accordance with subsection (1) or (2) above.

Modifications etc. (not altering text)

C36 S. 115 modified (24.4.2000) by S.I. 2000/862, art. 2(3)

Commencement Information

I26 S. 115 partly in force; s. 115 not in force at Royal Assent see s. 425(2); s. 115(1)(3) in force and s. 115(2) in force for specified purposes (3.7.2000) by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

116 Amortisation. E+W+S

(1) Where regulations made by the Secretary of State so require, an aggregate credit approval or an additional credit approval shall specify, directly or by reference to tables or other documents specified in the approval, an amortisation period.

(2) In this section amortisation period means a period during which a relevant authority is required to set aside, from a revenue account, as provision to meet credit liabilities, such amounts as may be appropriately determined.

(3) If regulations under subsection (1) above so provide, an aggregate credit approval or an additional credit approval may specify—

(a) different amortisation periods in relation to the use of the approval in respect of credit arrangements and expenditure for capital purposes of different descriptions; or

(b) different amortisation periods in relation to different amounts specified in the approval.

(4) Subsection (1) above does not apply in relation to a category B credit approval issued in respect of expenditure which is treated as expenditure for capital purposes of a relevant authority by virtue only of directions under section 40(6) of the M105 Local Government and Housing Act 1989.

(5) But the Secretary of State or other Minister issuing a category B credit approval may specify in the approval, directly or by reference to tables or other documents specified in the approval, an amortisation period in respect of such expenditure as is mentioned in subsection (4) above.

(6) In subsection (2) above, appropriately determined means—

(a) in its application for the purposes of subsection (1) above, determined in accordance with regulations under that subsection; and

(b) in its application for the purposes of subsection (5) above, determined in accordance with the approval.

(7) In this section—

• category B credit approval means an aggregate credit approval or an additional credit approval to the extent that the approval consists of a category B amount;

• relevant authority, in the case of any credit approval, means an authority—

  (a)

  for which a category A or B amount is specified in the approval, or

  (b)

  to which a category C or D amount is allocated under the approval.

Commencement Information

I27 S.116 wholly in force at 3.7.2000: s.116 in force at Royal Assent (11.11.1999)for certain purposes, see s.425(2); s. 116 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M105 1989 c. 42.

117 Criteria for issuing credit approvals. E+W+S

(1) In determining any amount to be specified in an aggregate credit approval or an additional credit approval, the Secretary of State or other Minister may have regard, subject to the following provisions of this section, to such factors as appear to him to be appropriate.

(2) Without prejudice to the generality of subsection (1) above, the Secretary of State or other Minister may, in particular, have regard—

(a) to the amount of any grants or contributions which it appears to him that a relevant authority has received and is likely to receive from any person in respect of expenditure incurred by the authority or to be incurred by the authority before the expiry of the period for which the credit approval is to have effect; and

(b) subject to subsection (3) below, to the amount of capital receipts which it appears to him that any relevant authority has received, might reasonably be expected to have received or to receive or is likely to receive before the expiry of the period for which the credit approval is to have effect.

(3) In determining any amount to be specified in an aggregate credit approval or an additional credit approval, the Secretary of State or other Minister shall not take account of capital receipts—

(a) to the extent that a relevant authority is required to set aside the receipts as provision for credit liabilities;

(b) to the extent that they are received as mentioned in subsection (7) of section 59 of the M106 Local Government and Housing Act 1989; or

(c) to the extent that their amount falls to be treated as reduced for any purpose under subsection (8) or (9) of that section.

(4) In determining any amount to be specified in the aggregate credit approval or in an additional credit approval to be issued to the Mayor in any financial year, the Secretary of State or other Minister shall not take account of the extent to which it appears to him that any relevant authority is, or is likely to be, in a position to finance expenditure for capital purposes from a revenue account.

(5) In this section relevant authority, in the case of any credit approval, means—

(a) as respects a category A or B amount, the authority for which the amount is to be specified, and

(b) as respects a category C or D amount, any authority to which an allocation from that amount may be made by the Mayor in accordance with the approval.

Marginal Citations

M106 1989 c. 42.

118 Part IV of 1989 Act and credit approvals under this Chapter. E+W+S

(1) Where a category A or B amount is specified for an authority in an aggregate credit approval or an additional credit approval, so much of the approval as relates to that amount shall be treated for the purposes of Part IV of the M107 Local Government and Housing Act 1989 (other than sections 53 to 55) as a credit approval issued to that authority under that Part.

(2) Where an allocation from a category C or D amount specified in an aggregate credit approval or an additional credit approval is made by the Mayor—

(a) to the Authority, or

(b) to a functional body,

the notice of the allocation (read with so much of the credit approval as relates to the allocation) shall be treated for the purposes of Part IV of the M108 Local Government and Housing Act 1989 (other than sections 53 to 55) as a credit approval issued under that Part to the Authority or, as the case may be, to the functional body.

(3) Section 56 of the M109 Local Government and Housing Act 1989 (use of basic credit approvals and supplementary credit approvals) shall apply in relation to a credit approval treated by virtue of subsection (1) or (2) above as issued under Part IV of that Act as it applies in relation to a basic credit approval or a supplementary credit approval.

(4) Any reference in this Chapter to the use of an aggregate credit approval or an additional credit approval is a reference to the use, under Part IV of the M110 Local Government and Housing Act 1989 or any other enactment, of any credit approvals treated as issued under that Part by virtue of the application of subsection (1) or (2) above in relation to the aggregate credit approval or, as the case may be, the additional credit approval (and related expressions shall be construed accordingly).

Marginal Citations

M107 1989 c. 42.

M108 1989 c. 42.

M109 1989 c. 42.

M110 1989 c. 42.

Capital receipts and mutual grants E+W+S

119 Power to redistribute capital receipts of functional bodies. E+W+S

(1) The Secretary of State may make regulations for and in connection with conferring on the Mayor power to direct any functional body to pay to the Authority such percentage as may be specified in the direction of so much of the usable part of the body’s capital receipts as may be so specified.

(2) The power conferred on the Mayor must be exercisable only for the purpose of enabling the amount paid under such a direction (the relevant amount) to be applied towards meeting expenditure for capital purposes of another functional body or of the Authority (the assisted body).

(3) The provision that may be made by regulations under subsection (1) above includes provision—

(a) with respect to the percentage or maximum percentage that may be specified in a direction;

(b) with respect to the portion of the usable part of a functional body’s capital receipts in respect of which a direction may be issued;

(c) requiring a direction to be complied with before the expiration of a prescribed period;

(d) requiring the Mayor, within such time or in such manner as may be prescribed, to notify the functional bodies of decisions taken with respect to the exercise of powers conferred by the regulations;

(e) for and in connection with enabling the Mayor to permit the relevant amount to be applied towards meeting expenditure for capital purposes of the assisted body generally or to require it to be applied towards meeting only such expenditure of a particular description;

(f) for and in connection with treating the whole or a prescribed part of the relevant amount as added to the usable part of the capital receipts of the assisted body, for the purposes of Part IV of the M111 Local Government and Housing Act 1989;

(g) for and in connection with requiring an assisted body to apply the relevant amount only for the purposes for which it was paid to the body.

(4) In this section prescribed means prescribed by regulations.

Commencement Information

I28 S.119 wholly in force at 3.7.2000: s.119 in force at Royal Assent (11.11.1999)for certain purposes, see s.425(2); s. 119 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M111 1989 c. 42.

120 Capital grants between Authority and functional bodies. E+W+S

(1) The Authority may pay grants towards meeting expenditure for capital purposes incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body.

(2) A functional body may, with the consent of the Mayor, pay a grant towards meeting expenditure for capital purposes incurred or to be incurred by another functional body, or by the Authority, for the purposes of, or in connection with, the discharge of the functions of the body to which the grant is made.

(3) A grant under this section must not be made subject to any limitation in respect of the expenditure for capital purposes which it may be applied towards meeting.

(4) A grant under this section must be applied by the recipient body solely towards meeting expenditure for capital purposes incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions.

121 Revenue grants between Authority and functional bodies. E+W+S

(1) The Authority may pay grants towards meeting expenditure, other than expenditure for capital purposes, incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body.

(2) A functional body may, with the consent of the Mayor, pay a grant towards meeting expenditure, other than expenditure for capital purposes, incurred or to be incurred by another functional body, or by the Authority, for the purposes of, or in connection with, the discharge of the functions of the body to which the grant is made.

(3) A grant under this section must not be made subject to any limitation in respect of the expenditure which it may be applied towards meeting (other than that the expenditure must not be expenditure for capital purposes).

(4) A grant under this section must be applied by the recipient body solely towards meeting expenditure incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions, other than expenditure for capital purposes.

The Mayor’s capital spending plan E+W+S

122 Form and contents. E+W+S

(1) The Mayor shall, in accordance with the following provisions of this section and sections 123 and 124 below, prepare for each financial year a capital spending plan for the functional bodies.

(2) A capital spending plan shall consist of the sections described in subsections (3) to (6) below.

(3) Section A of a capital spending plan shall consist of a statement for each functional body of the Mayor’s estimates of the following amounts—

(a) the total amount of capital grants likely to be paid to the body during the year by any person other than the Authority;

(b) the amount, at the beginning of the year, of the usable part of the body’s capital receipts; and

(c) the amount by which the usable part of the body’s capital receipts is likely to be increased by capital receipts which it appears to the Mayor the functional body might reasonably be expected to receive, or is likely to receive, during the year.

(4) Section B of a capital spending plan shall consist of a statement for each functional body of the following amounts—

(a) if the Mayor has decided a minimum amount of grant which the Authority is to pay to the body for the year under section 120(1) above, that minimum amount;

(b) the total amount of category A amounts specified for the body in the aggregate credit approval for the year;

(c) the total amount of category B amounts specified for the body in the aggregate credit approval for the year; and

(d) each amount which the Mayor has decided to allocate to the body out of the category C and D amounts specified in the aggregate credit approval for the year (together with a statement of the purposes for which the amount is allocated).

(5) Section C of a capital spending plan shall consist of a statement for each functional body of the total of the following amounts—

(a) the total amount of expenditure for capital purposes which the Mayor expects the body to incur during the year; and

(b) the total amount of credit cover which the Mayor expects the body to have available under sections 50(2) and 51(4) of the M112 Local Government and Housing Act 1989 with respect to credit arrangements entered into or varied during the year;

and in this section the total of those amounts is referred to as the body’s total capital spending for the year.

(6) Section D of a capital spending plan shall consist of an analysis of each functional body’s total capital spending for the year showing—

(a) the amount which the Mayor expects the body to meet out of capital grants;

(b) the amount which he expects the body to meet out of the usable part of its capital receipts;

(c) the amount which he expects the body to meet by using the aggregate credit approval for the year;

(d) the amount which he expects the body to meet by making a charge to a revenue account.

Commencement Information

I29 S. 122 partly in force; s. 122 not in force at Royal Assent, see s. 425(2); s. 122 in force for specified purposes (3.7.2000) by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M112 1989 c. 42.

123 Preparation. E+W+S

(1) After the Secretary of State has issued the aggregate credit approval for a financial year, the Mayor shall prepare a draft of the capital spending plan for the year.

(2) Before 15th January in the financial year preceding that to which the capital spending plan relates, the Mayor shall—

(a) send a copy of the draft to the Assembly and to each functional body; and

(b) invite them to submit their comments on the draft to him in writing within 21 days.

(3) Before finally determining the contents of the capital spending plan, the Mayor shall consider any comments submitted in accordance with the invitation under subsection (2)(b) above and make such revisions of the draft as he thinks fit, having regard to those comments.

(4) Before 28th February in the financial year preceding that to which the capital spending plan relates, the Mayor shall—

(a) send the plan to the Secretary of State; and

(b) send a copy of the plan to the Assembly and to each functional body.

(5) A copy of the capital spending plan shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(6) A copy of the capital spending plan, or any part of it, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(7) In this section the appropriate period in the case of a capital spending plan is the period of six years beginning with the date of publication of that plan pursuant to this section.

Commencement Information

I30 S. 123 partly in force; s. 123 not in force at Royal Assent, see s. 425(2); s. 123 in force for specified purposes (3.7.2000) by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Supplementary provisions E+W+S

124 Admissible factors in preparing capital spending plan etc. E+W+S

(1) In preparing a capital spending plan for any financial year, the Mayor may take account of such factors as appear to him to be appropriate.

(2) The reference in subsection (1) above to preparing a capital spending plan for a financial year includes a reference to deciding, in the case of each of the functional bodies,—

(a) the minimum amount of grant which the Authority is to pay to the body for the year under section 120 above; and

(b) the amounts to be allocated to the body out of the category C and D amounts specified in the aggregate credit approval for the year.

(3) Without prejudice to the generality of subsection (1) above, the Mayor may in particular take account of—

(a) the capital spending plans for such financial years which have ended as he may determine; and

(b) the amounts of each functional body’s total capital spending specified in section C of each of those plans which have been met as described in each of the paragraphs of subsection (4) below.

(4) Those amounts are—

(a) the amount met out of capital grants made to the body;

(b) the amount met out of the usable part of the body’s capital receipts;

(c) the amount met by using the aggregate credit approval or any additional credit approvals;

(d) the amount met by making a charge to a revenue account.

Commencement Information

I31 S. 124 partly in force; s. 124 not in force at Royal Assent, see s. 425(2); s. 124 in force for specified purposes (3.7.2000) by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

125 Information. E+W+S

(1) The Mayor may serve on a functional body a notice requiring the body to supply to him such information as is specified in the notice and required by him for the purpose of deciding whether to exercise his powers, and how to perform his functions, under this Chapter.

(2) If the information specified in a notice under this section is in the possession or under the control of the functional body on which the notice is served, the body shall supply the information required in such form and manner, and at such time, as is specified in the notice and, if the notice so requires, the information shall be certified (according as is specified in the notice) in one or both of the following ways—

(a) by the chief finance officer of the body, within the meaning of section 127 below, or by such other person as may be specified in the notice; and

(b) under arrangements made by the Audit Commission for Local Authorities and the National Health Service in England and Wales.

(3) If a functional body fails to comply with subsection (2) above, the Mayor may decide—

(a) whether to exercise his powers, and how to perform his functions, under this Chapter, or

(b) whether the body has acted, or is likely to act, in accordance with this Chapter,

on the basis of such assumptions and estimates as he thinks fit.

(4) In deciding—

(a) whether to exercise his powers, and how to perform his functions, under this Chapter, or

(b) whether a functional body has acted, or is likely to act, in accordance with this Chapter,

the Mayor may also take into account any other information available to him, whatever its source and whether or not obtained under a provision contained in or made under this or any other enactment.

126 Interpretation of Chapter IV. E+W+S

(1) In this Chapter, unless the context otherwise requires—

• additional credit approval shall be construed in accordance with section 114 above;

• aggregate credit approval shall be construed in accordance with section 113 above;

• capital receipts has the same meaning as in Part IV of the M113 Local Government and Housing Act 1989 (see section 58 of that Act);

• capital spending plan means a capital spending plan under section 122 above;

• category, denoted by a following capital letter and used in relation to an amount, shall be construed in accordance with section 113(5) above;

• expenditure for capital purposes has the same meaning as in Part IV of the M114 Local Government and Housing Act 1989 (see section 40 of that Act);

• notice, in relation to an allocation from a category C or D amount, shall be construed in accordance with section 115(3) above;

• the usable part, in relation to capital receipts, has the same meaning as in Part IV of the M115 Local Government and Housing Act 1989 (see section 60 of that Act);

• use, in relation to an aggregate credit approval or an additional credit approval, shall be construed in accordance with section 118(4) above.

(2) References in this Chapter to credit arrangements, or to entering into credit arrangements, shall be construed in accordance with Part IV of the M116 Local Government and Housing Act 1989 (see section 48 of that Act).

Marginal Citations

M113 1989 c. 42.

M114 1989 c. 42.

M115 1989 c. 42.

M116 1989 c. 42.

Chapter V E+W+S Financial Administration, Accounts and Audit

Financial administration E+W+S

127 Proper financial administration and chief finance officer. E+W+S

(1) In this section relevant authority means—

(a) the Authority; or

(b) a functional body.

(2) Every relevant authority—

(a) shall make arrangements for the proper administration of its financial affairs; and

(b) shall secure that one of its officers (its chief finance officer) has responsibility for the administration of those affairs.

(3) No person may be the chief finance officer of two or more relevant authorities at the same time.

(4) In subsection (2)(b) above, the reference to officers includes a reference to employees or members of staff and, in the case of Transport for London and the London Development Agency, includes a reference to members of the relevant authority.

(5) The chief finance officer of the Authority must be a member of staff appointed under section 67(2) above.

(6) The function of appointing the Authority’s chief finance officer under subsection (2)(b) above shall be a function of the Authority which is exercisable on behalf of the Authority by the Assembly after consultation with the Mayor.

(7) If the Mayor is a member of Transport for London, he must not be its chief finance officer.

(8) In section 2 of the M117 Local Government and Housing Act 1989 (politically restricted posts) in subsection (6)(d) (the effect of which is that the chief finance officer appointed under certain provisions is included among the chief statutory officers for the purposes of that section) after section 112 of the M118 Local Government Finance Act 1988 there shall be inserted “ , section 127(2) of the Greater London Authority Act 1999 ”.

Modifications etc. (not altering text)

C37 S. 127(2) applied (10.5.2000) by S.I. 2000/1095, art. 6(5)(c)

Commencement Information

I32 S. 127 wholly in force at 3.7.2000; s. 127 not in force at Royal Assent see s. 425(2); s. 127 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 127 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

M117 1989 c. 42.

M118 1988 c. 41.

128 Application of Part VIII of Local Government Finance Act 1988. E+W+S

(1) Section 111 of the M119 Local Government Finance Act 1988 (interpretation of Part VIII (financial administration)) shall be amended as follows.

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

“(bb) the Greater London Authority;

(bc) a functional body, within the meaning of the 1999 Act;

(bd) the London Pensions Fund Authority;”.

(3) In subsection (3) (meaning of 1972 Act etc) at the end there shall be added and the 1999 Act is the Greater London Authority Act 1999.

Commencement Information

I33 S. 128 wholly in force at 3.7.2000; s. 128 not in force at Royal Assent see s. 425(2); s. 128 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 128 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

M119 1988 c. 41.

129 Qualifications of chief finance officer. E+W+S

In section 113(1) of the M120 Local Government Finance Act 1988 (requirements to be fulfilled by person having responsibility for administration of financial affairs under certain provisions) after section 73 of the 1985 Act there shall be inserted “ , section 127 of the 1999 Act ”.

Commencement Information

I34 S. 129 wholly in force at 3.7.2000; s. 129 not in force at Royal Assent see s. 425(2); s. 129 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 129 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

M120 1988 c. 41.

130 Functions of chief finance officer as regards reports. E+W+S

(1) Section 114 of the M121 Local Government Finance Act 1988 (functions of responsible officer as regards reports) shall be amended as follows.

(2) In subsection (1) (person having responsibility for administration of financial affairs under certain provisions to have functions as regards reports) after section 73 of the 1985 Act there shall be inserted “ , section 127 of the 1999 Act ”.

(3) After subsection (3A) (preparation of report: duty to consult head of paid service and monitoring officer) there shall be inserted—

“(3B) Subsection (3A) above shall have effect in relation to the London Development Agency with the substitution for paragraphs (a) and (b) of the words with the person who is for the time being appointed under paragraph 4(2) of Schedule 2 to the M122 Regional Development Agencies Act 1998 as the chief executive of the London Development Agency.

(3C) Subsection (3A) above shall have effect in relation to Transport for London with the substitution for paragraphs (a) and (b) of the words with the person who is for the time being designated for the purpose under subsection (3D) below.

(3D) Transport for London shall designate a member of Transport for London, or a member of the staff of Transport for London, as the person who is to be consulted under subsection (3A) above.”

(4) After subsection (4) (duty to send copy of report to each member of the authority etc) there shall be inserted—

“(4A) The duty under subsection (4)(b) above—

(a) in a case where the relevant authority is the Greater London Authority, is to send a copy of the report to the Mayor of London and to each member of the London Assembly; and

(b) in a case where the relevant authority is a functional body, within the meaning of the 1999 Act, includes a duty to send a copy of the report to the Mayor of London and to the Chair of the Assembly, within the meaning of that Act.”

Commencement Information

I35 S. 130 wholly in force at 3.7.2000; s. 130 not in force at Royal Assent see s. 425(2); s. 130 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 130 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

M121 1988 c. 41.

M122 1998 c. 45.

131 Duties of Authority or functional body as regards reports. E+W+S

(1) Section 115 of the M123 Local Government Finance Act 1988 (authority’s duties as regards reports) shall be amended as follows.

(2) After subsection (1) there shall be inserted—

“(1A) Where the report under section 114 above is a report by the chief finance officer of the Greater London Authority, section 115A below shall have effect in place of subsections (2) and (3) below.”

(3) After subsection (3) there shall be inserted—

“(3A) In the case of the London Development Agency or Transport for London, Part VA of the 1972 Act (access to meetings etc) shall have effect in relation to the meeting as if that authority were a principal council.”

(4) After subsection (4) (which prevents delegation under section 101(2) of the M124 Local Government Act 1972) there shall be inserted—

“(4A) In the case of the London Development Agency or Transport for London, neither—

(a) paragraph 7 of Schedule 2 to the M125 Regional Development Agencies Act 1998 (delegation by London Development Agency etc), nor

(b) paragraph 7 of Schedule 10 to the 1999 Act (delegation by Transport for London),

shall apply to the duty under subsection (2) above.”

(5) After subsection (9) (the prohibition period) there shall be inserted—

“(9A) In the application of this section where the report under section 114 above is a report by the chief finance officer of the Greater London Authority, subsection (9) above shall have effect with the substitution for paragraph (b) of—

“(b) ending with the first business day to fall after the day (if any) on which the Mayor makes the decisions under section 115A(6) below ”.”

(6) In subsection (10) (immaterial for subsection (9)(b) that subsection (3) is not complied with) after subsection (3) above there shall be inserted “ , or, where section 115A below applies, subsection (4) or (8) of that section, ”.

(7) In subsection (11) (nature of decisions at meeting immaterial for subsection (9)(b)) after decisions made at the meeting there shall be inserted “ , or, where section 115A below applies, by the Mayor under subsection (6) of that section, ”.

(8) After subsection (12) there shall be added—

“(13) In the application of this section in relation to the Greater London Authority, the references to the authority in subsections (5) to (12) above shall be taken as references to the Greater London Authority whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly.

(14) In this section—

• the Assembly means the London Assembly;

• the Mayor means the Mayor of London.”

(9) After section 115 of the M126 Local Government Finance Act 1988 there shall be inserted—

“115A Duties of Mayor of London and London Assembly as regards reports.

(1) This section applies where copies of a report under section 114 above by the chief finance officer of the Greater London Authority have been sent under section 114(4) above.

(2) The Mayor shall consider the report preparatory to making the decisions under subsection (6) below.

(3) The Assembly shall consider the report at a meeting where it shall decide—

(a) whether it agrees or disagrees with the views contained in the report; and

(b) what action (if any) it recommends that the Mayor should take in consequence of it.

(4) The meeting must be held not later than the end of the period of 21 days beginning with the day on which the copies of the report are sent.

(5) The Mayor must attend the meeting.

(6) After the meeting, the Mayor shall decide—

(a) whether he agrees or disagrees with the views contained in the report; and

(b) what action (if any) he proposes to take in consequence of it.

(7) In making any decision under subsection (6) above, the Mayor shall take account of any views or recommendations of the Assembly at the meeting.

(8) The Mayor must make the decisions under subsection (6) above before the end of the period of 14 days beginning with the day on which the meeting of the Assembly concludes.

(9) Any functions of the Mayor under this section must be exercised by the Mayor personally.

(10) Section 54 of the 1999 Act (discharge of Assembly functions by committees etc) shall not apply in relation to any function of the Assembly under this section.

(11) In this section—

• the Assembly means the London Assembly;

• the Mayor means the Mayor of London.”

Commencement Information

I36 S. 131 wholly in force at 3.7.2000; s. 131 not in force at Royal Assent see s. 425(2); s. 131 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 131 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

M123 1988 c. 41.

M124 1972 c. 70.

M125 1998 c. 45.

M126 1988 c. 41.

132 Monitoring officer not to be chief finance officer etc. E+W+S

(1) Section 5 of the M127 Local Government and Housing Act 1989 (designation and reports of monitoring officer) shall be amended as follows.

(2) In subsection (8) (interpretation) in the M128 definition of chief finance officerafter Local Government Finance Act 1988 there shall be inserted “ , section 127(2) of the Greater London Authority Act 1999 ”.

Commencement Information

I37 S. 132 wholly in force at 3.7.2000; s. 132 not in force at Royal Assent see s. 425(2); s. 132 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 132 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

M127 1989 c. 42.

M128 1988 c. 41.

Accounts and audit E+W+S

133 Application of the Audit Commission Act 1998. E+W+S

(1) In Schedule 2 to the M129 Audit Commission Act 1998 (accounts subject to audit) in paragraph 1 (bodies to whose accounts section 2 applies) after paragraph (b) there shall be inserted—

“(bb) the Greater London Authority;

(bc) a functional body;

(bd) the London Pensions Fund Authority;”.

(2) Schedule 8 to this Act (which makes further amendments of the M130 Audit Commission Act 1998) shall have effect.

Commencement Information

I38 S. 133 wholly in force at 3.7.2000; s. 133 not in force at Royal Assent see s. 425(2); s. 133 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 133 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

M129 1998 c. 18.

M130 1998 c. 18.

134 Summary statement of accounts of Authority and other bodies. E+W+S

(1) For each financial year the Authority shall prepare a summary statement of accounts.

(2) The summary statement of accounts shall be in respect of the Authority, the functional bodies and the London Pensions Fund Authority.

(3) Subsection (1) above is without prejudice to any other duty of the Authority, a functional body or the London Pensions Fund Authority to prepare accounts or statements of accounts.

(4) Section 14 of the M131 Audit Commission Act 1998 (inspection of statements of accounts and auditors’ reports) shall apply in relation to a summary statement of accounts required to be prepared under this section as it applies in relation to a statement of accounts prepared by the Authority under regulations under section 27 of that Act.

(5) Sections 15 to 24 of the M132 Audit Commission Act 1998 (public inspection etc and action by the auditor, and prevention of unlawful expenditure) shall not apply in relation to a summary statement of accounts required to be prepared under this section.

(6) Section 27 of the M133 Audit Commission Act 1998 (accounts and audit regulations) shall apply in relation to a summary statement of accounts required to be prepared under this section as it applies in relation to accounts or statements of accounts.

Marginal Citations

M131 1998 c. 18.

M132 1998 c. 18.

M133 1998 c. 18.

135 Information for purposes of section 134. E+W+S

(1) A body to which this section applies shall, at the request of the Mayor, provide the Authority with such information relating to any accounts or statement of accounts of the body as may be specified or described in the request.

(2) The bodies to which this section applies are—

(a) each of the functional bodies; and

(b) the London Pensions Fund Authority.

(3) The information shall be provided in such form and manner, and within such time, as may be specified in the request.

(4) The information that may be requested under subsection (1) above is such information as may be required for the purpose of discharging the functions of the Authority under or by virtue of section 134 above.

Chapter VI E+W+S Miscellaneous and Supplementary Provisions

136 Amendment of cross-references to provisions of Chapter I. E+W+S

F33 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Schedule 9 to this Act (which contains amendments to the M134 Local Government Finance Act 1992 correcting references to provisions of this Act which have since been renumbered) shall have effect.

Textual Amendments

F33 S. 136(1) repealed (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(2)(f)(viii), Sch. 8 Pt. 1

Commencement Information

I39 S. 136 wholly in force at 3.7.2000; s. 136 not in force at Royal Assent see s. 425(2); s. 136(1) in force at 12.1.2000 by S.I. 1999/3434, art. 2; s. 136(2) in force at 3.7.2000 by S.I. 1999/3434, art. 4

Marginal Citations

M134 1992 c. 14.

137 Council tax: no Crown exemption for Authority or functional bodies. E+W+S

(1) Section 19 of the M135 Local Government Finance Act 1992 (exclusion from Crown exemption in certain cases) shall be amended as follows.

(2) In subsection (3) (which specifies the excluded bodies) after paragraph (b) there shall be inserted—

“(bb) the Greater London Authority;

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

Marginal Citations

M135 1992 c. 14.

138 No discretionary rate relief for functional bodies. E+W+S

(1) Section 47 of the M136 Local Government Finance Act 1988 (discretionary relief) shall be amended as follows.

(2) In subsection (9) (which provides that a hereditament is an excepted hereditament, and accordingly not eligible for relief, if all or part of it is occupied by any body there mentioned) at the end of paragraph (b) (which relates to precepting authorities) there shall be added “; or

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

Marginal Citations

M136 1988 c. 41.

139 Local loans. E+W+S

(1) In Schedule 4 to the M137 National Loans Act 1968 (which specifies the bodies to which local loans may be made) in paragraph 1, in paragraph (a) of the definition of local authority, the word and immediately preceding sub-paragraph (iii) shall be omitted and after that sub-paragraph there shall be added “; and

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

(2) In section 2 of the M138 Public Works Loans Act 1965 (new form of local loan and automatic charge for securing it) in subsection (1) (which includes a definition of relevant authority) in paragraph (a), the word and immediately preceding sub-paragraph (iii) shall be omitted and after that sub-paragraph there shall be added “; and

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

Marginal Citations

M137 1968 c. 13.

M138 1965 c. 63.

140 Functions of Mayor or Assembly under or by virtue of this Part. E+W+S

(1) The functions conferred or imposed on the Authority under or by virtue of this Part shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(2) Subsection (1) above does not apply in relation to any function expressly conferred or imposed on the Assembly.

Part IV U.K. Transport

Chapter I E+W+S Transport functions of the Authority

The general transport duty E+W+S

141 General transport duty. E+W+S

(1) The Mayor shall develop and implement policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services to, from and within Greater London.

(2) The powers of the Authority under this Part shall be exercised for the purpose of securing the provision of the transport facilities and services mentioned in subsection (1) above.

(3) The transport facilities and services mentioned in subsection (1) above include facilities and services for pedestrians and are—

(a) those required to meet the needs of persons living or working in, or visiting, Greater London, and

(b) those required for the transportation of freight.

The transport strategy E+W+S

142 The Mayor’s transport strategy. E+W+S

(1) The Mayor shall prepare and publish a document to be known as the transport strategy containing—

(a) his policies under section 141(1) above, and

(b) his proposals for discharging the duty under section 141(2) above.

(2) In addition to containing the proposals and policies required by subsection (1) above, the transport strategy—

(a) shall contain the Mayor’s proposals for the provision of transport which is accessible to persons with mobility problems,

(b) shall specify a timetable for the implementation of the proposals contained in the transport strategy by virtue of paragraph (a) above, and

(c) may contain any other proposals which he considers appropriate.

(3) Where the Mayor revises the transport strategy he shall publish it as revised.

(4) In preparing or revising the transport strategy the Mayor shall consult—

(a) the Disabled Persons Transport Advisory Committee, and

(b) such other persons or bodies which represent the interests of persons with mobility problems as he considers it appropriate to consult;

and this subsection is without prejudice to section 42 above.

(5) In this Act, references to the transport strategy include, except where the context otherwise requires, a reference to the transport strategy as revised.

143 Directions by the Secretary of State. E+W+S

(1) Where the Secretary of State considers that—

(a) the transport strategy (or any part of it) is inconsistent with national policies relating to transport, and

(b) the inconsistency is detrimental to any area outside Greater London,

he may direct the Mayor to make such revisions of the transport strategy in order to remove the inconsistency as may be specified in the direction.

(2) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall revise the transport strategy in accordance with the direction.

144 Duties of London borough councils etc. E+W+S

(1) In exercising any function—

(a) a London borough council,

(b) the Common Council, and

(c) any body or person exercising statutory functions in relation to Greater London or any part of Greater London,

is to have regard to the transport strategy.

(2) The Mayor may issue guidance in writing about the implementation of the transport strategy to any council, body or person falling within subsection (1) above.

(3) A council, body or person to whom guidance has been issued under subsection (2) above is to have regard to the guidance in exercising any function.

(4) In exercising any functions in relation to the management of roads or traffic in a Royal Park in Greater London the Secretary of State shall have regard to the transport strategy.

(5) In this section Royal Park means any park to which the M139 Parks Regulation Act 1872 applies (see sections 1 and 3 of the M140 Parks Regulation (Amendment) Act 1926).

Marginal Citations

M139 1872 c. 15.

M140 1926 c. 36.

Local implementation plans E+W+S

145 Preparation of the plan. E+W+S

(1) As soon as reasonably practicable after the Mayor has published the transport strategy under section 142 above, each London borough council shall prepare a plan (a local implementation plan) containing its proposals for the implementation of the transport strategy in its area.

(2) In preparing a local implementation plan under subsection (1) above, each London borough council shall consult—

(a) the relevant Commissioner or, if the council considers it appropriate, both Commissioners,

(b) Transport for London,

(c) such organisations representative of disabled persons as the council considers appropriate,

(d) each other London borough council whose area is, in the opinion of the council preparing the local implementation plan, likely to be affected by the plan, and

(e) any other body or person required to be consulted under this section by virtue of a direction given to the council by the Mayor under section 153 below.

(3) Each local implementation plan shall include—

(a) a timetable for implementing the different proposals in the plan, and

(b) the date by which all the proposals contained in the plan will be implemented.

(4) For the purposes of this section and sections 146 to 153 below, the Common Council shall be treated as if it were a London borough council.

(5) In subsection (2)(a) above, the relevant Commissioner means—

(a) in relation to a local implementation plan prepared by the Common Council, the Commissioner of Police for the City of London, and

(b) in relation to a local implementation plan prepared by a council other than the Common Council, the Commissioner of Police of the Metropolis.

146 Approval of plans by the Mayor. E+W+S

(1) Each London borough council shall submit its local implementation plan to the Mayor for his approval.

(2) The Mayor may approve any local implementation plan submitted to him under subsection (1) above.

(3) The Mayor shall not approve a local implementation plan submitted to him under subsection (1) above unless he considers—

(a) that the local implementation plan is consistent with the transport strategy,

(b) that the proposals contained in the local implementation plan are adequate for the purposes of the implementation of the transport strategy, and

(c) that the timetable for implementing those proposals, and the date by which those proposals are to be implemented, are adequate for those purposes.

147 Power of the Mayor to prepare a plan. E+W+S

(1) Where it appears to the Mayor that a London borough council has failed—

(a) to prepare a local implementation plan in accordance with the requirements of section 145 above, or

(b) to submit a local implementation plan to him for approval under section 146 above,

the Mayor may issue to the council a direction under section 153 below requiring the council to do so within such period as the Mayor shall specify in the direction.

(2) Where the Mayor has issued a direction of the kind mentioned in subsection (1) above, but the council has not complied with the direction within a reasonable time, the Mayor may prepare a local implementation plan on behalf of the council.

(3) Where the Mayor refuses to approve under subsection (2) of section 146 above a local implementation plan, the London borough council which submitted the plan shall prepare a new local implementation plan and submit it to the Mayor under subsection (1) of that section, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.

(4) Where the Mayor—

(a) refuses to approve a local implementation plan under section 146 above, and

(b) has served on the London borough council who prepared the local implementation plan a notice under subsection (3) above,

the Mayor may prepare a local implementation plan on behalf of the council.

(5) Where the Mayor prepares a local implementation plan on behalf of a London borough council, he shall in preparing the plan consult—

(a) the council on whose behalf he is preparing the plan,

(b) the relevant Commissioner or, if the Mayor considers it appropriate, both Commissioners,

(c) Transport for London,

(d) such organisations representative of disabled persons as the Mayor considers appropriate, and

(e) each other London borough council whose area is in the opinion of the Mayor likely to be affected by the plan.

(6) A local implementation plan prepared by the Mayor under this section shall include the matters required to be contained or included in the plan under section 145(1) and (3) above by a London borough council.

(7) Where the Mayor prepares a local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.

(8) In subsection (5)(b) above, the relevant Commissioner means—

(a) in relation to a local implementation plan prepared on behalf of the Common Council, the Commissioner of Police for the City of London, and

(b) in relation to a local implementation plan prepared on behalf of a council other than the Common Council, the Commissioner of Police of the Metropolis.

148 Revision. E+W+S

(1) A London borough council may at any time prepare such revisions as it considers appropriate to the council’s local implementation plan.

(2) Where the Mayor revises the transport strategy under section 41(2) above, each London borough council shall as soon as reasonably practicable after the Mayor has published the transport strategy as revised prepare such revisions to the council’s local implementation plan as it considers are necessary in order to implement that strategy in its area.

(3) Where a London borough council considers that no revisions are required to be prepared under subsection (2) above the council shall notify the Mayor.

(4) For the purposes of this section, the local implementation plan, in relation to any London borough council, means whichever of the following has been most recently approved, or as the case may be, prepared, by the Mayor, namely—

(a) a local implementation plan prepared by the council and approved by the Mayor under section 146 above;

(b) a local implementation plan, as proposed by the council to be revised, approved by the Mayor under that section; and

(c) a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of the council.

149 Procedure for revision. E+W+S

(1) In preparing any revisions under section 148 above a London borough council shall consult the bodies and persons required to be consulted under subsection (2) of section 145 above, taking the references in paragraph (d) of that subsection and in subsection (5) of that section to the local implementation plan as references to revisions under section 148 above.

(2) Each local implementation plan as proposed to be revised shall include the matters specified in section 145(1) and (3) above.

(3) The provisions of section 146 above shall apply to a London borough council’s local implementation plan as proposed to be revised as they apply to the council’s local implementation plan.

150 Power of the Mayor to prepare a revised plan. E+W+S

(1) Where the Mayor has published the transport strategy as revised but it appears to the Mayor that a London borough council has failed—

(a) to prepare such revisions to the council’s local implementation plan, or

(b) to submit to him for approval such a local implementation plan as proposed to be revised,

as the Mayor considers necessary in order to implement in the council’s area the transport strategy as revised, the Mayor may issue to the council a direction under section 153 below requiring the council to do so within such period as the Mayor shall specify in the direction.

(2) Where the Mayor has issued a direction of the kind mentioned in subsection (1) above but the council has not complied with the direction within a reasonable time, the Mayor may prepare a revised local implementation plan on behalf of the council.

(3) Where the Mayor refuses to approve under subsection (2) of section 146 above a local implementation plan as proposed to be revised, the London borough council which submitted the plan shall prepare new revisions and submit to the Mayor under subsection (1) of that section a new local implementation plan as proposed to be revised, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.

(4) Where the Mayor—

(a) refuses to approve under subsection (2) of section 146 above a local implementation plan as proposed to be revised, and

(b) has served on the London borough council who submitted the plan a notice under subsection (3) above,

the Mayor may prepare a revised local implementation plan on behalf of the council.

(5) In preparing a revised local implementation plan the Mayor shall consult the bodies and persons required to be consulted under subsection (5) of section 147 above, taking the references in paragraphs (a) and (e) of that subsection and in subsection (8) of that section to a local implementation plan prepared on behalf of a London borough council as references to a revised local implementation plan prepared on behalf of such a council.

(6) A revised local implementation plan prepared by the Mayor under this section shall include the matters specified in section 145(1) and (3) above.

(7) Where the Mayor prepares a revised local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.

151 Implementation by a London borough council. E+W+S

(1) Where the Mayor has approved a local implementation plan, or a local implementation plan as proposed to be revised, submitted to him under section 146(1) above, the London borough council which submitted the plan—

(a) shall implement the proposals contained in it in accordance with the timetable included by virtue of section 145(3)(a) above, or, as the case may be, section 149(2) above, and

(b) shall implement all the proposals contained in it by the date included by virtue of section 145(3)(b) above, or, as the case may be, section 149(2) above.

(2) Where the Mayor has prepared a local implementation plan or a revised local implementation plan on behalf of a London borough council under section 147 above, or, as the case may be, section 150 above, subsection (1) above shall apply in relation to the implementation by the council of the proposals contained in the plan as if the plan were a local implementation plan approved by the Mayor under section 146 above, or, as the case may be, a local implementation plan as proposed to be revised, approved by the Mayor u der that section.

152 Implementation by the Mayor. E+W+S

(1) Where the Mayor considers—

(a) that a London borough council has failed, or is likely to fail, satisfactorily to implement any proposal contained in a local implementation plan as required by section 151(1)(a) above, or

(b) that such a council has failed, or is likely to fail, to implement all such proposals as required by section 151(1)(b) above,

he may, for the purposes of implementing the proposals contained in the local implementation plan, exercise on behalf of the council the powers that the council has in connection with the implementation of those proposals.

(2) Subsection (1) above applies in relation to a local implementation plan, as proposed to be revised, approved by the Mayor under section 146 above as it applies to a local implementation plan approved by the Mayor under that section.

(3) Where the Mayor considers that a London borough council has failed to comply with any direction issued by him under section 153 below, he may exercise on behalf of the council such of the powers of the council as are necessary for the purposes of ensuring that the direction is complied with.

(4) Anything done by the Mayor in the exercise of powers conferred on him by virtue of this section shall be treated for all purposes as if it had been done by the London borough council on whose behalf he exercises the powers.

(5) Where the Mayor proposes to exercise any of the powers of a London borough council by virtue of this section he may direct the council not to exercise those or any other powers, in such circumstances or in relation to such matters, as may be specified in the direction.

(6) Where the Mayor issues a direction to a London borough council under subsection (5) above, the council shall comply with the direction.

(7) Any reasonable expenses incurred by the Mayor in the exercise of the powers of a London borough council by virtue of this section shall be recoverable by him from the council as a civil debt.

153 Directions by the Mayor. E+W+S

(1) The Mayor may issue to any London borough council—

(a) general directions as to the manner in which it is to exercise its functions under sections 145 to 151 above, or

(b) specific directions as to the manner in which it is to exercise those functions.

(2) Directions issued by the Mayor under subsection (1) above may include in particular directions—

(a) as to the timetable in accordance with which a local implementation plan or revisions to such a plan must be prepared,

(b) as to the bodies or persons who must be consulted about a local implementation plan or revisions to such a plan,

(c) as to the timetable mentioned in section 145(3)(a), 149(2) or 150(6) above,

(d) as to the date mentioned in section 145(3)(b), 149(2) or 150(6) above,

(e) as to the action required to be taken to implement the proposals contained in the local implementation plan in accordance with that timetable or by that date, or

(f) as to the steps required to be taken to remove the effects of action which is incompatible with such proposals.

(3) The reference in subsection (2)(e) above to the local implementation plan includes a reference to—

(a) a local implementation plan, as proposed by a London borough council to be revised, approved by the Mayor under section 146 above; and

(b) a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of a London borough council.

(4) Where the Mayor issues a direction to a London borough council under subsection (1) above, the council shall comply with the direction.

Chapter II U.K. Transport for London

Establishment and control E+W+S

154 Establishment. E+W+S

(1) There shall be a body corporate to be known as Transport for London.

(2) Transport for London shall have the functions conferred or imposed on it by this Act, or made exercisable by it under this Act, and any reference in this Act to the functions of Transport for London includes a reference to any functions made exercisable by it under this Act.

(3) Transport for London shall exercise its functions—

(a) in accordance with such guidance or directions as may be issued to it by the Mayor under section 155(1) below,

(b) for the purpose of facilitating the discharge by the Authority of the duties under section 141(1) and (2) above, and

(c) for the purpose of securing or facilitating the implementation of the transport strategy.

(4) Schedule 10 shall have effect with respect to Transport for London.

Commencement Information

I40 S. 154 wholly in force at 3.7.2000; s. 154 not in force at Royal Assent, see s. 425(2); s. 154(1)(4) in force (8.5.2000) by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 154 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

155 Directions etc by the Mayor. E+W+S

(1) The Mayor may issue to Transport for London—

(a) guidance as to the manner in which it is to exercise its functions,

(b) general directions as to the manner in which it is to exercise its functions, or

(c) specific directions as to the exercise of its functions.

(2) Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction.

(3) The guidance or directions which may be issued by the Mayor under subsection (1) above may include in particular guidance or directions as to the manner in which Transport for London—

(a) is to perform any of its duties, or

(b) is to conduct any legal proceedings.

(4) Any guidance or directions issued under subsection (1) must be issued in writing and notified to such officer of Transport for London as it may from time to time nominate to the Mayor for the purpose.

Modifications etc. (not altering text)

C38 S. 155(1) applied (with modifications) (temp.) (3.7.2000) by S.I. 2000/1504, arts. 4, 9(1)

Functions: general provisions E+W+S

156 General powers. E+W+S

(1) Transport for London may form, promote and assist, or join with any other person in forming, promoting and assisting, a company for the purpose of—

(a) carrying on any activities which Transport for London has power to carry on, or

(b) carrying on such activities together with activities which Transport for London does not have power to carry on.

(2) Transport for London may enter into and carry out agreements with any person for the carrying on by that person, whether as agent for Transport for London or otherwise, of any activities which Transport for London has power to carry on (and, in particular, with respect to the provision or financing of any public passenger transport services which Transport for London has power to provide).

(3) Transport for London may also enter into and carry out an agreement with any person for the carrying on by that person (the contractor) of any activities which Transport for London does not have power to carry on if the agreement includes provision for one or more of the following, namely—

(a) the carrying on by the contractor of such activities as are mentioned in subsection (2) above;

(b) the provision by the contractor to Transport for London of services ancillary to the provision of public passenger transport services; and

(c) the use by the contractor of land or other property owned by Transport for London, or transferred to the contractor by Transport for London, for the purposes of the agreement.

(4) Where an agreement has been entered into under subsection (2) or (3) above, the powers conferred on Transport for London by that subsection include power to enter into and carry out other agreements with other persons for the purpose of—

(a) fulfilling any condition which must be fulfilled before the agreement can have effect; or

(b) satisfying any requirement imposed by or under the agreement.

(5) Where—

(a) a company has been formed in the exercise of the powers conferred by subsection (1) above (whether by Transport for London alone or by Transport for London jointly with some other person); or

(b) Transport for London has entered into an agreement with any person in exercise of its powers under subsection (2) or (3) above;

Transport for London may enter into arrangements with that company or person for the transfer from Transport for London to that company or person, in such manner and on such terms (including payments by any of the parties to the arrangements to any of the other parties) as may be provided for by the arrangements, of any property, rights or liabilities of Transport for London relevant to the purpose for which the company was formed or (as the case may be) to the performance by that person of his obligatio s under the agreement.

(6) Without prejudice to section 173(1) or 176 below, Transport for London shall have power to enter into and carry out agreements with—

(a) any of its subsidiaries; or

(b) any person with whom it has entered into an agreement by virtue of subsection (2) or (3) above,

providing for Transport for London to give assistance to the other party to the agreement by making available to that party any services, amenities or facilities provided by, or any works or land or other property belonging to, Transport for London, on such terms (including the reciprocal provision by that other party of similar assistance for Transport for London) as may be agreed between them.

(7) The power of Transport for London under subsection (2) or (3) above to enter into an agreement as there mentioned is exercisable notwithstanding that the agreement involves the delegation of the functions of Transport for London under any enactment relating to any part of its undertaking.

(8) Schedule 11 to this Act shall have effect for conferring further powers on Transport for London for the purpose of the discharge by Transport for London of any of its functions and with respect to the other matters there mentioned.

Modifications etc. (not altering text)

C39 S. 156(2) extended (28.6.2000) by S.I. 2000/1462, art. 6

157 Restriction on exercise of certain powers except through a company. E+W+S

(1) The Secretary of State may by order made with the consent of the Treasury provide that Transport for London shall not carry on such activities as are specified in the order except through a company which is limited by shares and registered under the M141 Companies Act 1985 and which is—

(a) a subsidiary of Transport for London; or

(b) a company which Transport for London formed, or joined with others in forming, by virtue of section 156(1) above and which does not fall within paragraph (a) above.

(2) The specification of an activity in an order under subsection (1) above shall not—

(a) prevent Transport for London from entering into or carrying out under section 156(2) or (3) above an agreement with a person for the carrying on of that activity by that person; or

(b) affect the validity of such an agreement.

(3) If it appears to the Secretary of State that Transport for London is carrying out, or proposes to carry out, otherwise than in compliance with an order under subsection (1) above any activities specified in such an order—

(a) the Secretary of State may give a direction to Transport for London requiring it to comply with the order within such period as may be specified for the purpose in the order; and

(b) Transport for London shall be under a duty to comply with such a direction.

(4) If Transport for London does not comply with a direction under subsection (3) above in the case of an activity to which the direction relates, Transport for London shall be treated in respect of the carrying out of that activity as not being a local authority for the purposes of—

(a) section 519 of the M142 Income and Corporation Taxes Act 1988 (exemption of local authorities from income tax and corporation tax); and

(b) section 271 of the M143 Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).

Commencement Information

I41 S.157 wholly in force at 3.7.2000: s.157 in force at Royal Assent (11.11.1999)for certain purposes, see s.425(2); s. 157 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M141 1985 c. 6.

M142 1988 c. 1.

M143 1992 c. 12.

158 Power of Mayor to transfer functions. E+W+S

(1) For the purpose of enabling any person to carry on any activities for which provision is made by an agreement under section 156(2) or (3) above or by a transport subsidiary’s agreement, the Mayor may by order provide for any functions of Transport for London under any statutory provision to be exercisable by that person (whether to the exclusion of or concurrently with Transport for London).

(2) An order under this section may—

(a) provide for the functions to cease to be so exercisable when the activities cease to be carried on by that person (whether by reason of the expiry or termination of the agreement or otherwise); and

(b) make such supplementary, incidental and consequential provision as the Mayor considers expedient.

(3) The power of the Mayor to make an order under this section includes a power exercisable by order to revoke, amend or re-enact any such order.

(4) An order made by the Mayor under this section shall not have effect unless and until it is confirmed by an order made by the Secretary of State.

(5) This section does not apply to any function of Transport for London under this Act or any other statutory provision specifically amended by any provision of this Act.

(6) Any reference in this section to Transport for London includes a reference to a subsidiary of Transport for London.

Commencement Information

I42 S.158 wholly in force at 3.7.2000: s.158 in force at Royal Assent (11.11.1999)for certain purposes, see s.425(2); s. 158 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Financial provisions U.K.

159 Financial assistance. U.K.

(1) Transport for London may give financial assistance to any body or person in respect of expenditure incurred or to be incurred by that body or person in doing anything which in the opinion of Transport for London is conducive to the provision of safe, integrated, efficient and economic transport facilities or services to, from or within Greater London.

(2) Financial assistance may be given under this section by way of grant, loan or other payment.

(3) The financial assistance that may be given to any London authority under this section includes in particular assistance in respect of any expenditure incurred or to be incurred by the authority in discharging any function of a highway authority or traffic authority.

(4) In deciding whether to give financial assistance to a London authority under this section, and if so the amount or nature of any such assistance, the matters to which Transport for London may have regard include—

(a) any financial assistance or financial authorisation previously given to the authority by any body or person, and

(b) the use made by the authority of such assistance or authorisation.

(5) In subsection (4) above, financial authorisation means authorisation allowing the authority to incur financial obligations.

(6) Financial assistance under this section may be given subject to such conditions as Transport for London considers appropriate, including (in the case of a grant) conditions for repayment in whole or in part in specified circumstances.

(7) In this section—

• highway authority has the same meaning as in the M144 Highways Act 1980 (see in particular sections 1 to 9 of that Act);

• London authority means any London borough council or the Common Council; and

• traffic authority has the same meaning as in the M145 Road Traffic Regulation Act 1984 (see sections 121A and 142(1) of that Act).

(8) In section 88(2) of the M146 Local Government Finance Act 1988 (list of defined councils to which transport grants are payable by the Secretary of State under section 87 of that Act)—

(a) at the end of paragraph (aa) there shall be inserted “ and ”; and

(b) paragraphs (c) and (d) (which include in the list of defined councils the London borough councils and the Common Council) shall cease to have effect.

(9) This section is without prejudice to any other power of Transport for London.

Marginal Citations

M144 1980 c. 66.

M145 1984 c. 27.

M146 1988 c. 41.

160 Guarantees. E+W+S

(1) Transport for London may guarantee to discharge any financial obligation of—

(a) a subsidiary of Transport for London;

(b) any person (other than such a subsidiary) with whom Transport for London has entered into an agreement by virtue of section 156(2) or (3) above, where the guarantee is given for the purpose of enabling that person to carry out the agreement; or

(c) any person (other than such a subsidiary) with whom such a subsidiary has entered into a transport subsidiary’s agreement, where the guarantee is given for the purpose of enabling that person to carry out the agreement.

(2) Transport for London may, for the purposes of discharging any of its functions, guarantee to discharge any financial obligation incurred or to be incurred by any person for the purposes of—

(a) an undertaking carried on by him; or

(b) where the person is a body corporate, an undertaking carried on by a subsidiary of that body corporate.

(3) A guarantee under this section may be subject to such conditions as Transport for London considers appropriate.

(4) Transport for London may enter into arrangements with another person under which that person gives a guarantee which Transport for London has power to give under this section.

(5) Where Transport for London enters into arrangements by virtue of subsection (4) above, the arrangements may provide for Transport for London to indemnify the person who gives the guarantee.

(6) This section is without prejudice to any other power of Transport for London.

Reports and information E+W+S

161 Annual report. E+W+S

(1) Transport for London shall, as soon as possible after the end of each financial year, make to the Authority a report on the exercise and performance by Transport for London of its functions during the year.

(2) The report shall deal with—

(a) the contribution made by Transport for London towards the implementation of the transport strategy;

(b) the activities of any subsidiaries of Transport for London, so far as relevant to the performance of the functions of Transport for London during the year in question;

(c) any financial assistance given under section 159 above;

(d) any guarantees given under section 160(1) or (2) above;

(e) any arrangements entered into under section 160(4) above; and

(f) any indemnities given by virtue of section 160(5) above.

(3) The report made under this section in respect of any financial year shall include such information as the Mayor may from time to time specify in writing with respect to any matter the report is required to deal with by virtue of subsection (1) or (2) above.

(4) Transport for London shall publish any report made under this section.

(5) A copy of any report made under this section shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(6) A copy of any report made under this section, or any part of any such report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(7) In this section the appropriate period in the case of a report under this section is the period of six years beginning with the date of publication of the report pursuant to this section.

162 Provision of information. E+W+S

(1) Transport for London shall make available such information as it thinks fit which—

(a) relates to public passenger transport services provided to, from and within Greater London, and

(b) is required by members of the general public to assist in deciding what use to make of such services.

(2) The information shall be made available, in such manner as Transport for London thinks fit, to—

(a) the general public, and

(b) such other persons as Transport for London thinks fit.

(3) Transport for London may make such charges as it thinks fit for information which it makes available; but no such charge may be made if the information relates to public passenger transport services provided exclusively—

(a) by Transport for London or any of its subsidiaries, or

(b) by other persons under any transport subsidiary’s agreement or under agreements entered into under section 156(2) or (3) above.

Property and subsidiaries E+W+S

163 Restrictions on disposal of land. E+W+S

(1) Neither Transport for London nor the Authority shall by virtue of any provision of this Act—

(a) dispose of the freehold interest in any land which is or has been operational land, or

(b) grant a leasehold interest in such land for a term of more than fifty years,

without the consent of the Secretary of State.

(2) Where an estate or interest in, or right over, any land which is or has been operational land is vested in a company which is a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company would cease to be a subsidiary of Transport for London.

(3) Consent is not required under this section by reason of any land having been operational land if a period of at least five years has elapsed since the land was last operational land.

(4) The Secretary of State may by order amend subsection (3) above by substituting a different period for that for the time being there specified.

(5) Any consent of the Secretary of State under this section—

(a) may be given in relation to any particular transaction or description of transactions; and

(b) may be given subject to conditions.

(6) Consent given under this section shall be given in an order made by the Secretary of State.

(7) Any question whether land is operational land within the meaning of this section shall be determined by the Secretary of State.

(8) In this section—

• operational land means—

  (a)

  land which is used for the purpose of carrying on any railway or tramway undertaking of Transport for London’s or of a subsidiary of Transport for London’s; and

  (b)

  land in which an interest is held for that purpose;

  but paragraphs (a) and (b) above do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of a railway or tramway undertaking;

• railway and tramway shall be construed in accordance with section 67 of the M147 Transport and Works Act 1992.

(9) For the purposes of this section, land—

(a) which has at any time been used, or

(b) in which an interest has at any time been held,

for the purpose of carrying on a railway or tramway undertaking of London Regional Transport’s, or of a subsidiary of London Regional Transport’s, shall be treated as if that undertaking had at that time been an undertaking of Transport for London’s or of a subsidiary of Transport for London’s (and any question whether the land was, or had ceased to be, operational land at any time shall be determined accordingly).

Modifications etc. (not altering text)

C40 S. 163 excluded (30.4.2002) by S.I. 2002/1066, art. 41(5)

Commencement Information

I43 S.163 wholly in force at 3.7.2000: s.163 in force at Royal Assent (11.11.1999)for certain purposes, see s.425(2); s. 163 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M147 1992 c. 42.

164 Control of subsidiaries. E+W+S

The powers of the Authority and the powers of Transport for London shall be exercised so as to ensure that a subsidiary of Transport for London—

(a) does not do anything which Transport for London has no power to do (including anything which Transport for London has no power to do because the consent of the Secretary of State has not been obtained),

(b) does not do anything which the Mayor has directed Transport for London not to do, and

(c) does not, except with the consent of the Mayor, raise money by the issue of shares or stock to any person other than Transport for London or any other subsidiary of Transport for London.

165 Distribution of property, rights and liabilities. E+W+S

(1) Transport for London may make schemes for the transfer of property, rights and liabilities—

(a) between Transport for London and any subsidiary of Transport for London; or

(b) between any subsidiary of Transport for London and any other such subsidiary.

(2) A scheme under this section shall not take effect unless and until it has been approved by the Mayor.

(3) Where a scheme under this section is submitted to the Mayor for his approval, he may, after consultation with Transport for London, modify the scheme before approving it.

(4) Schedule 12 to this Act (which makes further provision in relation to schemes under this section) shall have effect.

Functions relating to legislation U.K.

166 Procedure for making byelaws. U.K.

(1) Section 236 of the M148 Local Government Act 1972 (procedure for byelaws) shall be amended as follows.

(2) In subsection (1) after the words “the Greater London Authority” (which are inserted by section 76(2) above) there shall be inserted “ ,Transport for London ”.

(3) After subsection (10B) (which is inserted by section 76(3) above) there shall be inserted—

“(10C) Transport for London shall send a copy of every byelaw made by it, and confirmed, to—

(a) the Mayor of London;

(b) each London Borough Council; and

(c) the Common Council.”

Marginal Citations

M148 1972 c. 70.

167 Power of Transport for London to promote or oppose Bills in Parliament. E+W+S

(1) Transport for London—

(a) may promote a local Bill in Parliament; and

(b) may oppose any local Bill in Parliament.

(2) Subsection (1)(a) above applies only if the Authority—

(a) gives its written consent to the Bill; and

(b) confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.

(3) If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to Transport for London, which shall take all necessary steps for the withdrawal of the Bill.

(4) If the Authority, in giving notice under subsection (3) above, states that it confirms its consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, Transport for London may, instead of withdrawing the Bill pursuant to subsection (3) above, take all necessary steps for the omission or, as the case may be, the amendment of the provisions in question in accordance with the notice.

(5) Without prejudice to subsections (2) to (4) above, the functions conferred on Transport for London by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 13 to this Act.

(6) Subsection (1)(b) above applies only if the Authority gives its written consent to Transport for London to oppose the Bill.

(7) If—

(a) Transport for London deposits a petition against a Bill in Parliament, but

(b) the consent required by subsection (6) above has not been given before the end of the period of 30 days following the day on which the petition is deposited,

Transport for London shall take all necessary steps for the withdrawal of the petition.

(8) The functions conferred or imposed on the Authority by this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(9) Before exercising the functions conferred on the Authority by subsection (2)(a) or (b), (4) or (6) above, the Mayor shall consult the Assembly.

168 Orders under the Transport and Works Act 1992. U.K.

(1) Section 20 of the M149 Transport and Works Act 1992 (power to apply for, or object to, orders) shall be amended as follows.

(2) In subsection (2) (powers to be subject to the like conditions as powers to promote or oppose Bills) after except as provided by subsection (3) there shall be inserted “ or (4) ”.

(3) After subsection (3) there shall be inserted—

“(4) In the case of Transport for London—

(a) the powers conferred by subsection (1) above shall be exercisable with the written consent of the Mayor of London; and

(b) subsection (2) above shall not have effect.”

Marginal Citations

M149 1992 c. 42.

Interpretation E+W+S

169 Meaning of transport subsidiary’s agreement. E+W+S

(1) In this Act transport subsidiary’s agreement means an agreement with a person (the contractor)—

(a) which is entered into by, or transferred to, a subsidiary of Transport for London, and

(b) which falls within subsection (2) or (3) below.

(2) An agreement falls within this subsection if it includes provision for the carrying on by the contractor, whether as agent for the subsidiary or otherwise, of any activities which Transport for London has power to carry on; and such an agreement may include provision with respect to the provision or financing of any public passenger transport services.

(3) An agreement falls within this subsection if it includes provision for the carrying on by the contractor of any activities which Transport for London does not have power to carry on and also provision for one or more of the following, namely—

(a) the carrying on by the contractor of such activities as are mentioned in subsection (2) above;

(b) the provision by the contractor to the subsidiary of services ancillary to the provision of public passenger transport services; and

(c) the use by the contractor of land or other property owned by Transport for London or a subsidiary of Transport for London, or transferred to the contractor by Transport for London or a subsidiary of Transport for London, for the purposes of the agreement.

Chapter III E+W+S London Regional Transport

170 Powers of disposal. E+W+S

(1) Section 9 of the M150 London Regional Transport Act 1984 (powers of disposal) shall be amended as follows.

(2) In subsection (1)(a) (power to dispose of securities of one of their subsidiaries) for one of their subsidiaries there shall be substituted “ any subsidiary of theirs ”.

(3) At the end of the section there shall be added—

“(8) In this section—

• disposal means disposal—

  (a)

  by way of sale, exchange or lease,

  (b)

  by way of the grant of any option or the creation of any easement, right or privilege, or

  (c)

  in any other manner, except by way of appropriation or mortgage,

  and dispose of shall be construed accordingly;

• lease includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage.”

Marginal Citations

M150 1984 c. 32.

171 Power to give guarantees. E+W+S

(1) Section 17 of the M151 London Regional Transport Act 1984 (power of London Regional Transport to give financial assistance to subsidiaries and other bodies or persons) shall be amended as follows.

(2) In subsection (2) after section 3(2) there shall be inserted “ or (2A) ”.

(3) After subsection (3) there shall be inserted—

“(3A) London Regional Transport may enter into arrangements with another person under which that person gives a guarantee which London Regional Transport has power to give under this section.

(3B) Where London Regional Transport enters into arrangements by virtue of subsection (3A) above, the arrangements may provide for London Regional Transport to indemnify the person who gives the guarantee.”

Marginal Citations

M151 1984 c. 32.

172 Supplementary provisions with respect to transfer schemes. E+W+S

(1) Section 27 of the M152 London Regional Transport Act 1984 (supplementary provisions with respect to transfer schemes) shall be amended as follows.

(2) In subsection (9) (modifications of Schedule 4 to the M153 Transport Act 1968 in its application by subsection (8)) the word and at the end of paragraph (a) shall be omitted and after that paragraph there shall be inserted—

“(aa) the reference in paragraph 1(1) to all property, rights and liabilities comprised in a specified part of the transferor’s undertaking shall be read as including a reference to all such property, rights and liabilities subject to such exceptions as may be specified or described, or otherwise provided for, by the transfer scheme in question;

(ab) the reference in paragraph 13(1) to requiring the consent or concurrence of any person shall be read as including—

(i) a reference to being (and, where applicable, continuing after the transaction) in breach of any condition, requirement or restriction, and

(ii) a reference to any relevant right or option operating or becoming exercisable,

(and any such relevant right or option shall accordingly have effect as if the transferee were the same person in law as the transferor and no transaction had taken place); and”.

(3) After subsection (9) there shall be inserted—

“(10) In subsection (9)(ab) above relevant right or option means any right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property, or any right to terminate or vary a contract.”

Marginal Citations

M152 1984 c. 32.

M153 1968 c. 73.

Chapter IV E+W+S Public passenger transport

173 Provision of public passenger transport. E+W+S

(1) Transport for London may provide or secure the provision of public passenger transport services to, from or within Greater London.

(2) Without prejudice to section 176 below, any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above may in particular provide for—

(a) combined services for the through carriage of passengers or goods to be provided by Transport for London or any of its subsidiaries and any other party to the agreement, the quoting of through rates and the pooling of receipts and expenses in respect of such services;

(b) securing efficiency, economy and safety of operation in the provision of any public passenger transport services in pursuance of the agreement;

(c) the exercise by Transport for London, in accordance with the agreement, of control over fares in respect of any such services and their routes and frequency of operation and over charges in respect of any other facilities provided in pursuance of the agreement; and

(d) the making of payments by Transport for London to any other party to the agreement.

174 Structure of fares and services. E+W+S

(1) The Mayor shall exercise his powers under section 155(1) above so as ensure that the matters specified in subsection (2) below are determined.

(2) The matters mentioned in subsection (1) above are—

(a) the general level and structure of the fares to be charged for public passenger transport services provided by Transport for London or by any other person in pursuance of any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement;

(b) the general structure of routes of such services and the general level of provision to be made with respect to their frequency of operation; and

(c) the general level of charges to be made for other facilities provided as mentioned in paragraph (a) above.

Modifications etc. (not altering text)

C41 S. 174(1) extended (temp.) (3.7.2000) by S.I. 2000/1504, art. 4

175 Co-operation with the [F34 Strategic Rail Authority]. E+W+S

(1) It shall be the duty of Transport for London (either acting directly, or acting through a subsidiary) and the [F35 Strategic Rail Authority] to co-operate with one another in the exercise and performance of their respective functions for the purpose—

(a) of co-ordinating the passenger transport services for persons travelling to, from and within Greater London—

(i) which are provided by Transport for London or any of its subsidiaries, and

(ii) which are provided under franchise agreements, or whose provision is secured by the [F35 Strategic Rail Authority]pursuant to section 30, 37 or 38 of the M154 Railways Act 1993; and

(b) of securing or facilitating the duty of Transport for London under section 154(3) above;

and to afford to one another such information as to the services mentioned in paragraph (a) above as may reasonably be required for those purposes.

(2) For the purposes of the co-operation required under subsection (1) above, Transport for London and the [F35 Strategic Rail Authority] may enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient.

(3) The references in subsections (1) and (2) above to the functions of the [F36 Strategic Rail Authority] shall be taken as a reference to—

(a) [F37 its] functions under sections 23 to 31 of the M155 Railways Act 1993 (franchising of passenger services), and

(b) the duties imposed upon [F38 it] by sections 37 and 38 of that Act (discontinuance of railway passenger services) to secure the provision of services.

F39 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 S. 175: words in sidenote substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 59(1)(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F35 Words in s. 175(1)(a)(ii)(2) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 59(1)(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F36 Words in s. 175(3) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 59(1)(3)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F37 Words in s. 175(3)(a) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 59(1)(3)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F38 Word in s. 175(3)(b) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 59(1)(3)(c); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F39 S. 175(4) repealed (1.2.2001) by 2000 c. 38, ss. 215(1), 274, Sch. 16 para. 59(1)(4), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Marginal Citations

M154 1993 c. 43.

M155 1993 c. 43.

176 Co-operation with other persons. E+W+S

(1) Where a public passenger transport service is provided under—

(a) an agreement entered into by Transport for London under section 156(2) or (3)(a) above, or

(b) a transport subsidiary’s agreement,

by a person other than a subsidiary of Transport for London, it shall be the duty of that person and the other party to the agreement in question, either acting directly, or acting indirectly through subsidiaries of theirs, to co-operate with one another in the exercise and performance of their respective functions for the purposes specified in subsection (2) below.

(2) The purposes mentioned in subsection (1) above are—

(a) the co-ordinating of passenger transport services, and

(b) the securing of, or the facilitating of, the proper discharge of the duty of Transport for London under section 154(3) above.

(3) The duty of co-operation imposed by subsection (1) above requires both parties to an agreement under section 156(2) or (3)(a) above or to a transport subsidiary’s agreement to provide to one another such information as to their services as may reasonably be required for the purposes specified in subsection (2) above.

177 Provision of extra passenger transport services and facilities. E+W+S

(1) The council of a London borough and the Common Council shall each have power to enter into and carry out agreements with—

(a) Transport for London,

(b) the [F40 Strategic Rail Authority], or

(c) any person who is the holder of a passenger licence, a network licence or a station licence,

with respect to the provision or retention, and financing, of public passenger transport services and facilities which would not be available apart from any such agreement.

(2) Transport for London and the [F40 Strategic Rail Authority] shall each have power to enter into and carry out agreements with the council of a London borough or the Common Council with respect to the matters specified in subsection (1) above.

(3) The terms of an agreement entered into under this section shall be such as may be agreed between the parties to the agreement.

(4) Expressions used in this section and in Part I of the M156 Railways Act 1993 have the same meaning in this section as in that Part.

Textual Amendments

F40 Words in s. 177(1)(b)(2) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 60; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Marginal Citations

M156 1993 c. 43.

178 Information and publicity about plans as to services and fares. E+W+S

(1) Transport for London shall in each year inform the bodies mentioned in subsection (2) below of its current plans with respect to—

(a) the general level of transport services and facilities to be provided by Transport for London, any subsidiary of Transport for London or any other person in pursuance of an agreement entered into by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement;

(b) the general structure of routes of such services;

(c) the general level and structure of fares to be charged for such services; and

(d) the general level of charges to be made for such facilities.

(2) The bodies are—

(a) the London borough councils;

(b) the Common Council;

(c) the council of any county or district any part of whose area appears to Transport for London to be affected significantly by any plans falling within subsection (1) above; and

(d) the London Transport Users’ Committee.

(3) Transport for London shall cause particulars of the general level and structure of the fares falling within subsection (1)(c) above as they apply for the time being to be published in such manner as it thinks fit.

Chapter V E+W+S Regulation of bus services in Greater London

Introductory E+W+S

179 London local services. E+W+S

(1) In this Part—

• local service has the meaning given to it by section 2 of the M157 Transport Act 1985, and

• London local service means a local service with one or more stopping places in Greater London.

(2) Where a local service is or is to be provided both inside and outside Greater London, any part of the service which is or is to be provided outside Greater London shall be treated as a separate service for the purposes of this Part if there is any stopping place for that part of the service outside Greater London.

(3) For the purposes of this Part of this Act a service provided in pursuance of an agreement with the [F41 Strategic Rail Authority, entered into under section 214 of the Transport Act 2000] (temporary interruption of railway service), is not a London local service.

Textual Amendments

F41 Words in s. 179(3) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 58; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)

Marginal Citations

M157 1985 c. 67

180 Provision of London local services. E+W+S

(1) No London local service may be provided except in accordance with the provisions of this Chapter.

(2) If a London local service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) It shall be a defence for a person charged with an offence under subsection (2) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Modifications etc. (not altering text)

C42 S. 180 modified (28.6.2000) by S.I. 2000/1462, art. 4(1)(2)

The London bus network E+W+S

181 The London bus network. E+W+S

(1) Transport for London shall determine which London local services are required for the purpose of providing safe, integrated, efficient and economic transport services in Greater London.

(2) The determination made by Transport for London under subsection (1) above shall be kept under review and may be revised at any time.

(3) The London local services which Transport for London determines are required under this section shall be known collectively as the London bus network.

(4) A London local service which is part of the London bus network may be provided only—

(a) by Transport for London or any of its subsidiaries, or

(b) by any other person in pursuance of an agreement entered into by Transport for London under section 156(2) above or in pursuance of a transport subsidiary’s agreement.

(5) Transport for London shall so far as reasonably practicable provide or secure the provision of the London bus network.

182 London local service agreements. E+W+S

(1) Where a London local service which is part of the London bus network is provided in pursuance of an agreement entered into by Transport for London under section 156(2) above or in pursuance of a transport subsidiary’s agreement, the agreement shall be known as a London local service agreement.

(2) Where a London local service agreement relates to a local service part of which is to be provided outside Greater London, subsection (3) below applies to any provision contained in the agreement with respect to the carriage of passengers other than those who are both taken up and set down in Greater London.

(3) A provision of a description specified in subsection (2) above shall be of no effect if or so far as it is inconsistent with any condition attached under section 8 of the M158 Transport Act 1985 (enforcement of traffic regulation conditions etc by a traffic commissioner)—

(a) to a PSV operators’ licence held by the operator of the service, or

(b) to a permit under section 22 of the M159 Transport Act 1985 (a community bus permit).

Marginal Citations

M158 1985 c. 67.

M159 1985 c. 67.

183 Addition or variation of a network service. E+W+S

(1) Subsection (2) below applies where—

(a) Transport for London or any of its subsidiaries proposes to provide a new London local service or to vary an existing London local service,

(b) Transport for London proposes to enter into a London local service agreement for the provision of a new London local service, or

(c) Transport for London proposes to agree to a variation in an existing London local service provided pursuant to a London local service agreement,

and the proposal, if effected, would alter the London bus network.

(2) Transport for London shall before making a decision about the proposal consult—

(a) the commissioner or commissioners of police affected,

(b) the London authorities affected,

(c) the London Transport Users’ Committee, and

(d) any other person whom Transport for London considers it appropriate to consult,

about the matters specified in subsection (3) below relating to the proposed new service or the service as proposed to be altered.

(3) The matters mentioned in subsection (2) above are—

(a) the route,

(b) the terminal points,

(c) the points at which passengers may or may not be taken up and set down, and

(d) the place at which, or street by the use of which, vehicles used for the service may turn at a terminal point.

(4) For the purposes of this section, the London authorities affected by a proposal are the London authorities in whose area there is situated—

(a) any part of the route in question, or

(b) any of the places mentioned in subsection (3)(b) to (d) above.

(5) Where a place or street mentioned in paragraph (d) of subsection (3) above is situated in the area of a local authority other than a London authority, Transport for London is also required under subsection (2) above to consult that local authority about the matter specified in that paragraph.

(6) For the purposes of this section a commissioner of police is affected by a proposal if he is—

(a) the Commissioner of Police of the Metropolis, or

(b) the Commissioner of Police of the City of London,

and any part of the route in question, or any of the places mentioned in subsection (3)(b) to (d) above, is situated in the police area for which he is the Commissioner.

(7) For the purposes of this Chapter a London authority is any London borough council or the Common Council.

184 Discontinuance of a network service. E+W+S

(1) Subsection (2) below applies where—

(a) Transport for London or any of its subsidiaries proposes to discontinue a London local service which is part of the London bus network, or

(b) Transport for London proposes not to renew a London local service agreement pursuant to which a London local service which is part of the London bus network is provided,

except where Transport for London proposes that a service replacing the London local service in question and equivalent to it will be provided (whether by Transport for London or any of its subsidiaries, or pursuant to a London local service agreement).

(2) Transport for London shall before making a decision about the proposal consult—

(a) the London authorities affected,

(b) the London Transport Users’ Committee, and

(c) any other person whom Transport for London considers it appropriate to consult.

(3) For the purposes of this section the London authorities affected by a proposal are the London authorities in whose area there is situated any part of the route of the service in question.

Bus services outside the network E+W+S

185 London service permits. E+W+S

(1) A London local service which is not part of the London bus network may be provided only by a person who is authorised to provide the service by a permit granted by Transport for London (a London service permit).

(2) The Mayor shall prepare and adopt a document (the guidance document) containing the criteria by which applications for a London service permit will be considered.

(3) The Mayor shall keep the guidance document under review and may revise it at any time.

(4) Where the guidance document is revised, the Mayor shall adopt the document as revised.

Modifications etc. (not altering text)

C43 S. 185(1) modified (28.6.2000) by S.I. 2000/1462, art. 4(1)(3)

C44 S. 185(3): transfer of functions to the Secretary of State during "the interim guidance period" (as defined in S.I. 2000/1462, art. 7(10)) by S.I. 2000/1462, art. 7(4) (with art. 7(9))

186 Grant of London service permits. E+W+S

(1) An application for a London service permit shall be made in such manner and accompanied by such supporting evidence as may be determined by Transport for London.

(2) Transport for London may charge a fee—

(a) for processing the application for a London service permit under subsection (1) above,

(b) for granting a London service permit, or

(c) for both (a) and (b) above.

(3) In deciding whether to grant a London service permit Transport for London—

(a) shall have regard to the criteria contained in the guidance document,

(b) shall have regard to any other material considerations, and

(c) shall consult the persons and bodies specified in subsection (4) below.

(4) The persons and bodies mentioned in subsection (3)(c) above are—

(a) the London authorities affected,

(b) the commissioner or commissioners of police affected,

(c) the London Transport Users’ Committee, and

(d) any other person whom Transport for London considers it appropriate to consult.

(5) Where Transport for London grants a London service permit it shall send notice of the grant, including particulars of the services authorised by the permit to be provided, to the London Transport Users’ Committee, the London authorities affected and the commissioner or commissioners of police affected.

(6) For the purposes of this section, the London authorities affected are the London authorities in whose area there is situated any part of the route of the London local service to which the application for the London service permit relates.

(7) For the purposes of this section a commissioner of police is affected if he is—

(a) the Commissioner of Police of the Metropolis, or

(b) the Commissioner of Police of the City of London,

and any part of the route of the London local service to which the application for the London service permit relates is situated in the police area for which he is the Commissioner.

187 Conditions. E+W+S

(1) Transport for London may attach to a London service permit granted under section 186 above such conditions as it thinks fit.

(2) The conditions that may be attached to a London service permit by virtue of subsection (1) above include conditions for securing—

(a) that suitable routes are used in providing any service authorised to be provided by the permit,

(b) that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points, or

(c) the safety and convenience of the public, including persons who have mobility problems.

(3) No condition as to fares shall be attached under this section to a London service permit.

(4) Transport for London may at any time vary a London service permit—

(a) by altering any condition attached to the permit,

(b) by removing any condition attached to the permit, or

(c) by attaching to the permit any condition.

(5) Compliance with any condition attached to a London service permit under this section may be temporarily dispensed with by Transport for London if it is satisfied—

(a) that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached, or, if the condition has been altered, when it was last altered, and

(b) that such a dispensation would not adversely affect the safety and convenience of the public, including persons who have mobility problems.

(6) If a condition attached to a London service permit under this section is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) It shall be a defence for a person charged with an offence under subsection (6) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

188 Revocation. E+W+S

(1) Subject to subsection (2) below, a London service permit may be revoked or suspended by Transport for London on the ground that there has been a contravention of any condition attached to it.

(2) Transport for London shall not revoke or suspend a London service permit unless, owing to—

(a) the frequency of the breach of conditions, or

(b) the breach having been committed intentionally, or

(c) the danger to the public involved in the breach,

Transport for London is satisfied that the permit should be revoked or suspended.

(3) On revoking or suspending a London service permit Transport for London shall send notice of the revocation or suspension to each commissioner of police and London authority notified of the grant of the licence in accordance with section 186(5) above.

(4) A London service permit suspended under this section shall during the period of suspension be of no effect.

189 Appeals. E+W+S

(1) Where Transport for London refuses to grant a London service permit, it must issue a notice stating the reasons for the decision to do so to the person who made the application for the permit.

(2) A person to whom a notice has been issued under subsection (1) above may [F42 make an appeal] against the decision in relation to which the notice was issued.

(3) Where Transport for London—

(a) attaches any condition to a London service permit, or alters or removes any condition so attached; or

(b) revokes or suspends a London service permit,

it must issue a notice to the holder of the permit stating the reasons for the decision to do so.

(4) A holder of a London service permit to whom a notice has been issued under subsection (3) above may [F42 make an appeal] against the decision in relation to which the notice was issued.

(5) An appeal under this section against a decision of Transport for London must be made before the end of the period of 28 days beginning with the date of issue of the notice relating to the decision [F43 ; but, subject to that, the procedure for the making of appeals under this section shall be such as the Secretary of State may by regulations prescribe.].

[F44 (6) An appeal under this section shall be heard by a panel of persons appointed by the Lord Chancellor for the purpose of hearing such an appeal (an appeal panel).]

[F45 (7) The Secretary of State may make regulations providing for the charging of reasonable fees in respect of appeals under this section.]

(8) A person shall be disqualified from being appointed to be, or being, a member of an appeal panel if he is—

(a) an Assembly member,

(b) a member of staff of the Authority,

(c) a member of, or a member of staff of, Transport for London, or

(d) a director of a subsidiary of Transport for London or a member of staff of such a subsidiary.

(9) The [F46 Secretary of State] may pay to the members of an appeal panel such fees and expenses as he considers appropriate.

(10) An appeal panel shall regulate its own procedure but, unless the person making the appeal requests otherwise, any appeal hearing shall be conducted on the basis of documentary evidence only.

[F47 (11) An appeal panel which has heard an appeal against a decision may—

(a) uphold the decision,

(b) quash the decision, or

(c) substitute for the decision such other decision which Transport for London had power to make as appears to the appeal panel to be appropriate.

F47 (12) An appeal panel which has heard an appeal may make an order about payment of the costs of the appeal; and such an order may require that Transport for London pay to the person who made the appeal a sum equal to the whole or part of any fee paid in accordance with regulations under subsection (7) above.]

Textual Amendments

F42 Words in s. 189(2)(4) substituted (E.W.) (1.4.2002 for E. and otherwise prosp.) by 2000 c. 38, ss. 267(1)(2), 275(1); S.I. 2002/658, art. 2, Sch. Pt. 2

F43 Words in s. 189(5) inserted (E.W.) (1.2.2001 (E.) for specified purposes and otherwiseprosp.) by 2000 c. 38, s. 267(1)(3); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

F44 S. 189(6) substituted (E.W.) (1.4.2002 for E. and otherwiseprosp.) by 2000 c. 38, ss. 267(1)(4), 275(1); S.I. 2002/658, art. 2, Sch. Pt. 2

F45 S. 189(7) substituted (E.W.) (1.2.2001 (E.) for specified purposes and otherwiseprosp.) by 2000 c. 38, s. 267(1)(5); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

F46 Words in s. 189(9) substituted (E.W.) (1.4.2002 for E. and otherwiseprosp.) by 2000 c. 38, ss. 267(1)(6), 275(1); S.I. 2002/658, art. 2, Sch. Pt. 2

F47 S. 189(11)(12) substituted for s. 189(11)-(13) (E.W.) (1.4.2002 for E. and otherwise prosp.) by 2000 c. 38, ss. 267(7), 275(1); S.I. 2002/658, art. 2, Sch. Pt. 2

190 Duration. E+W+S

(1) The duration of a London service permit shall not be longer than five years.

(2) If, on the date on which a London service permit is due to expire, an application has been made for the grant of a new London service permit in substitution for it and—

(a) Transport for London has neither granted nor refused to grant the London service permit applied for,

(b) Transport for London has refused to grant the London service permit applied for but an appeal against the refusal has been made under section 189 above and not disposed of, or

(c) Transport for London has granted the London service permit applied for but an appeal against a decision to attach a condition to the permit has been made under section 189 above and not disposed of,

subsection (3) below shall apply.

(3) Where this subsection applies, the existing London service permit shall continue in force—

(a) in a case falling within subsection (2)(a) above, until Transport for London grants or refuses to grant the London service permit applied for, or

(b) in a case falling within subsection (2)(b) or (c) above, until the appeal has been disposed of.

(4) Where subsection (3)(a) above applies, if Transport for London—

(a) refuses to grant the London service permit applied for, or

(b) grants the London service permit applied for but at the time of the grant attaches any condition to the permit,

the existing London service permit shall continue in force until any appeal which is made under section 189 above against the decision in question has been disposed of.

(5) This section is without prejudice to section 188 above.

Guidance document E+W+S

191 Consultation. E+W+S

(1) When preparing or revising the guidance document and before finally determining the contents of the document or any revisions, the Mayor shall—

(a) publish a notice in a newspaper circulating in the entire area of Greater London, stating where a draft of the guidance document (or the revisions, as the case may be) may be inspected, and

(b) consult the persons and bodies specified in subsection (2) below.

(2) The persons and bodies mentioned in subsection (1)(b) above are—

(a) each London authority,

(b) the local authority for any other area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be,

(c) the Commissioner of Police of the Metropolis and the Commissioner of Police of the City of London,

(d) the traffic commissioner for the Metropolitan Traffic area,

(e) the traffic commissioner for any other traffic area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be,

(f) the London Transport Users’ Committee, and

(g) any other person whom the Mayor considers it appropriate to consult.

(3) Where the Mayor is determining the contents of revisions to the guidance document and the revisions will not affect the entire area of Greater London, the obligation imposed under subsection (1)(a) above shall not have effect and instead a notice stating where a draft of the revisions can be inspected shall be published in a newspaper circulating in the area or areas which the Mayor considers will be affected by the revisions.

Modifications etc. (not altering text)

C45 S. 191 excluded (28.6.2000) by S.I. 2000/1462, art. 7(5) (with art. 7(9))

192 Publication. E+W+S

(1) The Mayor shall publish the guidance document.

(2) Where the Mayor revises the guidance document he shall publish it as revised.

(3) In this Act, references to the guidance document include, except where the context otherwise requires, a reference to the current version of the guidance document.

(4) The guidance document must be published no later than 180 days after the Mayor has published the transport strategy prepared by him under section 142(1) above.

(5) The Mayor shall send to the Common Council and to each London borough council a copy of the current version of the guidance document.

(6) A copy of the current version of the guidance document shall be kept available by the Mayor for inspection by any person on request free of charge—

(a) at the principal offices of the Authority, and

(b) at such other places as the Mayor considers appropriate,

at reasonable hours.

(7) A copy of the current version of the guidance document, or any part of it, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.

(8) Any reference in this section to the current version of the guidance document is a reference to the guidance document as last published, whether originally or as revised.

Modifications etc. (not altering text)

C46 S. 192(1)-(3) extended (28.6.2000) by S.I. 2000/1462, art. 7(6) (with art. 7(9))

C47 S. 192(4) restricted (28.6.2000) by S.I. 2000/1462, art. 7(8)(a) (with art. 7(9))

C48 S. 192(5) restricted (28.6.2000) by S.I. 2000/1462, art. 7(8)(b) (with art. 7(9))

Miscellaneous E+W+S

193 Validity of agreements and permits. E+W+S

(1) A London local service agreement shall be of no effect at any time when the party to the agreement who is not Transport for London does not hold—

(a) a PSV operators’ licence, or

(b) a permit granted under section 22 of the M160 Transport Act 1985 (a community bus permit).

(2) A London service permit shall be of no effect at any time when the holder of the permit does not hold a licence of the description specified in subsection (1)(a) above, or a permit of the description specified in subsection (1)(b) above.

(3) In any case where a local education authority is providing a service falling within section 46(1) of the M161 Public Passenger Vehicles Act 1981 (no requirement for a PSV operators’ licence where a school bus is being used to provide a service)—

(a) subsection (1) above does not apply in relation to any London local service agreement pursuant to which the local education authority is providing the service, and

(b) subsection (2) above does not apply in relation to any London service permit by which the local education authority is authorised to provide the service.

Marginal Citations

M160 1985 c. 67.

M161 1981 c. 14.

194 Application of the Public Passenger Vehicles Act 1981. E+W+S

(1) The provisions of the M162 Public Passenger Vehicles Act 1981 specified in subsection (2) below apply in relation to the grant of London service permits, or to London service permits granted, under this Part of this Act, as they apply in relation to the grant of PSV operators’ licences, or PSV operators’ licences granted, under that Act.

(2) The provisions mentioned in subsection (1) above are—

(a) section 57 (death, bankruptcy, etc. of licence holder) taking the references to the traffic commissioner by whom the licence was granted as a reference to Transport for London, and

(b) section 58(2) (grant of licences to unincorporated body or to persons jointly).

(3) Section 84 of the M163 Public Passenger Vehicles Act 1981 (which relates to the effects of that Act in relation to general public interests) shall have effect as if the provisions of this Chapter were contained in that Act.

Marginal Citations

M162 1981 c. 14.

M163 1981 c. 14.

195 Interpretation of Chapter V. E+W+S

In this Chapter—

• the guidance document shall be construed in accordance with section 185(2) above,

• London authority shall be construed in accordance with section 183(7) above,

• London bus network shall be construed in accordance with section 181 above,

• London local service agreement shall be construed in accordance with section 182 above,

• London service permit shall be construed in accordance with section 185 above,

• London Transport Users’ Committee means the committee established under section 247 below,

• PSV operators’ licence means a licence granted under the provisions of Part II of the M164 Public Passenger Vehicles Act 1981,

• stopping place means, in relation to any service or part of a service, a point at which passengers are (or, in the case of a proposed service, are proposed to be) taken up or set down in the course of that service or part,

• traffic area means a traffic area constituted for the purposes of the M165 Public Passenger Vehicles Act 1981,

• traffic commissioner for the Metropolitan Traffic area means the traffic commissioner for the traffic area in which Greater London is for the time being situated by virtue of section 3 of the M166 Public Passenger Vehicles Act 1981.

Marginal Citations

M164 1981 c. 14.

M165 1981 c. 14.

M166 1981 c. 14.

Chapter VI U.K. Railways

[F48 The Authority and the Strategic Rail Authority E+W+S

Textual Amendments

F48 S. 196 cross-heading substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 61; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) which S.I. is amended by S.I. 2001/115, art. 2(2))

F49 196 Power of Authority to give directions and guidance to Strategic Rail Authority. E+W+S

(1) The Authority may give directions and guidance to the Strategic Rail Authority in relation to the provision of railway services in Greater London.

(2) It is immaterial for the purpose of giving directions and guidance under subsection (1) above whether implementation of the directions and guidance affects railway services outside Greater London.

(3) The Strategic Rail Authority shall exercise its functions in the manner best calculated to implement any directions and guidance given to it by the Authority (but subject to subsections (4) and (5) below).

(4) The Strategic Rail Authority shall not implement any directions or guidance given to it by the Authority if or to the extent that to do so would prevent or seriously hinder the Strategic Rail Authority—

(a) from complying with any directions given to it by the Secretary of State under section 207(5) of the Transport Act 2000 or from having regard to any guidance so given; or

(b) from exercising any of its functions in a manner which is consistent with its financial framework.

(5) The Strategic Rail Authority need not implement any directions or guidance given to it by the Authority if or to the extent that to do so would—

(a) have an adverse effect on the provision of services for the carriage of passengers or goods by railway outside Greater London; or

(b) increase the amount of any expenditure of the Strategic Rail Authority under agreements or other arrangements entered into (in accordance with a franchise agreement) with the franchise operator, the franchisee or any servant, agent or independent contractor of the franchise operator or franchisee.

(6) If the Strategic Rail Authority decides not to implement any directions or guidance given to it by the Authority, whether generally or in a particular case, it shall give the Authority notification of the decision and its reasons for it.

(7) The directions and guidance which may be given under this section are—

(a) directions and guidance as to the manner in which the Strategic Rail Authority is to exercise its functions in order to comply with section 207(1) to (3) of the Transport Act 2000, and

(b) directions to the Strategic Rail Authority not to exercise any of its functions in a particular manner (or not to do so without consulting, or obtaining the consent of, the Authority),

in relation to the provision of services for the carriage of passengers by railway or the operation of additional railway assets under or by virtue of any franchise agreement or any provision of sections 30 and 37 to 49 of the M167 Railways Act 1993.

(8) The functions of the Authority under this section shall be exercisable by the Mayor acting on behalf of the Authority.

(9) Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.]

Textual Amendments

F49 S. 196 substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 61; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Marginal Citations

M167 1993 c. 43.

197 [F50 Strategic Rail Authority] to consult Mayor as to fares, services etc. E+W+S

(1) The [F50 Strategic Rail Authority] shall from time to time consult the Mayor as to—

(a) the general level and structure of the fares to be charged for the carriage of passengers by railway on services to which this section applies; and

(b) the general level of the provision to be made for such services.

(2) The services to which this section applies are services to, from or within Greater London—

(a) which are, or are to be, provided under franchise agreements; or

(b) whose provision the [F50 Strategic Rail Authority] is under a duty to secure, by virtue of section 30, 37 or 38 of the Railways Act 1993 (which relate to the failure to secure a subsequent franchise agreement and the proposed discontinuance of services).

Textual Amendments

F50 Words in s. 197 and sidenote substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 62; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Licences, access contracts and franchising E+W+S

198 Exemptions by order under Part I of the Railways Act 1993. E+W+S

(1) The M168 Railways (London Regional Transport) (Exemptions) Order 1994 shall have effect with the following amendments.

(2) In article 2 (interpretation) the word and immediately preceding the definition of LRT company shall be omitted, and in that definition, after means there shall be inserted “ (a) ” and at the end there shall be added—

“(b) Transport for London or any subsidiary of theirs; or

(c) a PPP company, so far as carrying out qualifying activities”.

(3) In article 2, after the definition of LRT company there shall be added—

“PPP agreement and PPP company have the same meaning as in Chapter VII of Part IV of the Greater London Authority Act 1999 (public-private partnership agreements);

qualifying activities, in relation to a PPP company, means light maintenance services, network services or station services carried out by the PPP company in fulfilment of obligations imposed on the company by a PPP agreement.”

(4) The amendments made by this section are without prejudice to the exercise of any power conferred by any enactment (including a power conferred by any provision of this Act) to amend the said Order of 1994 by an enactment comprised in subordinate legislation, within the meaning of the M169 Interpretation Act 1978.

Marginal Citations

M168 S.I. 1994/573.

M169 1978 c. 30.

199 Licence exemptions and facility exemptions. E+W+S

(1) The Secretary of State may, after consultation with the Rail Regulator and the [F51 Strategic Rail Authority], by order grant at any time—

(a) a licence exemption under subsection (1) of section 7 of the M170 Railways Act 1993, F52 . . ., or

(b) a facility exemption under section 20 of that Act, F53 . . .,

subject to and in accordance with the following provisions of this section.

(2) An exemption by virtue of paragraph (a) or (b) of subsection (1) above may only be granted in respect of railway assets or railway facilities comprised in, or used on or in connection with, a network on which some or all of the regular scheduled passenger services are operated by London Regional Transport or Transport for London or a subsidiary of London Regional Transport or Transport for London.

(3) The power conferred by subsection (1) above is exercisable only if the Secretary of State has received an application for the grant of the exemption from the appropriate London transport authority.

(4) In this section—

• the appropriate London transport authority means—

  (a)

  as respects any time before the transfer date, London Regional Transport; and

  (b)

  as respects any time on or after that date, Transport for London;

• the transfer date means the date on which London Underground Limited becomes a subsidiary of Transport for London;

and, subject to that, expressions used in this section and in Part I of the M171 Railways Act 1993 have the same meaning in this section as in that Part.

Textual Amendments

F51 Words in s. 199(1) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 63; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F52 Words in s. 199(1)(a) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F53 Words in s. 199(1)(b) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Commencement Information

I44 S. 199 partly in force: s. 199 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2)

Marginal Citations

M170 1993 c. 43.

M171 1993 c. 43.

200 Railway access contracts. E+W

(1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, Transport for London may enter into an access contract to which section 18 of the M172 Railways Act 1993 applies, notwithstanding—

(a) that such a contract can only be entered into on terms approved (with or without modification) by the Rail Regulator and pursuant to directions given by the Rail Regulator under that section; and

(b) that the terms of the contract may confer on the Rail Regulator powers to determine the manner in which Transport for London is to exercise its functions in relation to the contract.

(2) The duty imposed on the Mayor by section 174 above accordingly also has effect subject, as respects the power conferred on Transport for London by subsection (1) above, to the powers of the Rail Regulator under section 18 of the M173 Railways Act 1993.

(3) After section 41 of the M174 London Regional Transport Act 1984 there shall be inserted—

“ Railway access contracts E+W

41A Access contracts under the Railways Act 1993.

(1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, London Regional Transport may enter into an access contract to which section 18 of the M175 Railways Act 1993 applies, notwithstanding—

(a) that such a contract can only be entered into on terms approved (with or without modification) by the Rail Regulator and pursuant to directions given by the Rail Regulator under that section; and

(b) that the terms of the contract may confer on the Rail Regulator powers to determine the manner in which London Regional Transport is to exercise its functions in relation to the contract.

(2) The duties imposed on London Regional Transport by sections 2 and 8 of this Act accordingly also have effect subject, as respects the power conferred by subsection (1) above, to the powers of the Rail Regulator under section 18 of the M176 Railways Act 1993.”

(4) In section 4 of the M177 Railways Act 1993 (general duties of the Secretary of State and the Rail Regulator) in subsection (5) (which imposes additional duties on the Rail Regulator) the word and immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added “; and

(d) to have regard to the ability of the Mayor of London, London Regional Transport and Transport for London to carry out the functions conferred or imposed on them by or under any enactment”.

Marginal Citations

M172 1993 c. 43.

M173 1993 c. 43.

M174 1984 c. 32.

M175 1993 c. 43.

M176 1993 c. 43.

M177 1993 c. 43.

201 Transport for London: contracts requiring passenger licences. E+W+S

(1) Transport for London may not by virtue of any provision of this Act or any other enactment enter into or carry out any agreement with respect to the provision or retention, or financing, of public passenger transport services if the agreement—

(a) is one which involves the holding of a passenger licence; and

(b) is not an excepted agreement.

(2) An agreement involves the holding of a passenger licence for the purposes of this section if it involves the doing by any person, whether or not a party to the agreement, of anything which, by virtue of section 6 of the M178 Railways Act 1993 (prohibition on unauthorised operators of railway assets), that person may not do without the authorisation of a passenger licence.

(3) An agreement is an excepted agreement for the purposes of this section if it is—

(a) an agreement with respect to the provision or retention, or financing, of regular scheduled railway passenger services operated by a London transport body;

(b) an agreement with respect to the provision or retention, or financing, of regular scheduled railway passenger services operated by a person other than a London transport body on track used for the provision of regular scheduled railway passenger services operated by a London transport body (whether or not the track is also used for other purposes);

(c) an agreement with the [F54 Strategic Rail Authority]; or

(d) an agreement under section 177 above, other than one falling within subsection (4) below.

(4) An agreement falls within this subsection if, in pursuance of the agreement, Transport for London or a subsidiary of Transport for London is to enter into a further agreement which involves the holding of a passenger licence.

(5) In this section London transport body means—

(a) London Regional Transport;

(b) Transport for London; or

(c) a subsidiary of London Regional Transport or Transport for London;

and, subject to that, expressions used in this section and in Part I of the M179 Railways Act 1993 have the same meaning in this section as in that Part.

Textual Amendments

F54 Words in s. 201(3)(c) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 64; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Marginal Citations

M178 1993 c. 43.

M179 1993 c. 43.

202 Authority and Transport for London not to be railway franchisees. E+W+S

(1) Section 25(1) of the M180 Railways Act 1993 (which prevents public sector operators, as defined in the paragraphs of that subsection, from being franchisees) shall be amended as follows.

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

“(bb) the Greater London Authority;

(bc) Transport for London;”.

(3) In paragraph (d) (bodies corporate whose members are appointed by certain other bodies or persons) after a local authority there shall be inserted “ , the Greater London Authority, Transport for London ”.

Marginal Citations

M180 1993 c. 43.

Closures U.K.

203 [F55 Strategic Rail Authority] to give copy documents to Mayor. E+W+S

In section 43(1) of the M181 Railways Act 1993 (which requires the [F55 Strategic Rail Authority] to give a copy of any notice of closure etc to the Rail Regulator) after Regulator there shall be inserted “ , to the Mayor of London if the whole or any part of the area affected by the closure is in Greater London, ”.

Textual Amendments

F55 Words in s. 203 and sidenote substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 65; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Marginal Citations

M181 1993 c. 43.

204 Procedure for closure of certain railway passenger services. U.K.

(1) The M182 Railways Act 1993 shall have effect as if any railway passenger services provided under or by virtue of this Act by Transport for London or a subsidiary of Transport for London (in relation to which section 37 of that Act does not have effect, in consequence of amendments made by section 198 above) were designated by order under section 49(3) of that Act as railway passenger services in relation to which Schedule 5 to that Act (alternative closure procedure) is to have effect.

(2) Schedule 5 to the M183 Railways Act 1993 shall be amended as follows.

(3) After paragraph 5 there shall be inserted—

“5A Qualifying services in and around Greater London

(1) This paragraph applies to any qualifying services—

(a) which are provided by Transport for London or a subsidiary of Transport for London; or

(b) which do not fall within paragraph (a) above but—

(i) are provided wholly within Greater London; and

(ii) are services, or services of a class or description, designated in an order made by the Secretary of State as services in relation to which this paragraph is to apply;

and in the following provisions of this paragraph any such services are referred to as qualifying London services.

(2) In the application of the other paragraphs of this Schedule in relation to qualifying London services, for any reference to the Secretary of State there shall be substituted a reference to the Mayor of London.

(3) Where the Mayor of London has given consent under paragraph 3(2)(b) above in respect of services provided wholly or partly outside Greater London, any person aggrieved by the decision to give consent may refer that decision to the Secretary of State.

(4) A referral under sub-paragraph (3) above shall be made by giving notice to the Secretary of State.

(5) Any notice under sub-paragraph (4) above must be given not later than 4 weeks after the date of the decision referred.

(6) On a reference under sub-paragraph (3) above, the Secretary of State may—

(a) confirm the decision to give consent;

(b) in the case of a decision to give consent subject to conditions, confirm the decision to give consent but modify the conditions; or

(c) substitute his decision for that of the Mayor of London.

(7) Any person who refers a decision to the Secretary of State under sub-paragraph (3) above shall provide, with his notice under sub-paragraph (4) above, a statement of the reasons why he is aggrieved by the decision.

(8) On disposing of any reference under sub-paragraph (3) above, the Secretary of State shall give notice of his decision to—

(a) the Mayor of London;

(b) the appropriate consultative committee;

(c) the operator concerned; and

(d) the person who referred the decision to the Secretary of State under sub-paragraph (3) above (if not falling within paragraphs (a) to (c) above).

(9) Before the expiration of the period of six weeks following the making of his decision on a reference under sub-paragraph (3) above, the Secretary of State shall publish notice of his decision—

(a) in two successive weeks in two local newspapers circulating in the area affected; and

(b) in such other manner as appears to him appropriate.”

Marginal Citations

M182 1993 c. 43.

M183 1993 c. 43.

Miscellaneous E+W+S

205 Amendment of franchise agreements to take account of the Authority. E+W+S

(1) Any franchise agreement entered into under Part I of the M184 Railways Act 1993 before the day on which this Act is passed shall have effect on and after that day with the following amendment.

(2) In paragraph (a) of the definition of Local Authority in the agreement, after in England, there shall be inserted “ the Greater London Authority, Transport for London, ”.

Marginal Citations

M184 1993 c. 43.

206 Secretary of State to consult Mayor before changing amount of penalty fare. E+W+S

(1) Section 130 of the M185 Railways Act 1993 (penalty fares) shall be amended as follows.

(2) After subsection (9) there shall be inserted—

“(9A) Before making any regulations which have the effect of varying the amount, or the greatest amount, which a person within, or travelling to or from, Greater London may be charged by way of penalty fare, the Secretary of State must consult the Mayor of London.”

Marginal Citations

M185 1993 c. 43.

207 Restrictions on contracting out certain services. E+W+S

(1) For the purposes of this section, the services which are reserved services are those whose provision by a person would involve that person in performing or securing the performance, for the purposes of any TfL passenger rail service, of—

(a) any station-operating function; or

(b) any train-operating function.

(2) Transport for London shall not, without the consent of the Secretary of State, enter into or carry out any agreement under which an outside contractor is to provide or secure the provision of a reserved service for Transport for London or a subsidiary of Transport for London.

(3) Where a company which is a subsidiary of Transport for London provides or is to provide, or secures or is to secure the provision of, a reserved service for Transport for London or a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company—

(a) would cease to be a subsidiary of Transport for London; but

(b) would nevertheless provide or continue to provide, or secure or continue to secure the provision of, the reserved service.

(4) Nothing in this section applies in relation to a contract of employment between an individual and Transport for London or a subsidiary of Transport for London.

(5) The Secretary of State may by order provide exceptions from subsection (2) or (3) above.

(6) Any consent of the Secretary of State under this section must be in writing and—

(a) may be given in relation to any particular transaction or description of transactions; and

(b) may be given subject to conditions.

(7) For the purposes of this section—

• station-operating function means any of the following functions—

  (a)

  the sale or collection of tickets at stations;

  (b)

  the inspection of tickets, or the imposing of penalty fares, at or in the vicinity of a station, but otherwise than on a train;

  (c)

  the making of oral public announcements at stations;

  (d)

  the provision of information orally to members of the public at stations, otherwise than by means of public announcements;

  (e)

  any duties of staff employed on platforms at stations;

  (f)

  F56 ...

  (g)

  any other function involved in the management or operation of a station;

• train-operating function means any of the following functions—

  (a)

  the driving of passenger trains otherwise than within a depot;

  (b)

  any duties of guards on passenger trains;

  (c)

  the sale, collection or inspection of tickets, or the imposing of penalty fares, on passenger trains;

  (d)

  the operation of signals for controlling the movement of passenger trains otherwise than within a depot;

  (e)

  the exercise of control over the movement of passenger trains otherwise than within a depot;

  (f)

  any other function involved in the operation of passenger trains otherwise than within a depot.

(8) In this section—

• contract of employment means any contract of service or apprenticeship;

• outside contractor means a person other than Transport for London or a subsidiary of Transport for London;

• passenger train means a train which is being, has just been, or is about to be, used for the provision of a TfL passenger rail service;

• premises includes any land, building or structure;

• railway has the meaning given in section 67(1) of the M186 Transport and Works Act 1992;

• reserved service shall be construed in accordance with subsection (1) above;

• station means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;

• TfL passenger rail service means any public service for the carriage of passengers by railway which is under the control of Transport for London or a subsidiary of Transport for London;

• ticket includes any other authority to travel or to be present in a part of a station where such an authority is required.

(9) The Secretary of State may by order amend this section for the purpose of varying the meaning in this section of any of the following expressions—

(a) train-operating function;

(b) station-operating function;

(c) outside contractor; or

(d) TfL passenger rail service.

Textual Amendments

F56 Words in s. 207(7) omitted (15.7.2003) by virtue of The Transport for London (Reserved Services) (London Underground Limited) Exception Order 2003 (S.I. 2003/1613), arts. 1, 4

Commencement Information

I45 S.207 partly in force: s.207 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2)

Marginal Citations

M186 1992 c. 42.

Docklands Light Railway and Croydon Tramlink U.K.

208 Docklands Light Railway. U.K.

(1) Section 3 of the M187 London Docklands Railway (Lewisham) (No. 2) Act 1993 (transfer of functions relating to the Docklands Light Railway) shall be amended in accordance with subsections (2) to (7) below.

(2) In subsection (1) (which confers a power on the Secretary of State to make orders transferring functions relating to the Docklands Light Railway) for Secretary of State there shall be substituted “ Mayor of London ”.

(3) Subsection (3) (which confers a power to specify in a transfer order circumstances in which the order shall cease to have effect) shall cease to have effect.

(4) After subsection (3) there shall be inserted—

“(3A) The power to make a transfer order under subsection (1) above includes a power to revoke, amend or re-enact any transfer order made under that subsection.

(3B) Without prejudice to subsection (3A) above, a transfer order may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in any such order.”

(5) In subsection (4) (which confers a power to include in a transfer order supplementary etc provision) for Secretary of State there shall be substituted “ Mayor of London. ”

(6) Subsection (6) (which provides that the power to make a transfer order is to be exercisable by statutory instrument) shall cease to have effect.

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

“(7) The Mayor of London shall secure that any transfer order made under subsection (1) above (and any order revoking, amending or re-enacting any such order) is printed and published.

(8) A fee may be charged for the sale of an order printed and published under subsection (7) above.”

(8) Any transfer order—

(a) made by the Secretary of State under section 3(1) of the M188 London Docklands Railway (Lewisham) (No. 2) Act 1993, and

(b) in force immediately before the coming into force of subsection (3) above,

shall have effect as from the coming into force of that subsection as if it were a transfer order made by the Mayor of London.

Marginal Citations

M187 1993 c. viii.

M188 1993 c. viii.

209 The Croydon Tramlink. U.K.

(1) The M189 Croydon Tramlink Act 1994 shall be amended in accordance with subsections (2) to [F57 (10)] below.

(2) In section 9(3) (consent to be obtained for the alteration of the level of a street) in paragraph (b) (which provides for disputes over the giving of consent to be determined by the Secretary of State) for Secretary of State there shall be substituted “ Mayor of London ”.

(3) In section 50 (transfer of functions relating to the Croydon Tramlink) in subsection (1) (which confers a power on the Secretary of State to make orders transferring functions relating to the Croydon Tramlink) for Secretary of State there shall be substituted “ Mayor of London ”.

(4) Subsection (3) of that section (which confers a power to specify in a transfer order circumstances in which the order shall cease to have effect) shall cease to have effect.

(5) After subsection (3) of that section there shall be inserted—

“(3A) The power to make a transfer order under subsection (1) above includes a power to revoke, amend or re-enact any transfer order made under that subsection.

(3B) Without prejudice to subsection (3A) above, a transfer order may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in any such order.”

(6) In subsection (4) of that section (which confers a power to include in a transfer order supplementary etc provision) for Secretary of State there shall be substituted “ Mayor of London ”.

(7) In subsection (7) (duty of London Regional Passengers’ Committee to consider etc matters referred to them)—

(a) in paragraph (b) (references by the Secretary of State) for by the Secretary of State there shall be substituted “ by Transport for London, by the Greater London Authority (acting by the Mayor of London) ”;

(b) in the words following paragraph (c) (persons to whom minutes etc are to be sent) for the Secretary of State,, where first occurring, there shall be substituted “ the Mayor of London, the London Assembly, Transport for London, ”; and

(c) the words from and to such person onwards shall cease to have effect.

(8) Subsection (9) of that section (which provides that the power to make a transfer order is to be exercisable by statutory instrument) shall cease to have effect.

(9) After subsection (9) of that section there shall be inserted—

“(9A) The Mayor of London shall secure that any transfer order made under subsection (1) above (and any order revoking, amending or re-enacting any such order) is printed and published.

(9B) A fee may be charged for the sale of an order printed and published under subsection (9A) above.”

(10) In subsection (11) of that section (interpretation) for London Regional Passengers’ Committee there shall be substituted “ London Transport Users’ Committee ”.

(11) Any transfer order—

(a) made by the Secretary of State under section 50(1) of the M190 Croydon Tramlink Act 1994, and

(b) in force immediately before the coming into force of subsection (3) above,

shall have effect as from the coming into force of that subsection as if it were a transfer order made by the Mayor of London.

Textual Amendments

F57 Word in s. 209(1) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 59; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)

Marginal Citations

M189 1994 c. xi.

M190 1994 c. xi.

Chapter VII E+W+S Public-Private Partnership Agreements

Introductory E+W+S

210 PPP agreements. E+W+S

(1) For the purposes of this Chapter a public-private partnership agreement (referred to as a PPP agreement) is a contract in the case of which the conditions set out in the following provisions of this section are satisfied.

(2) At least one of the parties to the contract must be a relevant body for the purposes of this Chapter, that is to say—

(a) London Regional Transport;

(b) Transport for London; or

(c) a subsidiary of London Regional Transport or Transport for London.

(3) The contract must be one which involves—

(a) the provision, construction, renewal, or improvement, and

(b) the maintenance,

of a railway or proposed railway and, if or to the extent that the contract so provides, of any stations, rolling stock or depots used or to be used in connection with that railway.

(4) The railway or proposed railway must be one which—

(a) belongs or will belong to, or to a subsidiary of, London Regional Transport or Transport for London, or

(b) is being provided, constructed, renewed or improved under the contract for, or for a subsidiary of, London Regional Transport or Transport for London.

(5) If a party who undertakes to carry out or secure the carrying out of any or all of the work mentioned in subsection (3) above (a PPP company) is a public sector operator at the time when the contract is made, that party must no longer be a public sector operator on the day following the expiration of the period of six weeks beginning with the day on which the condition in subsection (6) below is satisfied.

(6) The contract must be one which is, or is of a description which is, designated as a PPP agreement.

211 Public sector operators. E+W+S

(1) In this Chapter public sector operator means—

(a) any Minister of the Crown, government department or other emanation of the Crown;

(b) any local authority;

(c) any metropolitan county passenger transport authority;

(d) any body corporate whose members are appointed by a Minister of the Crown, a government department, a local authority or a metropolitan county passenger transport authority or by a body corporate whose members are so appointed;

(e) a company—

(i) a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (a) to (d) above;

(ii) in which the majority of the voting rights are held by or on behalf of any of those bodies or persons;

(iii) a majority of whose board of directors can be appointed or removed by any of those bodies or persons; or

(iv) in which the majority of the voting rights are controlled by any of those bodies or persons, pursuant to an agreement with other persons;

(f) a subsidiary of a company falling within paragraph (e) above.

(2) Expressions used in sub-paragraphs (i) to (iv) of subsection (1)(e) above and in section 736 of the M191 Companies Act 1985 have the same meaning in those sub-paragraphs as they have in that section.

Marginal Citations

M191 1985 c. 6.

212 PPP designations. E+W+S

(1) Any designation for the purposes of subsection (6) of section 210 above (a PPP designation) must be made in a direction issued by the appropriate authority.

(2) A PPP designation must—

(a) describe the subject matter of the contracts to which it relates;

(b) describe the parties to those contracts; and

(c) if made before one or more of those contracts has been entered into, state a time by which a contract must have been entered into if it is to be a PPP agreement by virtue of the designation.

(3) The time stated pursuant to paragraph (c) of subsection (2) above must not be later than three months after the date of the direction containing the designation.

(4) A PPP designation may be made before or after the making of any contract to which it relates.

(5) A contract shall not be a PPP agreement by virtue of a PPP designation made after the making of the contract, except with the consent of the parties to the contract.

(6) For the purposes of subsection (1) above the appropriate authority means—

(a) as respects any direction issued before the transfer date, the Secretary of State; and

(b) as respects any direction issued on or after that date, the Mayor.

Key system assets E+W+S

213 Key system assets. E+W+S

(1) In this Chapter, key system assets means—

(a) any property, rights or liabilities which are, or are of a description, designated by a relevant body as key system assets in a PPP agreement as originally made; and

(b) any property, rights or liabilities which are designated, or are of a description designated, by a relevant body after the making of a PPP agreement as key system assets in accordance with the terms of, or by an amendment made to, the PPP agreement,

but does not include any property, rights or liabilities which, in accordance with the terms of, or by an amendment made to, the PPP agreement, have for the time being ceased to be designated as key system assets.

(2) No rights or liabilities under contracts of employment shall be designated as key system assets.

214 Register of key system assets. E+W+S

(1) The relevant authority shall keep a register of all key system assets for the time being, except as provided by subsection (3) below.

(2) The register shall state—

(a) the date on which any designation of a particular key system asset, or of a description of key system assets, was made; and

(b) sufficient details of any particular key system asset, or any description of key system assets, designated as such to enable the key system assets to be identified.

(3) The register need not contain an entry in respect of any particular key system asset or description of key system assets if the relevant authority, with the consent of the PPP company concerned, keeps the requisite copy documents available for inspection by the public at all reasonable hours free of charge.

(4) For the purposes of this section the requisite copy documents, in the case of any particular key system asset or description of key system assets, are copies of—

(a) the document which contains the designation under paragraph (a) or (b) of section 213(1) above, and

(b) such other documents (if any) as may be necessary to disclose the information which would (apart from subsection (3) above) be required to be stated in the register,

or of such extracts from those documents as disclose the designation or, as the case may be, the information concerned.

(5) The register shall be available for inspection by the public free of charge at all reasonable hours.

(6) A person inspecting the register, or any requisite copy documents available for inspection under subsection (3) above, may make copies of, or of extracts from, the register or requisite copy documents.

215 Related third party agreements. E+W+S

(1) Where a PPP agreement is or has been entered into, the powers of the relevant authority include power to enter into and carry out other agreements with other persons in connection with the PPP agreement, whether or not there is any term in the PPP agreement relating to such other agreements.

(2) Where—

(a) a PPP agreement is or has been entered into, and

(b) the PPP company or the relevant authority, or a subsidiary of the PPP company or relevant authority, enters into arrangements with another person (a PPP related third party)—

(i) which do not constitute a PPP agreement, but

(ii) which involve the provision of property or rights for use for the purposes of or otherwise in connection with the PPP agreement,

subsection (3) below applies.

(3) Where this subsection applies, the relevant authority, or a subsidiary of the relevant authority, may enter into an agreement with the PPP related third party for the purpose of enabling the property or rights in question to be designated as, and to be, key system assets as if—

(a) the agreement between the relevant authority or subsidiary and the PPP related third party were a PPP agreement, and

(b) the PPP related third party were the PPP company under that agreement.

216 Protection of key system assets. E+W+S

(1) If and to the extent that key system assets are property or rights, a PPP company shall not, without the consent of the relevant authority,—

(a) transfer or agree to transfer, or create or agree to create any security over, any of those key system assets or any interest in, or right over, any of those key system assets; or

(b) create or extinguish, or agree to create or extinguish, any interest in, or right over, any of those key system assets.

(2) If and to the extent that key system assets are liabilities, a PPP company shall not, without the consent of the relevant authority, enter into any agreement under which any such liability is released or discharged or transferred to some other person.

(3) Any transaction which is entered into in contravention of subsection (1) or (2) above shall be void.

(4) No execution or other legal process may be commenced or continued, and no distress may be levied, against any property which is, or rights which are, key system assets.

(5) Where a PPP agreement makes provision for or in connection with the transfer to a successor body at any time—

(a) of any shares in a PPP company, or

(b) of any key system assets,

the relevant authority shall ensure that the PPP agreement includes provision specifying, or providing for the determination of, the amounts which are to be paid in respect of those shares or key system assets.

(6) In subsection (5) above, successor body means—

(a) a relevant body;

(b) a PPP company; or

(c) a PPP related third party.

(7) Any reference in this section to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.

(8) In this section security has the meaning given by section 248(b) of the M192 Insolvency Act 1986.

Marginal Citations

M192 1986 c. 45.

217 Schemes for the transfer of key system assets. E+W+S

(1) Transport for London may make schemes for the transfer of key system assets from any body falling within subsection (2) below to any other such body.

(2) Those bodies are—

(a) Transport for London;

(b) any subsidiary of Transport for London;

(c) any PPP company;

(d) any PPP related third party.

(3) A scheme under this section shall not take effect unless and until it has been approved by the Mayor.

(4) The transfers which may be made by virtue of a scheme under this section include transfers taking effect before, on or after the expiration of the term of the PPP agreement or PPP related third party agreement by reference to which the transferor or transferee under the scheme falls within subsection (2) above.

(5) No scheme under this section for the transfer of key system assets from or to—

(a) a PPP company, or

(b) a PPP related third party,

may be made otherwise than in accordance with the terms of the PPP agreement or PPP related third party agreement by reference to which the PPP company or PPP related third party falls within subsection (2) above.

(6) In this section—

(a) any reference to key system assets includes a reference to property, rights or liabilities which have been or are to be such assets; and

(b) any reference to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.

(7) Schedule 12 to this Act (which makes further provision in relation to schemes under this section) shall have effect.

Commencement Information

I46 S. 217 in force at 15.7.2003 by S.I. 2003/1920, art. 2(a)

Land E+W+S

218 PPP leases. E+W+S

(1) In this Chapter PPP lease means any lease—

(a) which constitutes a PPP agreement;

(b) which is entered into in accordance with a PPP agreement; or

(c) which is designated as a PPP lease.

(2) An instrument containing a PPP lease must also contain, or have endorsed upon it, a certificate—

(a) signed by or on behalf of the parties to the lease, and

(b) stating that the instrument contains a PPP lease.

(3) Any designation for the purposes of paragraph (c) of subsection (1) above shall be made by the same person, and in the same manner, as if it were a PPP designation.

(4) No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of an agreement between a relevant body and a PPP company as to the terms on which land which is the subject of a PPP lease is provided.

(5) Accordingly no such enactment or rule of law applies in relation to the rights and obligations of the parties to a PPP lease—

(a) so as to exclude or modify in any respect any of the rights and obligations of those parties under the terms of the PPP lease, whether with respect to the termination of the tenancy or any other matter;

(b) so as to confer or impose on any party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the PPP lease, in addition to any such right or obligation provided for by the terms of the PPP lease;

(c) so as to restrict the enforcement (whether by action for damages or otherwise) by any party to the PPP lease of any obligation of any other party under the PPP lease.

(6) In this section lease includes an underlease and an agreement for a lease or underlease.

F58 219 Land registration and PPP leases. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 S. 219 repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

Insolvency E+W+S

220 Meaning and effect of PPP administration orders. E+W+S

(1) A PPP administration order is an order of the court made in accordance with section 221, 222 or 223 below in relation to a PPP company and directing that, during the period for which the order is in force, the affairs, business and property of the company shall be managed, by a person appointed by the court,—

(a) for the achievement of the purposes of such an order; and

(b) in a manner which protects the respective interests of the members and creditors of the company.

(2) The purposes of a PPP administration order made in relation to any company shall be—

(a) the transfer to another company, or (as respects different parts of its undertaking) to two or more different companies, as a going concern, of so much of the company’s undertaking as it is necessary to transfer in order to ensure that the relevant activities may be properly carried on; and

(b) the carrying on of those relevant activities pending the making of the transfer.

(3) Schedule 14 to this Act shall have effect for applying provisions of the M193 Insolvency Act 1986 where a PPP administration order is made.

(4) Schedule 15 to this Act shall have effect for enabling provision to be made with respect to cases in which, in pursuance of a PPP administration order, another company is to carry on all or any of the relevant activities of a PPP company in place of that company.

(5) Without prejudice to paragraph 20 of Schedule 14 to this Act, the power conferred by section 411 of the M194 Insolvency Act 1986 to make rules shall apply for the purpose of giving effect to the PPP administration order provisions of this Act as it applies for the purpose of giving effect to Parts I to VII of that Act, but taking any reference in that section to those Parts as a reference to those provisions.

(6) For the purposes of this Chapter, the relevant activities, in relation to a PPP company, are the activities carried out, or to be carried out, by that company in performing its obligations under the PPP agreement to which it is party.

(7) In this section—

• business and property have the same meaning as they have in the M195 Insolvency Act 1986;

• the court, in the case of any PPP company, means the court having jurisdiction to wind up the company;

• the PPP administration order provisions of this Act means this section, sections 221 to 224 below and Schedules 14 and 15 to this Act.

Commencement Information

I47 S. 220 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

M193 1986 c. 45.

M194 1986 c. 45.

M195 1986 c. 45.

221 PPP administration orders made on special petitions. E+W+S

(1) If, on an application made to the court by petition presented by the Mayor, the court is satisfied that either or both of the grounds specified in subsection (2) below is satisfied in relation to that PPP company, the court may make a PPP administration order in relation to that company.

(2) The grounds mentioned in subsection (1) above are, in relation to any company,—

(a) that the company is or is likely to be unable to pay its debts;

(b) that, in a case in which the Secretary of State has certified that it would be appropriate for him to petition for the winding up of the company under section 124A of the 1986 Act (petition by the Secretary of State following inspectors’ report etc), it would be just and equitable, as mentioned in that section, for the company to be wound up.

(3) Notice of any petition under this section for a PPP administration order shall be given forthwith to such persons and in such manner as may be prescribed by rules made under section 411 of the 1986 Act; and no such petition shall be withdrawn except with the leave of the court.

(4) Subsections (4) and (5) of section 9 of the 1986 Act (powers on application for administration order) shall apply on the hearing of the petition for a PPP administration order in relation to any company as they apply on the hearing of a petition for an administration order.

(5) Subsections (1), (2), (4) and (5) of section 10 of the 1986 Act (effect of petition) shall apply in the case of a petition for a PPP administration order in relation to any company as if—

(a) the reference in subsection (1) to an administration order were a reference to a PPP administration order; and

(b) paragraph (b) of that subsection did require the leave of the court for the taking of any of the steps mentioned in paragraphs (b) and (c) of subsection (2) (appointment of, and exercise of functions by, administrative receiver).

(6) For the purposes of this section a company is unable to pay its debts if—

(a) it is a company which is deemed to be so unable under section 123 of the 1986 Act (definition of inability to pay debts); or

(b) it is an unregistered company, within the meaning of Part V of the 1986 Act, which is deemed, by virtue of any of sections 222 to 224 of that Act, to be so unable for the purposes of section 221 of that Act (winding up of unregistered companies).

(7) The functions of the Mayor under this section may be exercised by Transport for London acting as his agent, and where Transport for London so acts references to the Mayor shall be construed accordingly.

(8) In this section—

• the 1986 Act means the M196 Insolvency Act 1986;

• the court has the same meaning as in section 220 above.

Commencement Information

I48 S. 221 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

M196 1986 c. 45.

222 Restriction on making winding-up order. E+W+S

(1) Where a petition for the winding up of a PPP company is presented by a person other than the Mayor, the court shall not make a winding-up order in relation to that company on that petition unless—

(a) notice of the petition has been served on the Mayor; and

(b) a period of at least fourteen days has elapsed since the service of that notice.

(2) Where a petition for the winding up of a PPP company has been presented, the Mayor may, at any time before a winding-up order is made on the petition, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of a winding-up order.

(3) Where, on a petition for the winding up of a PPP company, the court makes, or proposes to make, a PPP administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the M197 Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.

(4) In this section the court has the same meaning as in section 220 above.

Commencement Information

I49 S. 222 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

M197 1986 c. 45.

223 Restrictions on voluntary winding-up etc. E+W+S

(1) No resolution for voluntary winding up shall be passed by a PPP company without leave of the court granted on an application made for the purpose by the company.

(2) No such leave shall be granted unless—

(a) notice of the application has been served on the Mayor; and

(b) a period of at least fourteen days has elapsed since the service of that notice.

(3) Where an application for leave under subsection (1) above has been made by a PPP company, the Mayor may, at any time before leave has been granted under subsection (1) above, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of granting leave under subsection (1) above.

(4) Where, on an application for leave under subsection (1) above, the court makes, or proposes to make, a PPP administration order by virtue of subsection (3) above, subsections (4) and (5) of section 9 of the M198 Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that application as they apply on the hearing of a petition for an administration order.

(5) No administration order under Part II of the M199 Insolvency Act 1986 shall be made in relation to a PPP company unless—

(a) notice of the application for the order has been served on the Mayor; and

(b) a period of at least fourteen days has elapsed since the service of that notice.

(6) Where an application for an administration order under Part II of the M200 Insolvency Act 1986 has been made in the case of a PPP company, the Mayor may, at any time before such an order has been made on that application, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of an administration order under Part II of the M201 I solvency Act 1986.

(7) No step shall be taken by any person to enforce any security over a PPP company’s property, except where that person has served fourteen days’ notice of his intention to take that step on the Mayor.

(8) In this section—

• the court has the same meaning as in section 220 above;

• resolution for voluntary winding up has the same meaning as in the M202 Insolvency Act 1986;

• security and property have the same meaning as in the M203 Insolvency Act 1986.

Commencement Information

I50 S. 223 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

M198 1986 c. 45.

M199 1986 c. 45.

M200 1986 c. 45.

M201 1986 c. 45.

M202 1986 c. 45.

M203 1986 c. 45.

224 Meaning of company and application of provisions to unregistered, foreign and other companies. E+W+S

(1) In the PPP administration order provisions of this Act—

• company means—

  (a)

  any company formed and registered under the M204 Companies Act 1985 or any existing company within the meaning given in section 735(1) of that Act; and

  (b)

  any unregistered company; and

• unregistered company has the meaning given in Part V of the 1986 Act.

(2) In the application of section 220(1) above in a case where the PPP company there mentioned is a foreign company, the reference to the affairs, business and property of the company shall be taken as a reference to the affairs and business of the company, so far as carried on in Great Britain, and the property of the company within Great Britain.

(3) In the application of section 9(5) of the 1986 Act by virtue of subsection (4) of section 221 above or subsection (3) of section 222 above where the petition mentioned in the subsection in question relates to a company which is a foreign company, the reference to restricting the exercise of any powers of the directors or of the company shall be taken as a reference to restricting—

(a) the exercise within Great Britain of the powers of the directors or of the company; or

(b) any exercise of those powers so far as relating to the affairs, business or property of the company in Great Britain.

(4) In the application of provisions in section 10 of the 1986 Act by virtue of subsection (5) of section 221 above where the company mentioned in that subsection is a foreign company—

(a) paragraph (a) of subsection (1) shall be omitted;

(b) any reference in paragraph (b) or (c) of that subsection to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain;

(c) in paragraph (c) of that subsection—

(i) the reference to the commencement or continuation of proceedings shall be taken as a reference to the commencement or continuation of proceedings in Great Britain; and

(ii) the reference to the levying of distress against the company shall be taken as a reference to the levying of distress against the foreign company to the extent of its property in England and Wales; and

(d) any reference in subsection (2) to an administrative receiver shall be taken to include a reference to any person performing, in relation to the foreign company, functions equivalent to those of an administrative receiver, within the meaning of section 251 of the 1986 Act.

(5) Subsections (1) to (4) of section 223 above shall not have effect in relation to a PPP company which is a foreign company.

(6) In the application of subsection (7) of that section where the PPP company there mentioned is a foreign company, the reference to the company’s property shall be taken as a reference to such of its property as is for the time being situated in Great Britain.

(7) In this section—

• the 1986 Act means the M205 Insolvency Act 1986;

• foreign company means a company incorporated outside Great Britain;

• the PPP administration order provisions of this Act means sections 220 to 223 above, this section and Schedules 14 and 15 to this Act.

Commencement Information

I51 S. 224 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

M204 1985 c. 6.

M205 1986 c. 45.

The PPP arbiter E+W+S

225 The PPP arbiter. E+W+S

(1) The Secretary of State may appoint a person to an office to be known as the Public-Private Partnership Agreement Arbiter (in this Chapter referred to as the PPP arbiter).

(2) The PPP arbiter shall have the functions conferred or imposed on him by or under this Act.

(3) The PPP arbiter shall be a corporation sole by the name of the Public-Private Partnership Agreement Arbiter.

(4) If at any time no person holds the office of PPP arbiter, the Secretary of State shall appoint a person to that office if requested in writing to do so by a party to a PPP agreement.

(5) A request under subsection (4) above must not include a request for a particular person to be appointed.

(6) Before making an appointment under subsection (1) or (4) above, the Secretary of State shall consult such persons as he considers appropriate concerning—

(a) the person to be appointed; and

(b) the terms of the appointment.

(7) The office of PPP arbiter may not be held by—

(a) the Mayor;

(b) an Assembly member;

(c) the Authority or a member of staff of the Authority;

(d) Transport for London or a subsidiary of Transport for London;

(e) a member of Transport for London or a director of a subsidiary of Transport for London;

(f) a member of staff of Transport for London or of a subsidiary of Transport for London; or

(g) a director or employee of a PPP company or of a subsidiary of a PPP company or of a company of which a PPP company is a subsidiary.

226 Terms of appointment. E+W+S

(1) A person appointed to be the PPP arbiter shall be appointed for such term as may be specified or described in the instrument appointing him and shall hold and vacate office as the PPP arbiter in accordance with the terms of his appointment.

(2) There shall be paid to the PPP arbiter such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(3) There shall be paid such pension, allowance or gratuity to or in respect of the PPP arbiter, or such contributions or payments towards provision for such a pension, allowance or gratuity, as the Secretary of State may determine.

(4) A person may resign from office as the PPP arbiter at any time by giving notice to the Secretary of State.

(5) The Secretary of State may remove a person from office as the PPP arbiter—

(a) on the ground of incapacity or misbehaviour; or

(b) where the Secretary of State considers that there has been unreasonable delay in the discharge of the functions of the PPP arbiter.

227 Staff. E+W+S

(1) The PPP arbiter may appoint such staff as he may determine, subject to any restrictions contained in the terms of his appointment.

(2) The staff of the PPP arbiter shall be appointed on such terms and conditions as he shall determine, subject to any restrictions contained in the terms of his appointment.

(3) Any function of the PPP arbiter may be exercised by any member of his staff authorised for the purpose by him or, if there is no person who holds the office of PPP arbiter, by the Secretary of State whether specially or generally.

228 Same person as PPP arbiter and Rail Regulator: duties of staff. E+W+S

(1) If at any time the offices of Rail Regulator and PPP arbiter are held by the same person, subsections (2) and (3) below shall apply until such time as those offices are next held by different persons.

(2) Where this subsection applies, any member of the Rail Regulator’s staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of the PPP arbiter’s staff of similar status.

(3) Where this subsection applies, any member of the PPP arbiter’s staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of the Rail Regulator’s staff of similar status.

(4) Subsections (2) and (3) above apply notwithstanding anything in the terms or conditions of employment of the member of staff concerned.

229 Directions of the PPP arbiter. E+W+S

(1) A PPP agreement may provide for matters of any description specified in the agreement to be referred to the PPP arbiter.

(2) A party to a PPP agreement may refer to the PPP arbiter for direction any matter of a description specified in a provision of that agreement by virtue of subsection (1) above.

(3) Where a matter is referred under this section to the PPP arbiter for direction he—

(a) shall give a direction in relation to that matter; and

(b) may give a direction in relation to any other matter which is ancillary or incidental to the matter referred.

(4) The directions that may be given under subsection (3) above include directions relating to the inclusion of new terms in, or the variation of existing terms of, the PPP agreement in question.

(5) The PPP arbiter shall give notice of any direction under subsection (3) above to the parties to the PPP agreement in question.

(6) A direction under subsection (3) above shall be final and binding—

(a) on the parties to the PPP agreement in question, and

(b) on any persons claiming through or under those parties,

and shall, if and to the extent that the notice given under subsection (5) above so provides, take effect as a term of the PPP agreement.

(7) Where a direction has been given under subsection (3) above, the parties to the PPP agreement in question may jointly agree that subsection (6) above is not to have effect in relation to that direction.

230 Guidance by the PPP arbiter. E+W+S

(1) Any matter relating to a PPP agreement may be referred to the PPP arbiter for consideration by him—

(a) by all the parties to the PPP agreement acting jointly, if they so agree; or

(b) by any party to the PPP agreement.

(2) Where a matter is referred by virtue of subsection (1) above to the PPP arbiter for consideration he shall consider the matter and—

(a) if the matter was referred under paragraph (a) of that subsection, shall give to the parties who referred the matter such guidance as he considers appropriate; or

(b) if the matter was referred under paragraph (b) of that subsection, may give to the parties to the PPP agreement such guidance as he considers appropriate.

(3) The guidance which may be given by the PPP arbiter by virtue of subsection (2) above includes guidance about any matter which he considers relevant to the PPP agreement in question.

(4) Where the PPP arbiter has given any guidance under this section in relation to a matter which is subsequently referred to him for direction under subsection (3) of section 229 above, the direction which may be given by the PPP arbiter under that subsection is not restricted by that guidance.

231 Duty of the PPP arbiter. E+W+S

(1) In giving in relation to a PPP agreement—

(a) any direction under section 229(3) above, or

(b) any guidance under section 230(2) above,

the PPP arbiter shall act in the way he considers best calculated to achieve the objectives specified in subsections (2) to (5) below.

(2) The objective specified in this subsection is to ensure that an opportunity to review and amend the requirements imposed, or proposed to be imposed, on a PPP company by or under the PPP agreement in question is afforded to the appropriate relevant body if, in the opinion of the PPP arbiter, the proper price for the performance of those requirements exceeds the resources which that relevant body has notified to the PPP arbiter that it has, or expects to have, available for the purpose.

• In this subsection appropriate relevant body means a relevant body which is a party to the PPP agreement and is to pay the price under the agreement.

(3) The objective specified in this subsection is to promote efficiency and economy—

(a) in the provision, construction, renewal, or improvement, as the case may be, and

(b) in the maintenance,

of the railway infrastructure to which the PPP agreement in question relates.

(4) The objective specified in this subsection is to ensure that any rate of return incorporated in the PPP agreement in question would, in the opinion of the PPP arbiter,—

(a) taking into account such matters as may be specified in the PPP agreement, and

(b) leaving out of account such other matters as may be so specified,

be earned by a company which is efficient and economic in its performance of the requirements imposed on the PPP company by or under the PPP agreement.

(5) The objective specified in this subsection is to enable any PPP company which is a party to the PPP agreement in question to plan the future performance of the agreement with reasonable certainty.

(6) In giving any such direction or guidance as is mentioned in subsection (1) above the PPP arbiter is to take account of any factors which—

(a) are notified to him by the parties to the PPP agreement in question, acting jointly, as factors to which he must have regard when giving the direction or guidance in question, or

(b) are factors specified or described in the PPP agreement in question as factors to which the PPP arbiter must have regard in giving any direction under section 229(3) above or any guidance under section 230(2) above.

(7) For the purposes of subsection (4) above, a rate of return is incorporated in a PPP agreement if, and only if, the PPP agreement—

(a) contains provision specifying, or for determining, the rate of return which the PPP company in question might reasonably expect to earn; and

(b) states that subsection (4) above is to have effect in relation to that provision.

(8) In this section railway infrastructure means the railway or proposed railway in question and includes a reference to any stations, rolling stock or depots used or to be used in connection with that railway.

232 Further powers. E+W+S

(1) For the purposes of the proper discharge of the functions conferred or imposed on him by or under this Act, the PPP arbiter may—

(a) carry out inspections of such of the railway infrastructure or equipment belonging to, or under the control of, any party to a PPP agreement as he considers appropriate;

(b) consult such bodies or persons as he considers appropriate in relation to any direction or guidance given or proposed to be given by him;

(c) do all such things as he considers appropriate for or in connection with the giving of a direction under section 229(3) above or guidance under section 230(2) above; and

(d) do such other things as he considers necessary or expedient.

(2) The powers conferred on the PPP arbiter by this section and section 233 below are exercisable for purposes preparatory or ancillary to the giving of directions or guidance under this Chapter generally and notwithstanding that there is no matter in relation to which a direction under section 229(3) above, or guidance under section 230(2) above, is required.

(3) In this section railway infrastructure has the same meaning as in section 231 above.

233 Provision of information to the PPP arbiter. E+W+S

(1) Any person falling within subsection (2) below shall, at the request of the PPP arbiter, provide him with such information as the PPP arbiter considers relevant to the proper discharge of the functions conferred or imposed on him by or under this Act and as may be specified or described in the request.

(2) The persons who fall within this subsection are—

(a) any party to a PPP agreement;

(b) any associate of a party to a PPP agreement; and

(c) any PPP related third party.

(3) The information shall be provided in such form and manner, and within such time, as may be specified in the request.

(4) A person is not obliged by virtue of this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.

(5) For the purposes of subsection (2)(b) above, associate, in relation to a party to a PPP agreement, means—

(a) a parent undertaking of that party;

(b) a subsidiary undertaking of any parent undertaking of that party;

(c) a subsidiary undertaking of that party; or

(d) an undertaking in which that party, or any undertaking falling within paragraphs (a) to (c) above, has a participating interest.

(6) For the purposes of subsection (5) above—

• parent undertaking and subsidiary undertaking shall be construed in accordance with section 258 of the M206 Companies Act 1985;

• undertaking has the meaning given by section 259 of that Act; and

• participating interest has the meaning given by section 260 of that Act.

Marginal Citations

M206 1985 c. 6.

234 Failure to provide information to PPP arbiter. E+W+S

(1) If a person fails to comply with a request under section 233(1) above, the PPP arbiter may serve a notice on that person requiring him—

(a) to produce to the PPP arbiter, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or

(b) to provide to the PPP arbiter, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.

(2) No person shall be required under this section—

(a) to produce any documents which he could not be compelled to produce in civil proceedings in the court; or

(b) in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings.

(3) A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under subsection (1) above is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine.

(4) If a person makes default in complying with a notice under subsection (1) above, the court may, on the application of the PPP arbiter, make such order as the court thinks fit for requiring the default to be made good.

(5) Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.

(6) In this section—

(a) any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and

(b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(7) In this section the court means the High Court.

235 Restrictions on disclosure of information. E+W+S

(1) Subject to the following provisions of this section, no information with respect to any particular business which—

(a) has been obtained by the PPP arbiter under or by virtue of any of the provisions of this Chapter, and

(b) relates to the affairs of any individual or to any particular business,

shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

(2) Subsection (1) above does not apply to any disclosure of information which is made—

(a) for the purpose of facilitating the carrying out by the Secretary of State, the Mayor of London, Transport for London or the PPP arbiter of any of his or, as the case may be, its functions under this Act;

(b) for the purpose of facilitating the carrying out by the Secretary of State, the Rail Regulator, the [F59 Strategic Rail Authority], the Competition Commission or the Mayor of any of his or, as the case may be, its functions under the M207 Railways Act 1993;

(c) for the purpose of facilitating the carrying out by—

(i) any Minister of the Crown,

[F60 (ii) the Office of Fair Trading,]

(iii) the Competition Commission,

[F61 (iv) the Director General of Telecommunications,]

[F61 (iv) the Office of Communications,]

(v) the Director General of Gas Supply,

(vi) the Director General of Water Supply,

(vii) the Director General of Electricity Supply,

(viii) the Civil Aviation Authority,

(ix) the Insolvency Practitioners Tribunal, or

(x) a local weights and measures authority in Great Britain,

of any of his or, as the case may be, its functions under any of the enactments or instruments specified in subsection (3) below;

(d) for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the M208 Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed under the enactments relating to companies to carry out his functions;

(e) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the M209 Insolvency Act 1986 to carry out its functions as such;

(f) for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the M210 Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;

(g) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

(h) for the purpose of facilitating the carrying out by the International Rail Regulator of any of his functions under any subordinate legislation made for the purpose of implementing—

(i) the Directive of the Council of the European Communities dated 29th July 1991 on the development of the Community’s railways; or

(ii) Council Directive 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructure fees;

(j) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(k) for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or

(l) in pursuance of a Community obligation.

(3) The enactments and instruments referred to in subsection (2) above are—

(a) the M211 Trade Descriptions Act 1968;

(b) the M212 Fair Trading Act 1973;

(c) the M213 Consumer Credit Act 1974;

F62 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the M214 Estate Agents Act 1979;

(g) the M215 Competition Act 1980;

(h) the M216 Telecommunications Act 1984;

(j) the M217 Airports Act 1986;

(k) the M218 Gas Act 1986;

(l) the M219 Insolvency Act 1986;

(m) the M220 Consumer Protection Act 1987;

(n) the M221 Electricity Act 1989;

(o) the M222 Property Misdescriptions Act 1991;

(p) the M223 Water Industry Act 1991;

(q) the M224 Water Resources Act 1991;

(r) the M225 Railways Act 1993;

[F63 (rr) the Competition Act 1998]

[F64 (rs) the Enterprise Act 2002;]

[F65 (rt) the Communications Act 2003;]

(s) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 on the M226 approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.

(4) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.

(5) The prohibition imposed by subsection (1) above shall be enforceable by civil proceedings—

(a) by the individual mentioned in that subsection, or

(b) by the person for the time being carrying on the business there mentioned,

for an injunction or for any other appropriate relief or remedy.

F66 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 Words in s. 235(2)(b) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 66(1)(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F60 S. 235(2)(c)(ii) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 39(2)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F61 S. 235(2)(c)(iv) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 157(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F62 S. 235(3)(d)(e) repealed (1.3.2000) by S.I. 2000/311, art. 35(2)(a)

F63 S. 235(3)(rr) inserted (1.3.2000) by S.I. 2000/311, art. 35(2)(b)

F64 S. 235(3)(rs) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 39(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F65 S. 235(3)(rt) inserted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 157(3) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F66 S. 235(6) repealed (1.2.2001) by 2000 c. 38, ss. 215(1), 274, Sch. 16 para. 66(1)(3), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Commencement Information

I52 S. 235 wholly in force at 12.1.2000: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 235 in force at 12.1.2000 by S.I. 1999/3434, art. 2

Marginal Citations

M207 1993 c. 43.

M208 1986 c. 60.

M209 1986 c. 45.

M210 1974 c. 37.

M211 1968 c. 29.

M212 1973 c. 41.

M213 1974 c. 39.

M214 1979 c. 38.

M215 1980 c. 21.

M216 1984 c. 12.

M217 1986 c. 31.

M218 1986 c. 44.

M219 1986 c. 45.

M220 1987 c. 43.

M221 1989 c. 29.

M222 1991 c. 29.

M223 1991 c. 56.

M224 1991 c. 57.

M225 1993 c. 43.

M226 84/450/EEC

236 Immunity. E+W+S

(1) The PPP arbiter is not liable for anything done or omitted in the discharge or purported discharge of his functions as the PPP arbiter unless the act or omission is shown to have been in bad faith.

(2) Subsection (1) above applies to a member of the staff of, or an agent of, the PPP arbiter as it applies to the PPP arbiter.

237 Expenses. E+W+S

(1) The following expenses, namely—

(a) any sums payable by virtue of section 226(2) or (3) above, and

(b) any expenses duly incurred by the PPP arbiter or by any staff of the PPP arbiter,

shall be defrayed by the Secretary of State.

(2) A relevant body which is a party to a PPP agreement shall pay to the Secretary of State, at such times as he may direct, such sums as the Secretary of State may determine in respect of expenses defrayed by the Secretary of State under subsection (1) above.

(3) A PPP agreement may provide that sums paid by a relevant body by virtue of subsection (2) above, or any portion of such sums as may be specified or described in the PPP agreement, may be recovered by the relevant body from a PPP company which is a party to the PPP agreement.

(4) Where a PPP agreement includes provision by virtue of subsection (3) above making any sum recoverable by a relevant body, the directions which may be given under section 229(3) above include directions varying the amount so recoverable.

(5) Sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund.

Miscellaneous and supplementary E+W+S

238 Statutory undertakers. E+W+S

Where, by virtue of a PPP agreement, statutory functions relating to a railway are exercisable by a PPP company, the PPP company shall, as respects any matter arising from the carrying out of the subject-matter of the PPP agreement, be taken to be authorised by an enactment to carry on a railway undertaking.

239 Interpretation of Chapter VII. E+W+S

(1) In this Chapter, unless the context otherwise requires—

• key system assets has the meaning given by section 213(1) above;

• locomotive means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle);

• PPP agreement has the meaning given by section 210 above;

• PPP arbiter shall be construed in accordance with section 225(1) above;

• PPP company shall be construed in accordance with section 210(5) above;

• PPP designation shall be construed in accordance with section 212(1) above;

• PPP lease has the meaning given by section 218 above;

• PPP related third party shall be construed in accordance with section 215(2)(b) above;

• PPP related third party agreement means any arrangements falling within section 215(2)(b) above;

• premises includes any land, building or structure;

• public sector operator has the meaning given by section 211 above;

• railway has the meaning given in section 67(1) of the M227 Transport and Works Act 1992;

• railway vehicle includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along a railway;

• the relevant authority means—

  (a)

  as respects any time before the transfer date, London Regional Transport; and

  (b)

  as respects any time on or after that date, Transport for London;

• relevant body has the meaning given by section 210(2) above (that is to say, London Regional Transport, Transport for London or a subsidiary of London Regional Transport or Transport for London);

• rolling stock means any carriage, wagon or other vehicle used on a railway and includes a locomotive;

• station means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;

• the transfer date means the date on which London Underground Limited becomes a subsidiary of Transport for London;

• vehicle includes a railway vehicle.

(2) Any reference in this Chapter to a railway includes a reference to any stretch of track comprised in a railway.

Marginal Citations

M227 1992 c. 42.

Chapter VIII E+W+S Travel Concessions

240 Travel concessions on journeys in and around Greater London. E+W+S

(1) Subject to subsection (3) below, any local authority, or any two or more local authorities acting jointly, may enter into arrangements with Transport for London under which—

(a) Transport for London grants, or arranges with some other person for that other person to grant, such travel concessions as may be provided for by the arrangements to [F67 such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements]; and

(b) that local authority reimburses (or, as the case may be, those local authorities in such proportions respectively as they may agree amongst themselves reimburse) the cost incurred in granting those concessions.

(2) Subject to subsection (3) below, any London authority, or any two or more London authorities acting jointly, may enter into, with any independent transport service operator or with the [F68 Strategic Rail Authority], arrangements under which—

(a) that operator or (as the case may be) the [F68 Strategic Rail Authority] grants such travel concessions as may be provided for by the arrangements to [F69 such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements]; and

(b) that authority reimburses (or, as the case may be, those authorities in such proportions respectively as they may agree among themselves reimburse) the cost incurred in granting those concessions.

(3) The concessions that may be provided for by any arrangements under subsection (1) or (2) above are concessions on journeys—

(a) between places in Greater London;

(b) between such places and places outside but in the vicinity of Greater London; or

(c) between places outside but in the vicinity of Greater London.

(4) Any arrangements entered into by a local authority under subsection (1) or (2) above may include provision for the performance of functions in connection with the travel concessions in question by the local authority or local authorities concerned.

(5) The persons eligible to receive travel concessions under arrangements made under subsection (1) or (2) above [F70 by an authority are persons appearing to the authority to be persons],—

(a) who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the M228 Pensions Act 1995);

[F71 (b) who are blind;

(c) who are partially sighted;

(d) who are profoundly or severely deaf;

(e) who are without speech;

(f) who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;

(g) who do not have arms or have long-term loss of the use of both arms;

(h) who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; or

(i) who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the M229 Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol.]

[F72 (5A) The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection (5)(b) to (i) above.

(5B) Before issuing guidance under subsection (5A) above the Secretary of State shall consult—

(a) the Disabled Persons Transport Advisory Committee;

(b) associations representative of local authorities; and

(c) such other persons as he thinks fit.]

(6) In subsection (2) above independent transport service operator means any person, other than a person to whom subsection (7) below applies, operating—

(a) a public service vehicle undertaking (public service vehicle for this purpose having the meaning given by section 1 of the M230 Public Passenger Vehicles Act 1981);

(b) a system using guided transport within the meaning of subsection (1) of section 67 of the M231 Transport and Works Act 1992;

(c) a railway within the meaning of that subsection;

(d) a tramway within the meaning of that subsection;

(e) a trolley vehicle system within the meaning of that subsection; or

(f) an undertaking providing public passenger transport services on the river Thames or a tributary of the river Thames between places in Greater London or between places in Greater London and places outside Greater London.

(7) This subsection applies to—

(a) Transport for London or any of its subsidiaries;

(b) the [F68 Strategic Rail Authority]; and

(c) any person providing public passenger transport services in pursuance of an agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement.

(8) In this Chapter—

• F73 . . .

• local authority means the council of a county or district and any London authority;

• London authority means any London borough council and the Common Council; and

• travel concession means the reduction or waiver of a fare or charge either absolutely or subject to terms, limitations or conditions.

(9) For the purposes of this Chapter a reference to an agreement entered into by Transport for London under section 156(2) or (3) above includes a reference to an agreement—

(a) which was entered into by London Regional Transport under section 3(2) or (2A) of the M232 London Regional Transport Act 1984, and

(b) which by virtue of section 300 or 415 below has effect as if made by Transport for London.

Textual Amendments

F67 Words in s. 240(1)(a) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(3); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)

F68 Words in s. 240(2)(7) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 67(1)(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F69 Words in s. 240(2)(a) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(3); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)

F70 Words in s. 240(5) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(4); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)

F71 S. 240(5)(b)-(i) substituted for s.240(b)(c) (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(4); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)

F72 S. 240(5A)(5B) inserted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(5); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)

F73 Definition in s. 240(8) omitted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 67(1)(3) and repealed (1.2.2001 for E. by 2000 c. 38, s. 274, Sch. 31 Pt. III; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Modifications etc. (not altering text)

C49 The first reference to "Transport for London" in s. 240(1) amended (temp. from 3.7.2000 to the date defined in S.I. 2000/1504, art. 2(6)) by S.I. 2000/1504, art. 5(1)

C50 S. 240(7) extended (3.7.2000) by S.I. 2000/1504, art. 5(5)

Marginal Citations

M228 1995 c. 26.

M229 1988 c. 52.

M230 1981 c. 14.

M231 1992 c. 42.

M232 1984 c. 32.

241 Reserve free travel scheme for London residents. E+W+S

(1) If immediately before 1st January in any financial year it appears to Transport for London that there are not for the time being in force arrangements under section 240(1) above for travel concessions for London residents which—

(a) meet the requirements of section 242 below as to scope,

(b) meet the requirements of section 243 below as to uniformity, and

(c) will apply throughout the next following financial year,

there shall have effect during that next following financial year a scheme (the free travel scheme) for the purpose of ensuring that travel concessions are provided for [F74 all]eligible London residents.

(2) Where individual arrangements under section 240(1) above made between a particular local authority or local authorities and Transport for London apply to certain eligible London residents only, all arrangements so made shall be considered together for the purpose of determining whether the requirements of sections 242 and 243 below are satisfied.

(3) In any financial year during which the free travel scheme has effect it shall be the duty of Transport for London to provide or secure the provision of the travel concessions for eligible London residents required by the free travel scheme.

(4) In this Chapter eligible London residents means persons resident in Greater London who are eligible in accordance with section 240(5) above to receive travel concessions under arrangements under subsection (1) of that section.

(5) Schedule 16 to this Act (which makes further provision relating to the free travel scheme) shall have effect.

Textual Amendments

F74 Word in s. 241(1) inserted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(6); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)

Modifications etc. (not altering text)

C51 S. 241(2) amended (temp. from 3.7.2000 to the date defined in S.I. 2000/1504, art. 2(6)) by S.I. 2000/1504, art. 6

242 Requirements as to scope. E+W+S

(1) Arrangements under section 240(1) above for travel concessions for London residents meet the requirements of this section as to scope if they provide

[F75 (a)] for the grant of travel concessions to all eligible London residents on journeys falling within subsection (2) below [F76 ; and.

F76 (b) for the travel concessions granted to them to include the concession specified in subsection (8) below.]

(2) [F77 The journeys referred to in subsection (1)(a) above]are journeys of a description falling within section 240(3) above, on the London Local Transport Network.

(3) For the purposes of this Chapter, the London Local Transport Network consists of—

(a) bus services which together make up the London bus network within the meaning of section 181 above;

(b) services using a system of guided transport which are provided by Transport for London or under an agreement entered into by Transport for London under section 156(2) or (3)(a) above or under a transport subsidiary’s agreement;

(c) railway services which are so provided;

(d) tramway services which are so provided; and

(e) services on the river Thames or a tributary of the river Thames which are so provided.

(4) In subsection (3) above guided transport, railway and tramway have the same meanings as in section 240(6) above.

(5) [F78 Subsection (1)(a) above does]not preclude the imposition of terms, limitations or conditions with respect to the particular journeys falling within subsection (2) above on which travel concessions are available.

(6) Such terms, limitations or conditions may make different provision for different categories of eligible London residents.

(7) In this Chapter a reference to a category of eligible London residents is a reference to [F79 a category specified in any one of the paragraphs]of section 240(5) above.

[F80 (8) The travel concession which must be included is a half-price concession for each journey on the London bus network which begins—

(a) at any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the M233 Banking and Financial Dealings Act 1971; or

(b) in the period from midnight to 4.30 a.m, or the period from 9.30 a.m. to midnight, on any other day.

F80 (9) In subsection (8) above half-price concession, in relation to a journey, means the reduction of the fare for the journey to not more than one-half of that applicable to an adult who is not entitled to any reduction.

F80 (10) The Secretary of State may by order amend this section for or in connection with securing that subsection (8) above provides for the reduction of fares to less than one-half of those applicable to adults who are not entitled to any reduction or for waiver of fares.]

Textual Amendments

F75 Word "(a)" in s. 242(1) inserted (1.4.2001) by 2000 c. 38, s. 151(7)(8); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)

F76 Word in s. 242(1)(a) and s. 242(1)(b) inserted (1.4.2001) by 2000 c. 38, s. 151(7)(8); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)

F77 Words in s. 242(2) substituted (E.W) (1.4.2001) by 2000 c. 38, s. 151(7)(9); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)

F78 Words in s. 242(5) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(7)(10); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)

F79 Words in s. 242(7) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(7)(11); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)

F80 S. 242(8)-(10) inserted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(7)(12); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)

Modifications etc. (not altering text)

C52 S. 242(3) extended (temp. from 3.7.2000 to the date defined in S.I. 2000/1504, art. 2(b)) by S.I. 2000/1054, art. 7

Marginal Citations

M233 1971 c. 80.

243 Requirements as to uniformity. E+W+S

(1) Arrangements under section 240(1) above for travel concessions for London residents meet the requirements of this section as to uniformity if they—

(a) make the same provision, for all eligible London residents of the same category, with respect to the benefit of any travel concession granted to those residents under the arrangements and the periods during which it is available;

(b) make the enjoyment of the benefit of any travel concession granted under the arrangements conditional on the production, by any person seeking to travel under that concession, of a travel concession permit issued to him in accordance with the arrangements; and

(c) make the same provision with respect to the period of validity of all travel concession permits issued in accordance with the arrangements to eligible London residents of the same category,

whether or not, in any other respects, the arrangements make different provision for different cases to which they apply.

(2) References in subsection (1) above to the benefit of a travel concession are references to the waiver or reduction of any fare or charge to which the arrangements in question apply, as distinct from any terms, limitations or conditions applicable to that waiver or reduction in accordance with the arrangements.

(3) For the requirements of this section as to uniformity to be met it is sufficient that those requirements are met in relation to each description of services comprising the London Local Transport Network individually.

(4) The reference in subsection (3) above to a description of services is a reference to the descriptions mentioned in paragraphs (a) to (e) of section 242(3) above.

(5) In this Chapter travel concession permit means, in relation to a travel concession granted under or by virtue of this Chapter, a document in any form indicating that the person to whom it is issued is a person entitled in accordance with the provisions of this Chapter to receive the concession in question.

[F81 (6) No charge may be made for the issue to an eligible London resident of a travel concession permit relating to the travel concession specified in section 242(8) above.]

Textual Amendments

F81 S. 243(6) inserted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(7)(13); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)

244 Exercise of functions by a joint committee. E+W+S

(1) If all the London authorities enter into arrangements under section 101(5) of the M234 Local Government Act 1972 for the joint discharge of their functions under—

(a) subsection (1) of section 240 above, or

(b) subsection (2) of that section,

and the arrangements so provide, then this section shall apply.

(2) The arrangements shall have effect for such period as may be specified in the arrangements or until otherwise terminated by the unanimous decision of the London authorities.

(3) The arrangements must provide for the function to be discharged only by a joint committee under section 101(5)(a) of the M235 Local Government Act 1972.

(4) The joint committee must consist of one member of each London authority.

(5) Decisions of the joint committee must be unanimous decisions of those present and voting.

(6) Subsection (5) above is subject to a resolution of the joint committee, passed unanimously by those present and voting, that—

(a) decisions of a kind specified in the resolution, or

(b) decisions generally,

may be made by such majority of those present and voting as may be specified in the resolution.

(7) The majority specified in a resolution under subsection (6) above must be not less than two-thirds of the members of the joint committee.

(8) In consequence of the preceding provisions of this section—

(a) section 102 of the M236 Local Government Act 1972 (appointment of committees) has effect in relation to the joint committee subject to those provisions; and

(b) paragraph 39(1) of Schedule 12 to that Act (questions to be decided by simple majority), as applied to a joint committee by paragraph 44(1) of that Schedule, does not have effect in relation to the joint committee.

Marginal Citations

M234 1972 c. 70.

M235 1972 c. 70.

M236 1972 c. 70.

Chapter IX U.K. Penalty Fares

245 Penalty fares. U.K.

Schedule 17 to this Act shall have effect for the purpose of providing for the payment of penalty fares in the circumstances set out in that Schedule.

Commencement Information

I53 S. 245 in force at 15.7.2003 in so far as not already in force by S.I. 2003/1920, art. 2(c)

Chapter X U.K. The Transport Users’ Committee

246 Abolition of the London Regional Passengers’ Committee. U.K.

(1) Section 40 of the M237 London Regional Transport Act 1984 (which established the London Regional Passengers’ Committee) shall cease to have effect.

(2) Any appointment to the London Regional Passengers’ Committee in pursuance of that section shall cease to have effect.

Marginal Citations

M237 1984 c. 32.

247 The London Transport Users’ Committee. E+W+S

(1) There shall be a body corporate to be known as the London Transport Users’ Committee, referred to in this Chapter as the Committee.

(2) The Committee shall consist of—

(a) a Chairman, and

(b) not more than twenty-four other members,

appointed by the Assembly after consultation with the [F82 Strategic Rail Authority].

(3) In appointing members under subsection (2) above, the Assembly shall have regard to the desirability of ensuring that the members of the Committee between them represent the interests of—

(a) those who use passenger transport facilities and services in Greater London, and

(b) those who use rail passenger transport facilities and services in the area for which the Committee is treated as the [F83 Rail Passengers’ Committee]by virtue of section 2(4) of the M238 Railways Act 1993.

(4) A person may not be appointed under subsection (2) above if he is—

(a) an Assembly member,

(b) a member of Transport for London,

(c) a member of staff of Transport for London, or

(d) a member of staff of the Authority.

(5) If, at any time after he is appointed, a member of the Committee becomes a person within subsection (4)(a) to (d) above, he shall cease to be a member of the Committee.

(6) The Assembly may designate one or more members of the Committee to be deputy chairman or (as the case may be) deputy chairmen of the Committee.

(7) Schedule 18 to this Act shall have effect with respect to the Committee.

Textual Amendments

F82 Words in s. 247(2) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 60; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F83 Words in s. 247(3)(b) substituted (1.2.2001) by 2000 c. 38, s. 227(2), Sch. 22 para. 22; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Marginal Citations

M238 1993 c.43.

248 Representations to the Committee. E+W+S

(1) The Committee shall consider and, where it appears to the Committee to be desirable, make recommendations with respect to, any matter—

(a) affecting the functions of the Authority or Transport for London which relate to transport, and

(b) falling within subsection (3) below, other than a matter relating to the transportation of freight.

(2) The matters falling within subsection (1)(a) above include in particular any matter relating to—

(a) services or facilities provided by Transport for London or any of its subsidiaries,

(b) services or facilities provided in pursuance of an agreement entered into by Transport for London or in pursuance of a transport subsidiary’s agreement,

(c) services or facilities otherwise authorised by Transport for London to be provided,

(d) a hackney carriage or a person licensed to be the driver of a hackney carriage, or

(e) a private hire vehicle or a person who holds a private hire vehicle driver’s licence or a private hire vehicle operator’s licence.

(3) A matter falls within this subsection—

(a) if it has been the subject of representations (other than representations appearing to the Committee to be frivolous) made to the Committee by or on behalf of users of—

(i) any of the services or facilities mentioned in subsection (2) above, or

(ii) hackney carriages or private hire vehicles,

(b) if it has been referred to the Committee by Transport for London or the Authority, or

(c) if it otherwise appears to the Committee to be a matter to which consideration ought to be given.

(4) Where a representation is made to the Committee in respect of a matter relating to a highway for which Transport for London is the highway authority and the traffic authority, the Committee shall in making any recommendation under subsection (1) above consider the interests of all those who use the highway for the purposes of passenger transport, including cyclists and pedestrians.

(5) Where a representation is made to the Committee about a matter—

(a) which relates to passenger transport by land or water in Greater London, but

(b) which is not a matter the Committee must consider by virtue of subsection (1) above,

the Committee shall refer the matter to the person whom the Committee considers the most appropriate to consider the matter.

(6) Where a representation is made to the Committee about a matter falling within subsection (2)(d) or (e) above and the matter relates to—

(a) any contravention of, or failure to comply with, any rule of law, or

(b) any breach of condition of a licence which has been granted by Transport for London,

the Committee shall refer the matter to Transport for London and shall notify the person who made the representation of the referral.

(7) Where the Committee refers a matter under subsection (5) above, the Committee shall inform the person who made the representation of the name of the body or person to whom the matter has been referred.

(8) In this section—

• hackney carriage means a vehicle licensed under section 6 of the M239 Metropolitan Public Carriage Act 1869;

• person licensed to be the driver of a hackney carriage means a person licensed under section 8 of the M240 Metropolitan Public Carriage Act 1869 or section 8 of the M241 London Hackney Carriages Act 1843;

• private hire vehicle means a vehicle for which a private hire vehicle licence for London is in force under section 7 of the M242 Private Hire Vehicles (London) Act 1998;

• private hire vehicle driver’s licence means a licence granted under section 13 of that Act;

• private hire vehicle operator’s licence means a licence granted under section 3 of that Act.

Modifications etc. (not altering text)

C53 S. 248 amended (temp. from 28.6.2000 to the date defined in S.I. 2000/1484, art. 7(3)) by S.I. 2000/1484, art. 7(1)(3)

Marginal Citations

M239 1869 c. 115.

M240 1869 c. 115.

M241 1843 c. 86.

M242 1998 c. 34.

249 Voluntary arrangements with transport providers. E+W+S

(1) The Committee may enter into arrangements with any person providing public passenger transport services or facilities in Greater London under which the Committee may consider any matter—

(a) which relates to such transport services or facilities provided by that person, but

(b) which is not a matter falling within section 248(1) above.

(2) Arrangements under subsection (1) above shall be on such terms as may be agreed by the parties but may in particular include provision for the person with whom the Committee enters into the arrangements to make such payments by way of reimbursement of costs incurred by the Committee under the arrangements as the arrangements may specify.

(3) Arrangements under this section may be entered into by the Committee only with the consent of the Assembly.

250 Recommendations and reports etc. E+W+S

(1) Copies of the minutes, conclusions and recommendations of the Committee with respect to any matter shall be sent—

(a) to the Assembly,

(b) to the Mayor, and

(c) to Transport for London.

(2) The Committee shall make an annual report to the Assembly and the [F84 Strategic Rail Authority].

(3) Where the Assembly, the Mayor or Transport for London reach a decision with respect to matters dealt with in any recommendation received under subsection (1) above, the decision shall be notified to the Committee.

Textual Amendments

F84 Words in s. 250(2) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 61; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Modifications etc. (not altering text)

C54 S. 250(1)(3) excluded (temp. from 28.6.2000 to the date defined in S.I. 2000/1484, art. 7(3)) by S.I. 2000/1484, art. 7(2)

251 Directions by the Assembly. E+W+S

(1) The Assembly may issue to the Committee—

(a) guidance as to the manner in which they are to exercise their functions, or

(b) general directions as to the manner in which they are to exercise their functions.

(2) The Committee shall exercise their functions in accordance with such guidance or directions as may be issued by the Assembly under subsection (1) above.

(3) Any guidance or directions issued under subsection (1) above must be issued in writing and notified to such officer of the Committee as the Committee may from time to time nominate to the Assembly for the purpose.

252 Role as [F85 Rail Passengers’ Committee]. E+W+S

(1) In section 2(4) of the M243 Railways Act 1993 (London Regional Passengers’ Committee to be the [F86 Rail Passengers’ Committee] for Greater London), for London Regional Passengers’ Committee there shall be substituted “ London Transport Users’ Committee ”.

(2) Schedule 19 to this Act (which contains amendments of enactments relating to the London Regional Passengers’ Committee in consequence of the substitution for that committee of the London Transport Users’ Committee) shall have effect.

Textual Amendments

F85 Words in sidenote substituted (1.2.2001) by 2000 c. 38, s. 227(1), Sch. 22 para. 23(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)

F86 Words in s. 252(1) substituted (1.2.2001) by 2000 c. 38, s. 227(1), Sch. 22 para. 23(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)

Marginal Citations

M243 1993 c. 43.

Chapter XI U.K. Hackney Carriages and Private Hire Vehicles

253 Hackney carriages. U.K.

Schedule 20 to this Act (which makes provision about hackney carriages) shall have effect.

254 The Private Hire Vehicles (London) Act 1998. U.K.

(1) Except as provided by the following provisions of this section, the functions of the Secretary of State under the M244 Private Hire Vehicles (London) Act 1998 are transferred by this subsection to Transport for London.

(2) Subsection (1) above does not apply to any functions of the Secretary of State under section 37, 38 or 40 of that Act (transitional provisions, financial provisions and commencement etc).

(3) Schedule 21 to this Act (which makes amendments to the M245 Private Hire Vehicles (London) Act 1998 in consequence of subsections (1) and (2) above) shall have effect.

(4) Any regulations made, licence issued, authorisation granted, or other thing done under the Private Hire Vehicles (London) Act 1998, other than section 37, 38 or 40, by or in relation to the Secretary of State before the coming into force of this section shall have effect as from the coming into force of this section as made, issued, granted or done by or in relation to Transport for London.

Commencement Information

I54 S. 254 wholly in force at 7.11.2001; s. 254 not in force at Royal Assent see s. 425(2); s. 254 in force at 22.1.2001 for specified purposes by S.I. 2000/3145, art. 2(a); s. 254 in force insofar as not already in force at 7.11.2001 by S.I. 2001/3603, art. 2

Marginal Citations

M244 1998 c. 34.

M245 1998 c. 34.

255 Provisions consequent on alteration of metropolitan police district. U.K.

(1) Where, by virtue of the coming into force of section 323 below, the whole or any part of the area of a district council ceases to be within the metropolitan police district, the following provisions of this section shall have effect.

(2) The provisions of the M246 Town Police Clauses Act 1847 with respect to hackney carriages, as incorporated in the M247 Public Health Act 1875, shall apply throughout the council’s area.

(3) The council’s area shall constitute a single licensing area for the purposes of those provisions, without the passing of any resolution under Part II of Schedule 14 to the M248 Local Government Act 1972 (extension resolutions).

(4) The provisions of Part II of the M249 Local Government (Miscellaneous Provisions) Act 1976 (hackney carriages and private hire vehicles) shall also apply throughout the council’s area, without the passing of any resolution under section 45 of that Act (application of Part II).

(5) Where an order is made under section 425 below bringing section 323 below into force, the provision that may be made by virtue of section 420 or 425 below includes provision enabling or facilitating—

(a) the making of byelaws,

(b) the issuing of licences, discs or plates, and

(c) the establishment and operation of a licensing system,

in relation to hackney carriages or private hire vehicles by a district council falling within subsection (1) above in preparation for the coming into force of this section.

(6) The provision that may be made by virtue of subsection (5) above includes provision for the application of any enactment with or without modification.

(7) Subsections (5) and (6) above are without prejudice to the provision that may be made by virtue of sections 420 and 425 below.

Commencement Information

I55 S. 255 wholly in force at 1.4.2000; s. 255 in force for specified purposes at Royal Assent, see s. 425(2); s. 255 in force (1.4.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(a), Sch. Pt 1

Marginal Citations

M246 1847 c. 89.

M247 1875 c. 55.

M248 1972 c. 70.

M249 1976 c. 57.

Chapter XII E+W+S Water Transport

256 Provision of facilities to benefit users of waterways. E+W+S

(1) Subject to subsection (2) below, Transport for London may provide or secure the provision of such amenities and facilities as it considers would benefit persons using any waterway.

(2) Before commencing any works for the purposes of exercising the powers under subsection (1) above, Transport for London shall—

(a) comply with any requirement in an enactment to obtain a licence or consent in respect of the works, or

(b) if there is no such requirement, obtain the consent to the works of any person who is under a duty to maintain the waterway to which they relate.

257 The Woolwich Ferry. E+W+S

The duty of the Secretary of State under section 16 of the M250 Metropolitan Board of Works (Various Powers) Act 1885 to work a ferry-boat across the River Thames is transferred to Transport for London by this section.

Marginal Citations

M250 1885 c. clxvii.

258 Landing places: transfer of certain rights and obligations. E+W+S

(1) This section applies where—

(a) a landing place was transferred to London Regional Transport or any of its subsidiaries on or after 31st March 1999 but before this section comes into force, or

(b) after this section comes into force a landing place is transferred to London Regional Transport or any of its subsidiaries pursuant to an agreement made on or after 31st March 1999 but before this section comes into force.

(2) In this section qualifying landing place—

(a) means a landing place transferred as mentioned in subsection (1)(a) or (b) above, and

(b) includes any property associated with the landing place and transferred with it.

(3) Any agreement —

(a) made between the transferor of a qualifying landing place and the owner of a vessel, or with a waterman in respect of a vessel not owned by him, and

(b) which concerns the use of the qualifying landing place by the vessel,

shall have effect on and after the relevant date in accordance with subsections (4) to (6) below.

(4) The agreement shall have effect as if—

(a) the transferee had been a party to the agreement instead of the transferor;

(b) for any reference to the transferor there were substituted a reference to the transferee;

(c) any reference to any officer or member of staff of the transferor were a reference to such person as the transferee may appoint or, in default of appointment, to the officer or member of staff of the transferee who most closely corresponds to the transferor’s officer or member of staff;

and this subsection shall apply whether or not the agreement is capable of being assigned or transferred.

(5) An agreement shall only have effect in accordance with subsection (4) above—

(a) to the extent that the agreement concerns the use of the qualifying landing place by the vessel, and

(b) in relation to things falling to be done under the agreement on or after the relevant date.

(6) An agreement shall not have effect in accordance with subsection (4) above to the extent that the transferor and the transferee have made contrary provision.

(7) For the purposes of this section—

• landing place means any waterside landing place, pier, jetty, pontoon or other similar installation;

• transferee, in relation to a qualifying landing place, means the body (being London Regional Transport or one of its subsidiaries) to which the landing place is or was transferred as mentioned in subsection (1)(a) or (b) above;

• transferor, in relation to qualifying landing place, means the person by whom the landing place is or was transferred to a transferee as mentioned in subsection (1)(a) or (b) above;

• relevant date, in the case of a qualifying landing place, means—

  (a)

  the date when this section comes into force if on that date the landing place has been transferred to a transferee, or

  (b)

  if the landing place has not been so transferred, the date when it is transferred to the transferee;

• waterman means a person who navigates a vessel used for carrying passengers for reward.

Chapter XIII U.K. Highways

GLA roads E+W+S

259 Introductory. E+W+S

(1) Section 1 of the M251 Highways Act 1980 (highway authorities: general provisions) shall be amended as follows.

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

“(2A) Transport for London is the highway authority for all GLA roads.”

(3) In subsection (3) (highways for which a London borough council or the Common Council is the highway authority) after which are not there shall be inserted “ for the time being GLA roads or ”.

(4) In section 2(1) of the M252 Highways Act 1980 (highway authority for road which ceases to be a trunk road) for paragraph (b) (roads in London boroughs) there shall be substituted—

“(b) where the road is situated in Greater London, Transport for London,”.

(5) After subsection (2) there shall be added—

“(3) Where Transport for London becomes the highway authority for a road by virtue of subsection (1) above, the road shall become a GLA road.”

Marginal Citations

M251 1980 c. 66.

M252 1980 c. 66.

260 Designation of first GLA roads. E+W+S

After section 14 of the M253 Highways Act 1980 there shall be inserted—

“ GLA roads E+W+S

14A Designation of first GLA roads by Secretary of State.

(1) The Secretary of State may by order designate highways or proposed highways as highways which are to be GLA roads.

(2) Any highway or proposed highway so designated—

(a) shall become a GLA road, and

(b) if it is a trunk road or other highway for which the Secretary of State is the highway authority, shall accordingly cease to be such a road or highway,

on such date as may be specified in that behalf in the order.

(3) Orders under this section may be made or amended at any time before the beginning of the term of office of the first Mayor of London.”

Marginal Citations

M253 1980 c. 66.

261 Orders by the Authority changing what are GLA roads. E+W+S

After section 14A of the M254 Highways Act 1980 there shall be inserted—

“14B Orders of the Authority changing what are GLA roads.

(1) The Mayor of London shall keep under review the system of highways and proposed highways in Greater London and the allocation of responsibility for that system between the different local highway authorities.

(2) If the Mayor of London considers it expedient that—

(a) any highway or proposed highway in Greater London, other than a trunk road, should become a GLA road, or

(b) that any GLA road should cease to be such a road and should become a road for which the highway authority is a London borough council or the Common Council,

the Greater London Authority may by order direct that that highway or proposed highway shall become, or (as the case may be) that that road shall cease to be, a GLA road as from such date as may be specified in that behalf in the order.

(3) Where an order under subsection (2) above directs that a highway or proposed highway shall become a GLA road, it shall become such a road as from the date specified in that behalf in the order.

(4) Where an order under subsection (2) above directs that a GLA road shall cease to be such a road, then, as from the date specified in that behalf in the order, the road shall cease to be a GLA road and the following authority, that is to say—

(a) where the road is situated in a London borough, the council for the London borough, and

(b) where the road is situated in the City, the Common Council,

shall become the highway authority for the road.

(5) An order under this section shall be of no effect unless—

(a) it is made with the consent of the relevant highway authority; or

(b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.

(6) For the purposes of subsection (5) above, the relevant highway authority is—

(a) in the case of an order directing that a highway or proposed highway shall become a GLA road, the authority which is the highway authority for the highway or proposed highway; and

(b) in the case of an order directing that a GLA road shall cease to be such a road, the authority which will become the highway authority for the road in consequence of the order.”

Marginal Citations

M254 1980 c. 66.

262 Certification and records of GLA roads. E+W+S

After section 14B of the M255 Highways Act 1980 there shall be inserted—

“14C Certification and records of GLA roads.

(1) A certificate by or on behalf of Transport for London that any highway or proposed highway is, or is not, for the time being a GLA road shall be evidence of the facts stated in the certificate.

(2) A certificate under subsection (1) above may describe the highway or proposed highway in question by reference to a map.

(3) Transport for London shall prepare and maintain a record of the highways which are for the time being GLA roads.

(4) The record required to be prepared and maintained under subsection (3) above may consist of—

(a) a list;

(b) a map; or

(c) a list and a map.

(5) Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council.

(6) Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours.”

Marginal Citations

M255 1980 c. 66.

263 Supplementary provisions. E+W+S

(1) After section 14C of the M256 Highways Act 1980 there shall be inserted—

“14D Construction of provisions relating to GLA roads.

(1) Any reference in any provision of this Act or any other enactment to a GLA road shall be construed as a reference to a highway or proposed highway in Greater London which is for the time being a GLA road by virtue of—

(a) section 2(3) above;

(b) an order made by the Secretary of State under section 14A above; or

(c) an order made under section 14B above by the Greater London Authority.

(2) The functions conferred or imposed on the Greater London Authority in relation to GLA roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

(3) Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the London Assembly.”

(2) In section 325 of the M257 Highways Act 1980 (regulations, schemes and orders)—

(a) in subsection (1)(d) (power to confirm orders exercisable by statutory instrument, except as there mentioned)—

(i) after sections 14, there shall be inserted “ 14B, ”, and

(ii) for and 124 there shall be substituted “ , 124 and 266B ”;

(b) in subsection (2)(b) (orders subject to negative parliamentary procedure) after section there shall be inserted “ 14A or ”.

(3) Section 326 of the M258 Highways Act 1980 (revocation or variation of schemes and orders) shall be amended as follows.

(4) In subsection (2) (orders made otherwise than by statutory instrument)—

(i) after section 14, there shall be inserted “ 14B, ”, and

(ii) for or 124 there shall be substituted “ , 124 or 266B ”.

(5) In subsection (6) (orders which may make consequential provision)—

(i) after section 14, there shall be inserted “ 14A, 14B, ”, and

(ii) for or 124 there shall be substituted “ , 124 or 266B ”.

(6) In section 329 of the M259 Highways Act 1980 (further provisions as to interpretation) in subsection (1), the following definition shall be inserted at the appropriate place—

• “GLA road shall be construed in accordance with section 14D(1) above;”.

Marginal Citations

M256 1980 c. 66.

M257 1980 c. 66.

M258 1980 c. 66.

M259 1980 c. 66.

264 Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road. E+W+S

After section 266 of the M260 Highways Act 1980 there shall be inserted—

“266A Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.

(1) This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road.

(2) As from the operative date there are transferred to the new highway authority by virtue of this section—

(a) the property mentioned in subsection (4) below, in so far as, immediately before the operative date, it was vested in the former highway authority for the purposes of their functions in relation to the transferred highway, and

(b) all liabilities incurred by any such authority for the purposes of its functions in relation to the transferred highway and not discharged before the operative date, other than loans and loan charges,

and the property and liabilities so transferred vest, by virtue of this section, in the new highway authority.

(3) There is not transferred to the new highway authority by virtue of this section any right or liability in respect of—

(a) work done, services rendered, goods delivered, or money due for payment, before the operative date, or

(b) damages or compensation for any act or omission before that date, or

(c) the price of, or compensation for, any land purchased, or for which a contract to purchase has been concluded, before that date.

(4) The property referred to in subsection (2)(a) above is—

(a) land, other than land—

(i) vested in the former highway authority for the purpose of being used for the storage of materials required wholly or mainly for the maintenance and improvement of other highways, or

(ii) acquired for the improvement or development of frontages to the highway, or of land adjoining or adjacent to the highway, and

(b) all other property (including unexpended balances of any grants paid by the Minister to the former highway authority), other than—

(i) materials to be used for the maintenance or improvement of the highway, and

(ii) the unexpended balances of any loans raised by the former highway authority.

(5) Any property vested in the new highway authority by virtue of this section shall be held by it subject to all covenants, conditions and restrictions subject to which the property was held by the former highway authority and to all liabilities affecting the property, except liabilities referred to in subsection (3) above.

(6) The new highway authority and the former highway authority may agree, on such terms as they think fit—

(a) that any property or liabilities (except loans and loan charges) acquired or incurred by the former highway authority for the purposes of their functions in relation to the transferred highway, other than property or liabilities transferred to the new highway authority by virtue of this section, shall be transferred to the new highway authority, or

(b) that any property or liabilities transferred to the new highway authority by virtue of this section shall be re-transferred to the former highway authority.

(7) Any dispute between the new highway authority and any other person as to the property or liabilities transferred by virtue of this section shall be determined by arbitration.

(8) Paragraphs 1 and 3 to 8 of Schedule 21 to this Act shall have effect for the purpose of providing for transitional matters arising where a highway or proposed highway becomes, or ceases to be, a GLA road as it applies where a highway becomes, or ceases to be, a trunk road; but in having such effect those paragraphs shall be treated as if—

(a) for the references to a trunk road there were substituted references to a GLA road, and

(b) for the references to the Minister there were substituted references to the new highway authority (within the meaning of this section).

(9) For the purposes of this section—

• former highway authority means the highway authority for the transferred highway immediately before the operative date;

• new highway authority means the highway authority for the transferred highway immediately after the operative date;

• operative date means the date on which the highway or proposed highway becomes, or ceases to be, a GLA road;

• property includes property, rights and powers of every description; and

• transferred highway means the highway or proposed highway which is the subject of the order under section 14B(2) above.”

Marginal Citations

M260 1980 c. 66.

265 Transfer of employees upon a highway becoming or ceasing to be a GLA road. E+W+S

After section 266A of the M261 Highways Act 1980 there shall be inserted—

“266B Transfer of employees upon a highway becoming or ceasing to be a GLA road.

(1) This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road.

(2) The Greater London Authority may, if it is necessary in connection with the highway becoming, or ceasing to be, a GLA road, by order make schemes containing provision for or in connection with the transfer from the former highway authority to the new highway authority of rights and liabilities under contracts of employment.

(3) The rights and liabilities which may be transferred by such a scheme include rights and liabilities which would not otherwise be capable of being transferred or assigned.

(4) Subsections (5) to (7) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.

(5) Anything done by or in relation to the former highway authority in respect of the employee before the day on which the transfer of the rights and liabilities takes effect shall be treated on and after that day as done by or in relation to the new highway authority.

(6) For the purposes of Part XI of the M262 Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.

(7) For the purposes of that Act, the employee’s period of employment with the former highway authority shall count as a period of employment with the new highway authority, and the change of employment shall not break the continuity of the period of employment.

(8) An order under this section shall be of no effect unless—

(a) it is made with the consent of the relevant highway authority; or

(b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.

(9) For the purposes of subsection (8) above, the relevant highway authority is—

(a) in a case where the order under section 14B above directs that a highway or proposed highway shall become a GLA road, the former highway authority; and

(b) in a case where the order directs that a GLA road shall cease to be such a road, the new highway authority.

(10) Section 266A(9) above also applies for the purposes of this section.”

Marginal Citations

M261 1980 c. 66.

M262 1996 c. 18.

London borough councils E+W

266 Exercise of powers so as to affect another authority’s roads. E+W

After section 301 of the M263 Highways Act 1980 there shall be inserted—

“ London borough council affecting roads of another authority E+W

301A London borough council exercising powers so as to affect another authority’s roads.

(1) No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,—

(a) a GLA road, or

(b) a road in another London borough,

unless the requirements of subsections (2) and (3) below have been satisfied.

(2) The first requirement is that the council has given notice of the proposal to exercise the power in the way in question—

(a) to Transport for London; and

(b) in a case where the road concerned is in another London borough, to the council for that borough.

(3) The second requirement is that—

(a) the proposal has been approved by Transport for London, in the case of a GLA road, or by the London borough council concerned, in the case of any other road; or

(b) the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or

(c) any objection made by Transport for London or the council has been withdrawn; or

(d) where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection.

(4) Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.

(5) If Transport for London has reason to believe—

(a) that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect, a GLA road or a road in another London borough, and

(b) that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above,

Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied.

(6) If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.

(7) For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.

(8) Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.

(9) The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.

(10) A direction under subsection (9) above may, in particular, dispense with those requirements as respects—

(a) all or any of the London borough councils;

(b) all or any of the GLA roads;

(c) all or any of the roads which are neither GLA roads nor trunk roads;

(d) the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified.

(11) Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.

(12) Any reference in this section to a GLA road includes a reference to a GLA side road, within the meaning of the M264 Road Traffic Regulation Act 1984 (see sections 124A(9) and 142(1) of that Act).

(13) In this section road means any length of highway or of any other road to which the public has access and includes bridges over which a road passes.

(14) Subsection (13) above is without prejudice to the construction of references to GLA roads or GLA side roads.

(15) The functions of the Greater London Authority under this section shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

(16) For the purposes of this section—

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough; and

(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.”

Commencement Information

I56 S. 266 wholly in force at 3.7.2000; s. 266 not in force at Royal Assent see s. 425(2); s. 266 in force (8.5.2000) for specified purposes by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 266 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M263 1980 c. 66.

M264 1984 c. 27.

Miscellaneous and supplementary E+W

267 Proposals for Royal Parks and highways: consultation. E+W

After section 301A of the M265 Highways Act 1980 there shall be inserted—

“301B Royal Parks or highways in London affected by proposals relating to the other.

(1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted the highway authority for the highway about the exercise of those functions in that way.

(2) A highway authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.

(3) The duty imposed by subsection (1) or (2) above shall not apply if it would not be reasonably practicable for the Secretary of State or, as the case may be, the highway authority to consult the other before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State or, as the case may be, the highway authority shall inform the other that those functions have been so exercised.

(4) In this section Royal Park means any park to which the M266 Parks Regulation Act 1872 applies (see sections 1 and 3 of the M267 Parks Regulation (Amendment) Act 1926).”

Marginal Citations

M265 1980 c. 66.

M266 1872 c. 15.

M267 1926 c. 36.

268 Road humps. E+W

(1) The M268 Highways Act 1980 shall be amended as follows.

(2) In section 90A(1) (construction of road humps by highway authority) at the end of paragraph (b) there shall be inserted “or

(c) (whether or not the highway is subject to such a limit) the road humps fall within section 90CA below.”

(3) After section 90C there shall be inserted—

“90CA Special procedure for certain road humps in London.

(1) A road hump falls within this section if—

(a) it is constructed by a local highway authority in Greater London, and

(b) the requirements of subsections (2) and (3) below have been complied with.

(2) The requirement of this subsection is that before starting to construct the road hump the authority concerned gives the Secretary of State notice stating—

(a) the nature, dimensions and location of the proposed road hump,

(b) the spacing between the proposed road hump and any other humps constructed, or proposed to be constructed, in the vicinity,

(c) the type and description of signs which are proposed to be located in the highway in connection with the proposed hump,

(d) the statutory speed limit for motor vehicles to which the highway where it is proposed to construct the hump is subject, and

(e) the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority.

(3) The requirement of this subsection is that in deciding—

(a) whether to proceed with the construction of the road hump, and

(b) what the nature, dimensions and location of the road hump as constructed are to be,

the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.”

(4) After section 90D(4) there shall be inserted—

“(5) Regulations under this section do not apply where a road hump falls within section 90CA above.”

(5) In section 90E(1) for the words from Where to satisfied there shall be substituted “ Where the requirements of subsections (1A), (1B) or (1C) are satisfied in relation to a road hump ”.

(6) After section 90E(1) there shall be inserted—

“(1A) The requirements of this subsection are that—

(a) regulations under section 90D above apply to the road hump,

(b) the road hump conforms to the regulations, and

(c) if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied.

(1B) The requirements of this subsection are that—

(a) the road hump is specially authorised by the Secretary of State,

(b) the road hump conforms with the conditions attached to the authorisation, and

(c) if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied.

(1C) The requirements of this subsection are that—

(a) the road hump falls within section 90CA, and

(b) if the road hump is in a highway maintainable at the public expense, the condition mentioned in subsection (2)(a) below is satisfied.”

(7) Section 90E(3) shall be omitted.

Marginal Citations

M268 1980 c. 66.

269 Traffic calming. E+W

(1) The M269 Highways Act 1980 shall be amended as follows.

(2) In section 90G(1) (powers to carry out traffic calming works) at the end of paragraph (b) there shall be inserted “or

(c) fall within section 90GA below,”.

(3) In section 90G(2) for subsection (1) there shall be inserted “ subsection (1)(a) or (b) ”.

(4) After section 90G there shall be inserted—

“90GA Special procedure for certain traffic calming works in London.

(1) Traffic calming works fall within this section if—

(a) the works are constructed by a local highway authority in Greater London, and

(b) the requirements of [F87 subsections (2), (3) and (4)] below have been complied with.

(2) The requirement of this subsection is that before starting to construct the works the authority concerned gives the Secretary of State notice stating—

(a) the nature, dimensions and location of the proposed works,

(b) the type and description of signs which are proposed to be located in the highway in connection with the proposed hump, and

(c) the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority.

(3) The requirement of this subsection is that in deciding—

(a) whether to proceed with the construction of the works, and

(b) what the nature, dimensions and location of the works as constructed are to be,

the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.”

[F88 (4) The requirement of this subsection is that the authority concerned complies with such requirements as to consultation and publicity as may be prescribed by regulations made by the Secretary of State.]

(5) In section 90I for the words from Works to authorisation there shall be substituted—

“(1) Works (whenever constructed) to which this subsection applies”.

(6) At the end of section 90I there shall be inserted—

“(2) Subsection (1) above applies—

(a) to works of a description prescribed by regulations under section 90H above or specially authorised under section 90G above which conform to any requirements imposed by the regulations or authorisation, and

(b) to works which fall within section 90GA above.”

Textual Amendments

F87 S. 269(4): Words in the s. 90GA(1)(b) to be inserted into 1980 c. 66 substituted (27.5.2000) by S.I. 2000/1435, art. 7(3)

F88 S. 269(4): subsection (4) in the s. 90GA to be inserted into 1980 c. 66 inserted (27.5.2000) by S.I. 2000/1435, art. 7(4)

Marginal Citations

M269 1980 c. 66.

270 Stopping up orders by London councils. E+W

Schedule 22 to this Act (which contains amendments to the M270 Highways Act 1980 and the M271 Town and Country Planning Act 1990) shall have effect.

Marginal Citations

M270 1980 c. 66.

M271 1990 c. 8.

Chapter XIV E+W+S Road Traffic

Transport for London as a traffic authority E+W+S

271 Transport for London to be traffic authority for GLA roads etc. E+W+S

(1) Section 121A of the M272 Road Traffic Regulation Act 1984 (traffic authorities) shall be amended as follows.

(2) After subsection (1) there shall be inserted—

“(1A) Transport for London is the traffic authority for every GLA road.”

(3) In subsection (2) (London borough council or Common Council to be traffic authority for roads in the borough or the City for which the Secretary of State is not the traffic authority) after in the City there shall be inserted “ which are not GLA roads and ”.

Marginal Citations

M272 1984 c. 27.

272 GLA side roads. E+W+S

After section 124 of the M273 Road Traffic Regulation Act 1984 there shall be inserted—

“124A GLA side roads.

(1) The Secretary of State may by order designate roads or proposed roads as roads which are to be GLA side roads.

(2) Any road or proposed road so designated shall become a GLA side road on such date as may be specified in the order.

(3) A road may only be a GLA side road if it has a junction with—

(a) a GLA road; or

(b) another road which has a junction with a GLA road.

(4) A road or proposed road shall not be a GLA side road if it is a trunk road or other highway for which the Secretary of State is the highway authority.

(5) A road may only be a GLA side road if and to the extent that the appropriate authority considers it appropriate for the road to be a GLA side road in the interests of the management of traffic and the control of the waiting and loading of vehicles on or in the immediate vicinity of GLA roads.

(6) The Secretary of State may by order make provision for or in connection with applying in relation to GLA side roads, with such modifications as he thinks fit, the provisions of sections 14B and 14C of the M274 Highways Act 1980 (orders changing what are GLA roads and certification and records of GLA roads).

(7) The provision that may be made under subsection (6) above is subject to subsections (3) to (5) above.

(8) In this section the appropriate authority means—

(a) in relation to an order under subsection (1) above, the Secretary of State;

(b) in relation to an order made by the Greater London Authority under section 14B of the M275 Highways Act 1980, as applied under subsection (6) above, the Mayor of London; and

(c) in relation to confirmation of such an order by the Secretary of State under that section as so applied, the Secretary of State.

(9) Any reference in any provision of this Act or any other enactment to a GLA side road shall be construed as a reference to a road in Greater London which is for the time being a GLA side road by virtue of—

(a) an order made by the Secretary of State under subsection (1) above; or

(b) an order made by the Greater London Authority under section 14B of the M276 Highways Act 1980, as applied by an order under subsection (6) above.

(10) Any functions conferred or imposed on the Greater London Authority in relation to GLA side roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

(11) Subsection (10) above does not apply in relation to any functions expressly conferred on the London Assembly.

(12) Any power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I57 S. 272 wholly in force at 12.1.2001; by virtue of s. 425(2) it is provided that the Act is in force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 272 in force at 12.1.2000 by S.I. 1999/3434, art. 2

Marginal Citations

M273 1984 c. 27.

M274 1980 c. 66.

M275 1980 c. 66.

M276 1980 c. 66.

273 Power to place traffic signs in connection with GLA roads etc. E+W+S

(1) Section 73 of the M277 Road Traffic Regulation Act 1984 (powers and duties of local traffic authorities in Greater London in respect of traffic signs) shall be amended as follows.

(2) In subsection (1) (power to fix traffic signs to lamp-posts etc in connection with orders under section 6 or 9)—

(a) after proposed by them, there shall be inserted “ Transport for London, ”;

(b) the words in their area shall be omitted; and

(c) after whether or not belonging to there shall be inserted “ Transport for London or ”.

(3) After subsection (1) there shall be inserted—

“(1A) In connection with any GLA road, Transport for London may—

(a) exercise, as respects any road in Greater London which is neither a trunk road nor a GLA road, any powers exercisable by the traffic authority for that road in connection with the placing of traffic signs on or near that road in pursuance of section 65 of this Act; and

(b) affix any such sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London.

(1B) The power conferred by subsection (1A) above shall be exercisable—

(a) in connection with any order under section 6 or 9 of this Act made or proposed to be made by Transport for London; or

(b) in any other circumstances.

(1C) Before exercising the power conferred by subsection (1A) above, Transport for London shall consult the traffic authority for the road on or near which Transport for London proposes to place the traffic sign.”

(4) In subsection (2) (duty of London borough council and Common Council as to maintenance, alteration and removal of traffic signs in their area)—

(a) for their area there shall be substituted “ Greater London ”; and

(b) for the council of a London borough and of the Common Council of the City of London there shall be substituted “ the appropriate traffic authority ”.

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

“(2A) For the purposes of subsection (2) above, the appropriate traffic authority, in the case of any traffic sign, is the authority which is the traffic authority for the road as respects which the order under section 6 or 9 of this Act is made in connection with which the traffic sign is required.”

(6) At the end of the section there shall be inserted—

“(6) The powers of Transport for London exercisable under subsection (1A) above by virtue of subsection (1B)(b) above shall extend to the removal or repositioning of any traffic sign on or near the road in question, whether placed by Transport for London or not.

(7) On the removal or repositioning by Transport for London of any such traffic sign placed by another authority, the traffic sign shall vest in Transport for London.

(8) Except—

(a) with the consent of Transport for London, or

(b) in pursuance of a direction under section 65(2) of this Act,

the traffic authority for a road shall not remove, alter or in any way interfere with any traffic sign placed or repositioned on or near the road by Transport for London by virtue of subsection (1B)(b) above.”

(7) In consequence of the provisions of this section, the sidenote to the section becomes Powers and duties of local traffic authorities in Greater London in respect of traffic signs.

Marginal Citations

M277 1984 c. 27.

274 Power to affix traffic signs to walls. E+W+S

(1) Section 74 of the M278 Road Traffic Regulation Act 1984 (affixing of signs to walls) shall be amended as follows.

(2) In subsection (1) (which confers the power)—

(a) before the council of a London borough there shall be inserted “ Transport for London and ”; and

(b) after shall there shall be inserted “ each ”.

(3) After subsection (1) there shall be inserted—

“(1A) Subsections (2) to (7) below shall apply in relation to Transport for London as they apply in relation to a London borough council.”

(4) In subsection (8) (no derogation from certain other powers) after the powers of there shall be inserted “ Transport for London or ”.

Marginal Citations

M278 1984 c. 27.

Traffic control systems E+W+S

275 Transfer of London Traffic Control System to Transport for London. E+W+S

(1) So far as relating to—

(a) GLA roads, and

(b) roads in Greater London which are neither GLA roads nor trunk roads,

the functions transferred to the Secretary of State by orders under paragraph 10 of Schedule 5 to the M279 Local Government Act 1985 are transferred to Transport for London by this subsection.

(2) The functions referred to in subsection (1) above are the functions conferred by sections 65, 73, 74 and 75 of the M280 Road Traffic Regulation Act 1984 in respect of traffic signs which are traffic light signals controlling the movement of any class of road traffic (including pedestrians).

(3) Any expenses reasonably incurred by or on behalf of Transport for London in the exercise, in relation to roads which are not GLA roads, of the functions transferred by this section may be recovered by Transport for London from the London borough councils and the Common Council in such proportions as may be agreed between Transport for London and those authorities or, in default of agreement, as may be determined by Transport for London.

(4) Any reference in this section to a GLA road includes a reference to a GLA side road.

Marginal Citations

M279 1985 c. 51.

M280 1984 c. 27.

276 London borough councils and the London traffic control system. E+W+S

After section 74 of the M281 Road Traffic Regulation Act 1984 there shall be inserted—

“74A London borough councils and the London traffic control system.

(1) If a London borough council requests Transport for London to provide any new traffic light installations for a road in Greater London which is neither a GLA road nor a trunk road, Transport for London shall approve and carry out the work unless it considers that there are reasonable grounds for refusing to do so.

(2) If Transport for London and a London borough council so agree, Transport for London may make a scheme transferring to the council—

(a) any part of the London traffic control system, and

(b) the power to maintain and operate that part of the system.

(3) The council for a London borough may, with the approval of Transport for London, buy, own, maintain and operate new traffic light installations for any road in the borough other than a trunk road.

(4) Where the powers conferred by subsection (2) or (3) above are exercised, the London borough council concerned shall, as respects the traffic signs comprised in—

(a) the part of the London traffic control system transferred by the scheme under subsection (2) above, or

(b) the traffic light installations referred to in subsection (3) above,

be treated (to the exclusion of Transport for London) as the traffic authority for all roads in Greater London (other than trunk roads) on or near which those traffic signs are placed.

(5) Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between Transport for London and the council concerned.

(6) Before Transport for London—

(a) changes the operating cycle, or the timing of the operating cycle, of any traffic light installations provided on a road in Greater London which is neither a GLA road nor a trunk road, or

(b) provides new traffic light installations for such a road,

Transport for London shall consult the council of the London borough in which the installations are or are to be provided.

(7) In this section—

• the London traffic control system means the traffic control system which Transport for London has power to operate by virtue of the functions transferred to it—

  (a)

  by section 275 of the Greater London Authority Act 1999; or

  (b)

  by a scheme under subsection (1) or (3) of section 74B of this Act transferring functions of the Secretary of State to Transport for London;

• traffic control system means a system for controlling the movement of vehicular traffic or of pedestrians by means of traffic light installations;

• traffic light installations means—

  (a)

  traffic signs which are light signals for controlling the movement of vehicular traffic or of pedestrians; or

  (b)

  any installations or apparatus used in connection with the operation of any such traffic signs.

(8) For the purposes of this section—

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough; and

(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.”

Marginal Citations

M281 1984 c. 27.

277 Transfer of traffic control systems between Secretary of State and Transport for London. E+W+S

After section 74A of the M282 Road Traffic Regulation Act 1984 there shall be inserted—

“74B Transfer of traffic control systems between Secretary of State and Transport for London.

(1) If the Secretary of State and Transport for London so agree, the Secretary of State may make a scheme transferring to Transport for London—

(a) the traffic control system for a trunk road in Greater London; and

(b) the power to maintain and operate that system.

(2) If Transport for London and the Secretary of State so agree, Transport for London may make a scheme transferring to the Secretary of State—

(a) the London traffic control system; and

(b) the power to maintain and operate that system.

(3) If, in a case where a traffic control system has been transferred under this section, the transferee and the transferor so agree, the transferee may make a scheme transferring back to the transferor the system and the power to maintain and operate it.

(4) A scheme under subsection (1), (2) or (3) above may make provision for the transferee to be treated (to the exclusion of the transferor), as respects the traffic signs comprised in the traffic control system transferred, as the traffic authority for specified roads in Greater London on or near which those traffic signs are placed.

(5) Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between the Secretary of State and Transport for London.

(6) Any reference in this section to a traffic control system includes a reference to part of a traffic control system.

(7) Expressions used in this section and in section 74A above have the same meaning in this section as they have in that section.”

Marginal Citations

M282 1984 c. 27.

278 Traffic authority for certain traffic signs in Greater London. E+W+S

After section 74B of the M283 Road Traffic Regulation Act 1984 there shall be inserted—

“74C The traffic authority for traffic signs.

(1) This section has effect for the purposes of sections 65, 73, 74, 74A, 74B and 75 of this Act.

(2) In the application of those provisions to traffic signs in Greater London which are light signals for controlling the movement of vehicular traffic or of pedestrians, Transport for London shall at all times be deemed to be the traffic authority for all roads in Greater London other than trunk roads.

(3) Without prejudice to the powers of the traffic authority for the road in question, Transport for London shall also be deemed to be the traffic authority for any road in Greater London for which they are not in fact the traffic authority for the purposes of the exercise by them as respects that road under section 73(1A) above of any powers exercisable by the traffic authority for that road.

(4) Subsections (2) and (3) above are subject to any provision to the contrary made by or under section 74A or 74B of this Act.”

Marginal Citations

M283 1984 c. 27.

Road safety and traffic reduction E+W+S

279 Road safety information and training. E+W+S

(1) Section 39 of the M284 Road Traffic Act 1988 (powers of Secretary of State and local authorities as to giving road safety information and training) shall be amended as follows.

(2) For subsection (2) (duty of local authority to prepare and carry out measures to promote road safety etc) there shall be substituted—

“(2) Each relevant authority—

(a) if it is a local authority, must prepare and carry out a programme of measures designed to promote road safety, or

(b) if it is Transport for London, may prepare and carry out such a programme,

and may contribute towards the cost of measures for promoting road safety taken by other authorities or bodies.”

(3) In subsection (3) (duty of local authority to carry out and act upon studies into accidents arising out of the use of vehicles on roads in their area, other than trunk roads) for the words preceding paragraph (a) there shall be substituted “ Each relevant authority— ”.

(4) In paragraph (a) of that subsection (the duty to carry out the studies)—

(a) after use of vehicles there shall be inserted—

“(i) if it is a local authority,”;

(b) after other than there shall be inserted “ GLA roads or ”; and

(c) at the end there shall be added “or

(ii) if it is Transport for London, on GLA roads or parts of GLA roads,”.

(5) After subsection (3) there shall be inserted—

“(3A) The duties imposed by subsection (3) above are without prejudice to the generality of subsection (2) above and—

(a) in the case of a local authority, are to be discharged in pursuance of their duty under subsection (2)(a) above; and

(b) in the case of Transport for London, are to be discharged by exercising their powers under subsection (2)(b) above.”

(6) In subsection (4) (definitions) the following definitions shall be inserted at the appropriate places—

• “GLA road has the same meaning as in the M285 Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);”;

relevant authority means a local authority or Transport for London;.

Marginal Citations

M284 1988 c. 52.

M285 1980 c. 66.

280 The Road Traffic Reduction Act 1997. E+W+S

(1) In section 1 of the M286 Road Traffic Reduction Act 1997 (interpretation) the following definitions shall be inserted at the appropriate places—

• “ local implementation plan, in relation to a London council, means the plan prepared by the council under section 145 of the Greater London Authority Act 1999;;”

“ London council means a London borough council or the Common Council of the City of London;;”

“ the Mayor of London’s transport strategy means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999;.”

(2) Section 2 of that Act (duty of principal councils to make reports) shall be amended as follows.

(3) In subsection (3) (information or proposals which relate to levels of local road traffic and are required by guidance under subsection (6)) in paragraph (b), after guidance under subsection (6) there shall be inserted “ or (in the case of a report prepared by a London council) directions under subsection (6A) ”.

(4) After subsection (4), there shall be inserted—

“(4A) A report under this section prepared by a London council must take account of the Mayor of London’s transport strategy and the council’s local implementation plan; and—

(a) any targets specified in such a report pursuant to subsection (2), and

(b) any proposals contained in such a report pursuant to subsection (3),

must be in conformity with that strategy and that plan.”

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

“(6A) The Mayor of London may give directions or issue guidance to London councils in relation to any matter in relation to which the Secretary of State may issue guidance under subsection (6).

(6B) The Mayor of London must not give any direction or issue any guidance under subsection (6A) which conflicts with guidance under subsection (6).

(6C) A London council preparing a report under this section—

(a) shall comply with any directions given under subsection (6A), and

(b) shall have regard to any guidance issued under that subsection.”

(6) In subsection (7)(a) (report to be sent to the Secretary of State) after Secretary of State there shall be inserted “ and, if the council is a London council, send a copy of the report to the Mayor of London ”.

Marginal Citations

M286 1997 c. 54.

Parking E+W+S

281 Designation of paying parking places on highways. E+W+S

(1) Section 45 of the M287 Road Traffic Regulation Act 1984 (designation of paying parking places on highways) shall be amended as follows.

(2) In subsection (1), in the second paragraph (which requires a local authority outside Greater London which is not the traffic authority to obtain the consent of the traffic authority to any designation) the words outside Greater London shall cease to have effect.

(3) After subsection (1) there shall be inserted—

“(1A) Transport for London may not by virtue of subsection (1) above designate parking places on any highway which is not a GLA road.”

(4) In subsection (7), in the definition of local authority, at the end of paragraph (a) there shall be added “ or Transport for London ”.

(5) In subsection (7), in the definition of the local authority, after the words in whose area the site is there shall be added “unless the site is in Greater London, in which case—

(i) if the site is on a GLA road and the parking place is, or is proposed to be, designated by Transport for London, the local authority means Transport for London;

(ii) if the site is on a GLA road and the parking place is, or is proposed to be, designated by the London local authority in whose area the site is, the local authority means that London local authority; and

(iii) if the site is on a highway which is not a GLA road, the local authority means the London local authority in whose area the site is.”

(6) After subsection (7) there shall be added—

“(8) In this section London local authority means the council of a London borough or the Common Council of the City of London.

(9) For the purposes of this section and sections 46 to 55 of this Act, Transport for London’s area shall be taken to be Greater London.”

Marginal Citations

M287 1984 c. 27.

282 Financial provisions relating to parking places on the highway. E+W+S

(1) Section 55 of the M288 Road Traffic Regulation Act 1984 (financial provisions relating to designation orders) shall be amended as follows.

(2) In subsection (1)(a) (accounts in respect of parking places on the highway in the case of London borough councils and the Common Council) after in the case of there shall be inserted “ Transport for London, ”.

(3) In subsection (3A) (London borough councils and Common Council to report to Secretary of State on action taken with respect to deficit or surplus on their parking account)—

(a) at the beginning there shall be inserted “ Transport for London, ”; and

(b) for Secretary of State there shall be substituted “ Mayor of London ”.

(4) In subsection (4) (purposes for which a surplus on a local authority’s parking account may be applied) the word and immediately preceding paragraph (d) shall be omitted and after that paragraph there shall be added—

“(e) in the case of a London authority, meeting all or any part of the cost of the doing by the authority in their area of anything—

(i) which facilitates the implementation of the London transport strategy, and

(ii) which is for the time being specified in that strategy as a purpose for which a surplus may be applied by virtue of this paragraph;

(f) in the case of a London authority, the making to any other London authority of contributions towards the cost of the doing by that other authority of anything towards the doing of which in its own area the authority making the contribution has power—

(i) to apply any surplus on the account required to be kept under subsection (1) above; or

(ii) to incur expenditure required to be brought into that account.”

(5) At the end of the section there shall be added—

“(8) For the purpose of enabling Transport for London and any other London authorities to discharge jointly any functions conferred by virtue of subsection (4)(f) above by a joint committee established under section 101(5) of the M289 Local Government Act 1972, sections 101(5) and 102 of that Act shall have effect as if Transport for London were a local authority.

(9) In the application of this section in relation to Transport for London, any reference to its general fund shall be taken as a reference to the financial reserves for which provision is made under section 85(4)(c) of the Greater London Authority Act 1999 in calculating Transport for London’s component budget for the financial year in question.

(10) In this section—

• London authority means Transport for London, a London borough council or the Common Council of the City of London;

• the London transport strategy means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999.”

Marginal Citations

M288 1984 c. 27.

M289 1972 c. 70.

283 Appointment of parking adjudicators by joint committee. E+W+S

(1) Section 73 of the M290 Road Traffic Act 1991 (appointment of parking adjudicators by joint committee of London authorities) shall be amended as follows.

(2) For subsection (1) (London authorities to establish a joint committee within two months of issue of first guidance under section 63 of that Act) there shall be substituted—

“(1) The London local authorities and Transport for London (in this section referred to as the appointing authorities) shall establish a single joint committee under section 101(5) of the M291 Local Government Act 1972 (the Joint Committee) before 4th September 2000 or such later date as the Secretary of State may by order specify.

(1A) For the purposes of subsection (1) above, sections 101(5) and 102 of the M292 Local Government Act 1972 shall have effect as if Transport for London were a local authority.”

(3) In subsection (2) (functions of London authorities under sections 73 and 74 to be exercised by the Joint Committee) the words and section 74 of this Act shall cease to have effect.

(4) For the words London authorities, wherever occurring, there shall be substituted “ appointing authorities ”.

Marginal Citations

M290 1991 c. 40.

M291 1972 c. 70.

M292 1972 c. 70.

284 Fixing of certain parking and other charges. E+W+S

For section 74 of the M293 Road Traffic Act 1991 (fixing of certain parking and other charges for London) there shall be substituted—

“74 Fixing of certain parking and other charges for London.

(1) It shall be the duty—

(a) of Transport for London, so far as relating to trunk roads or GLA roads, and

(b) of the London local authorities, so far as relating to other roads,

to set the levels of additional parking charges to apply in London.

(2) Before setting the level of any charges under subsection (1) above, Transport for London must consult the London local authorities.

(3) Different levels may be set for different areas in London and for different cases or classes of case.

(4) Transport for London and the London local authorities shall submit to the Mayor of London, for his approval, the levels of additional parking charges which they propose to set under subsection (1) above.

(5) If—

(a) Transport for London or, as the case may be, the London local authorities fail to discharge their duty under subsection (1) above; or

(b) the Mayor of London does not approve the levels of additional parking charges proposed by the London local authorities,

the levels of additional parking charges for the roads referred to in paragraph (a) or (as the case may be) paragraph (b) of subsection (1) above shall be set by order made by the Mayor of London.

(6) Levels of additional parking charges set in accordance with this section may only come into force in accordance with section 74A below.

(7) It shall be the duty of Transport for London and the London local authorities to impose additional parking charges at the levels set in accordance with the provisions of this section.

(8) Transport for London and the London local authorities shall publish, in such manner as the Mayor of London may determine, the levels of additional parking charges which have been set in accordance with the provisions of this section.

(9) The functions conferred on London local authorities by this section or section 74A below shall be discharged by the Joint Committee.

(10) No person who represents Transport for London on the Joint Committee shall take any part in any proceedings of the Joint Committee so far as relating to the discharge by the Joint Committee of any functions under this section or section 74A below.

(11) Section 122 of the M294 Road Traffic Regulation Act 1984 (exercise of functions by local authorities) shall apply in relation to—

(a) Transport for London,

(b) the London local authorities, and

(c) the Mayor of London,

and functions conferred on them by or under this section as it applies to local authorities and functions conferred on them by or under that Act.

(12) In this section additional parking charges means—

(a) penalty charges;

(b) charges made by London authorities for the removal, storage and disposal of vehicles; and

(c) charges in respect of the release of vehicles from immobilisation devices fixed under section 69 above.

74A Additional parking charges: reserve powers of Secretary of State.

(1) Where the Mayor of London—

(a) on a submission under subsection (4) of section 74 above, approves any levels of additional parking charges, or

(b) sets any such levels under subsection (5) of that section,

he shall notify the Secretary of State of the levels of charges so approved or set.

(2) Where notification of any levels of charges is required to be given under subsection (1) above, the levels of charges shall not come into force until after the expiration of—

(a) the period of one month beginning with the day on which the notification is given, or

(b) such shorter period as the Secretary of State may allow.

(3) If, before the expiration of that period, the Secretary of State gives notice to the Mayor of London that he objects to the levels of charges on the grounds that some or all of them are or may be excessive, those levels of charges shall not come into force unless and until the objection has been withdrawn.

(4) If, at any time before the levels of charges required to be notified under subsection (1) above to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of charges.

(5) Levels of charges set under subsection (4) above must be no higher than those notified under subsection (1) above.

(6) Subsections (7) and (8) of section 74 above shall apply in relation to levels of charges set under subsection (4) above as if those levels of charges had been set in accordance with the provisions of that section—

(a) by Transport for London, so far as relating to GLA roads or trunk roads, or

(b) by the London local authorities, so far as relating to other roads.

(7) Regulations under subsection (4) above are without prejudice to the duties imposed on Transport for London and the London local authorities by section 74(1) above; but where the Secretary of State makes any such regulations—

(a) Transport for London, if the regulations relate to GLA roads or trunk roads, or

(b) the London local authorities, if the regulations relate to other roads,

must not make any further submission to the Mayor of London under section 74(4) above until after the expiration of the period of twelve months beginning with the day on which the regulations are made.”

Marginal Citations

M293 1991 c. 40.

M294 1984 c. 27.

285 Special parking areas. E+W+S

(1) Section 76 of the M295 Road Traffic Act 1991 (special parking areas) shall be amended as follows.

(2) After subsection (1) (applications by London authorities for orders designating special parking areas) there shall be inserted—

“(1A) An application for an order under subsection (1) above may only be made—

(a) by Transport for London, to the extent that the special parking area is to consist of GLA roads or trunk roads; or

(b) by a London local authority, to the extent that the special parking area is to consist of roads other than GLA roads and trunk roads.”

(3) The amendment made by this section does not affect the continuing validity of any order, or any application for an order, made before the coming into force of this section.

Marginal Citations

M295 1991 c. 40.

286 Variation of special parking areas by the Mayor. E+W+S

After section 76 of the M296 Road Traffic Act 1991 (special parking areas) there shall be inserted—

“76A Variation of special parking areas by Mayor of London.

(1) At any time when an order under section 76 above designating the whole or any part of a London authority’s area as a special parking area is in force, the Mayor of London may by order under this subsection amend the order so as to vary the area which for the time being constitutes the special parking area.

(2) No order may be made under subsection (1) above without the consent of every London local authority which is the traffic authority for a road which the order has the effect of bringing within, or removing from, the special parking area concerned.

(3) An order under subsection (1) above must not be such as to bring within a special parking area—

(a) any area specified in an order under this paragraph made by the Secretary of State; or

(b) the whole or any part of a Royal Park, except with the consent of the Secretary of State.

(4) No area may be specified in an order under subsection (3)(a) above unless the Secretary of State is satisfied that it is expedient, on grounds of national security, that no part of that area should be included in a special parking area.

(5) In this section Royal Park means any park to which the M297 Parks Regulation Act 1872 applies (see sections 1 and 3 of the M298 Parks Regulation (Amendment) Act 1926).”

Marginal Citations

M296 1991 c. 40.

M297 1872 c. 15.

M298 1926 c. 36.

287 Interpretation of parking provisions. E+W+S

(1) Section 82 of the M299 Road Traffic Act 1991 (interpretation of Part II) shall be amended as follows.

(2) In subsection (1), for the definition of London authority there shall be substituted—

“London authority means—

(a) as respects parking, or any matter connected with or relating to parking, on a GLA road, Transport for London;

(b) as respects parking, or any matter connected with or relating to parking, on any road other than a GLA road or a trunk road, any council of a London borough or the Common Council of the City of London;”.

(3) In subsection (1), the following definitions shall be inserted at the appropriate places—

• “GLA road (subject to subsection (1C) below) has the same meaning as in the M300 Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);”;

“GLA side road has the same meaning as in the M301 Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act;”;

“London local authority means any council of a London borough or the Common Council of the City of London;”;

“the Mayor’s transport strategy means the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999;”;

“Minister of the Crown has the same meaning as in the Ministers of the M302 Crown Act 1975;”.

(4) After subsection (1) there shall be inserted—

“(1A) Any functions conferred or imposed on the Greater London Authority by or under this Part of this Act shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(1B) Subsection (1A) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.

(1C) In this Part of this Act, any reference to a GLA road includes a reference to a GLA side road.”

(5) In subsection (6) (power to make orders or regulations to be exercisable by statutory instrument) after conferred by this Part there shall be inserted “ on a Minister of the Crown ”.

Commencement Information

I58 S. 287 partly in force; s. 287 not in force at Royal Assent see s. 425(2); s. 287(1)(3)-(5) in force at 3.7.2000 by S.I. 2000/801, art. 2(2)(c) (as amended by S.I. 2000/1648, art. 3(2))

Marginal Citations

M299 1991 c. 40.

M300 1980 c. 66.

M301 1984 c. 27.

M302 1975 c. 26.

School crossing patrols, parking attendants and traffic wardens E+W+S

288 School crossing patrols. E+W+S

(1) Section 26 of the M303 Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings) shall be amended as follows.

(2) In subsection (2) (definition of the appropriate authority)—

(a) in paragraph (a) (places not in the metropolitan police district or the City) for not in the metropolitan police district and not in the City of London there shall be substituted “ outside Greater London ”; and

(b) for paragraph (c) (places in the metropolitan police district) there shall be substituted—

“(c) as respects places in a London borough, shall be the council for the borough,”.

(3) In subsection (4) (duty of certain authorities to have regard to representations made by other local authorities in their area) in paragraph (a)—

(a) the words and the commissioner of police of the metropolis, or him and or metropolitan police district shall cease to have effect; and

(b) after in the county there shall be inserted “ or ”.

(4) After subsection (4) there shall be inserted—

“(4A) Before making arrangements under subsection (1) above for the patrolling of places where children cross GLA roads, a London borough council or the Common Council of the City of London must consult Transport for London and take account of any representations made by Transport for London.”

(5) In subsection (5) (agreements between council of a county etc and the police authority)—

(a) after council of the county there shall be inserted “ , London borough ”; and

(b) after in the county there shall be inserted “ , London borough ”.

(6) In consequence of the preceding provisions of this section, section 27 of the M304 Road Traffic Regulation Act 1984 (expenses under section 26 in metropolitan police district) shall cease to have effect.

Marginal Citations

M303 1984 c. 27.

M304 1984 c. 27.

289 Parking attendants. E+W+S

(1) Section 63A of the M305 Road Traffic Regulation Act 1984 (parking attendants) shall be amended as follows.

(2) In subsection (4) (parking attendants in Greater London to wear uniform prescribed by Secretary of State when exercising prescribed functions) for Secretary of State there shall be substituted “ Greater London Authority ”.

(3) In subsection (5) (definition of local authority etc) at the end there shall be added “ except that Transport for London shall also be a local authority ”.

(4) After subsection (5), there shall be inserted—

“(6) For the purposes of this section, the area of Transport for London is Greater London.”

Marginal Citations

M305 1984 c. 27.

290 Exercise by traffic wardens of functions of parking attendants. E+W+S

(1) Section 95 of the M306 Road Traffic Regulation Act 1984 (appointment of traffic wardens) shall be amended as follows.

(2) After subsection (4) (which confers power to employ traffic wardens to act as parking attendants at certain street parking places) there shall be inserted—

“(4A) For the purposes of subsection (4) above, Transport for London is a local authority.”

Marginal Citations

M306 1984 c. 27.

Miscellaneous and supplementary provisions E+W+S

291 London borough council affecting another authority’s roads. E+W+S

After section 121A of the M307 Road Traffic Regulation Act 1984 there shall be inserted—

“121B London borough council exercising powers so as to affect another traffic authority’s roads.

(1) No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,—

(a) a GLA road, or

(b) a road in another London borough,

unless the requirements of subsections (2) and (3) below have been satisfied.

(2) The first requirement is that the council has given notice of the proposal to exercise the power in the way in question—

(a) to Transport for London; and

(b) in a case where the road concerned is in another London borough, to the council for that borough.

(3) The second requirement is that—

(a) the proposal has been approved by Transport for London, in the case of a GLA road, or by the London borough council concerned, in the case of any other road; or

(b) the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or

(c) any objection made by Transport for London or the council has been withdrawn; or

(d) where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection.

(4) Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.

(5) If Transport for London has reason to believe—

(a) that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect, a GLA road or a road in another London borough, and

(b) that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above,

Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied.

(6) If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.

(7) For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.

(8) Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.

(9) The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.

(10) A direction under subsection (9) above may, in particular, dispense with those requirements as respects—

(a) all or any of the London borough councils;

(b) all or any of the GLA roads;

(c) all or any of the roads which are neither GLA roads nor trunk roads;

(d) the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified.

(11) Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.

(12) For the purposes of this section—

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough; and

(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.”

Commencement Information

I59 S. 291 wholly in force at 3.7.2000; s. 291 not in force at Royal Assent see s. 425(2); s. 291 in force for specified purposes (8.5.2000) by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 291 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M307 1984 c. 27.

292 Interpretation of the Road Traffic Regulation Act 1984. E+W+S

(1) The M308 Road Traffic Regulation Act 1984 shall be amended as follows.

(2) After section 121B there shall be inserted—

“121C Functions of GLA under this Act to be exercisable by the Mayor.

(1) The functions of the Greater London Authority under this Act shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

(2) Subsection (1) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.”

(3) In section 142 (general interpretation) the following definitions shall be inserted at the appropriate places in subsection (1)—

• “GLA road (subject to subsection (4) below) has the same meaning as in the M309 Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);”;

“GLA side road shall be construed in accordance with section 124A(9) of this Act;”;

“trunk road has the same meaning as in the M310 Highways Act 1980 (see section 329(1) of that Act)”.

(4) At the end of section 142 there shall be added—

“(4) Any reference in this Act to a GLA road includes a reference to a GLA side road.”

Marginal Citations

M308 1984 c. 27.

M309 1980 c. 66.

M310 1980 c. 66.

293 Proposals for Royal Parks and highways: consultation. E+W+S

After section 132 of the M311 Road Traffic Regulation Act 1984 there shall be inserted—

“132AA Royal Parks or highways in London affected by proposals relating to the other.

(1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted—

(a) the traffic authority for the highway, and

(b) Transport for London,

about the exercise of those functions in that way.

(2) The duty imposed by subsection (1) above shall not apply if it would not be reasonably practicable for the Secretary of State to consult the traffic authority or Transport for London before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State shall inform the traffic authority and Transport for London that those functions have been so exercised.

(3) A traffic authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.

(4) The duty imposed by subsection (3) above shall not apply if it would not be reasonably practicable for the traffic authority to consult the Secretary of State before exercising functions; but, in such a case, as soon as practicable after so exercising functions the highway authority shall inform the Secretary of State that those functions have been so exercised.

(5) In this section Royal Park means any park to which the M312 Parks Regulation Act 1872 applies (see sections 1 and 3 of the M313 Parks Regulation (Amendment) Act 1926).”

Marginal Citations

M311 1984 c. 27.

M312 1872 c. 15.

M313 1926 c. 36.

294 Repeal of certain enactments. E+W+S

(1) The following enactments shall cease to have effect—

(a) sections 12, 13 and 76 of the M314 Road Traffic Regulation Act 1984 (experimental traffic schemes carried out in Greater London by the police);

(b) paragraph 53 of Schedule 4 to the M315 Local Government Act 1985 (which relates to the abolition of metropolitan roads and is spent);

(c) Part II of Schedule 5 to the M316 Local Government Act 1985 (supplementary provisions relating to road traffic) so far as relating to Greater London;

(d) sections 50 to 63 and 80 of, and Schedule 5 to, the M317 Road Traffic Act 1991 (priority routes, local plans, trunk road plans and the Traffic Director for London).

(2) Any guidance given by the Secretary of State under any of the provisions of the M318 Local Government Act 1985 or the M319 Road Traffic Act 1991 mentioned in subsection (1) above shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy (and shall accordingly be subject to revocation or variation by the Mayor).

(3) So far as relating to roads which are or become GLA roads, the Traffic Director for London’s network plan under section 52 of the M320 Road Traffic Act 1991 shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy.

(4) Any trunk road local plans prepared or in the course of preparation under section 56 of the M321 Road Traffic Act 1991 by the Traffic Director for London shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.

(5) In subsections (6) and (7) below relevant local plans means any local plans prepared or in the course of preparation by a London borough council or the Common Council under section 54 of the M322 Road Traffic Act 1991.

(6) To the extent that they relate to roads which are or become GLA roads, within the meaning of the M323 Highways Act 1980, any relevant local plans shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.

(7) To the extent that they relate to roads other than those mentioned in subsection (6) above, any relevant local plans shall, until such time as they are superseded by local implementation plans under section 145 above, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as local implementation plans under that section.

(8) Any reference in this section to a GLA road includes a reference to a GLA side road.

Marginal Citations

M314 1984 c. 27.

M315 1985 c. 51.

M316 1985 c. 51.

M317 1991 c. 40.

M318 1985 c. 51.

M319 1991 c. 40.

M320 1991 c. 40.

M321 1991 c. 40.

M322 1991 c. 40.

M323 1980 c. 66.

Chapter XV E+W+S New Charges and Levies

295 Road user charging. E+W+S

(1) Each of the following bodies, namely—

(a) Transport for London,

(b) any London borough council, or

(c) the Common Council,

may establish and operate schemes for imposing charges in respect of the keeping or use of motor vehicles on roads in its area.

(2) Schedule 23 to this Act (which makes provision supplementing this section) shall have effect.

(3) For the purposes of this section and that Schedule motor vehicle has the meaning given in section 185(1) of the M324 Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply for those purposes as it applies for the purposes of the Road Traffic Acts.

Commencement Information

I60 S. 295 wholly in force at 3.7.2000; s. 295 not in force at Royal Assent see s. 425(2); S. 295 in force (8.5.2000) for specified purposes by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 295 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M324 1988 c. 52.

296 Workplace parking levy. E+W+S

(1) Each of the following bodies, namely—

(a) Transport for London,

(b) any London borough council, or

(c) the Common Council,

may establish and operate schemes for the licensing of persons providing workplace parking places in Greater London.

(2) Schedule 24 to this Act (which makes provision supplementing this section) shall have effect.

Commencement Information

I61 S. 296 wholly in force at 3.7.2000; s. 296 not in force at Royal Assent, see s. 425(2); s. 296 in force (8.5.2000) for specified purposes by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 296 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Chapter XVI E+W+S Transition from London Regional Transport to Transport for London

297 Transfers of property, rights and liabilities. E+W+S

(1) The Secretary of State shall from time to time prepare programmes for the transfer to Transport for London of property, rights and liabilities of London Regional Transport—

(a) for the purpose of enabling Transport for London to perform its functions as they become exercisable; or

(b) in preparation for the dissolution of London Regional Transport;

and in this Chapter transfer programme means a programme under this subsection.

(2) Any powers conferred by Part XII below are exercisable for the purpose of implementing any transfer programme.

(3) A transfer programme may include plans relating to—

(a) the transfer of rights and liabilities under contracts of employment;

(b) the provision of pensions, within the meaning of section 411 below;

(c) the apportionment of any property, rights or liabilities;

(d) the creation of rights or liabilities;

(e) the transfer of statutory functions;

(f) the exercise of any other powers under Part XII below.

(4) A transfer programme may provide for different property, rights or liabilities to be transferred on different days.

(5) To the extent that a transfer programme has not been implemented, it may be varied or replaced by another such programme.

298 Functions during the transitional period. E+W+S

(1) In this section transitional purpose means the purpose of—

(a) facilitating the securing and carrying into effect of PPP agreements under Chapter VII above;

(b) facilitating the transfer of property, rights or liabilities of London Regional Transport to Transport for London;

(c) facilitating the transfer of functions, property, rights or liabilities to Transport for London from any other body or person from whom they are or may be so transferred under or by virtue of this Act;

(d) facilitating the exercise by Transport for London of any functions so transferred; or

(e) securing that public passenger transport services continue to be provided without disruption.

(2) London Regional Transport shall be under a duty, and shall be taken at any time before the coming into force of this section to have had power, to do all such things as it considers appropriate for any transitional purpose.

(3) In discharging their functions during the transitional period it shall be the duty of—

(a) the Mayor,

(b) London Regional Transport, and

(c) Transport for London,

to consult and co-operate with each other for any transitional purpose.

(4) The following provisions of this section have effect for the purpose of facilitating the discharge of the duty of co-operation imposed on London Regional Transport and Transport for London by subsection (3) above.

(5) London Regional Transport and Transport for London shall each provide to the other such information as may reasonably be required by that other for the purpose of discharging any of its functions during the transitional period.

(6) London Regional Transport and Transport for London shall each have power to enter into arrangements with the other—

(a) for the provision by the one for the other of administrative, technical or professional services or of passenger transport services;

(b) for the one to make available for use by the other, or for shared use by each of them, any land, equipment or other property;

(c) for the one to place any of its officers or other members of staff at the disposal of the other, for the purposes of its functions;

(d) for the discharge by the one of any functions of the other on its behalf.

(7) Arrangements entered into under subsection (6) above may be on such terms as may be agreed between London Regional Transport and Transport for London.

(8) Arrangements by virtue of paragraph (c) of subsection (6) above may only be entered into after consultation with the officers or members of staff concerned.

(9) In this Chapter the transitional period means the period which—

(a) begins with the coming into force of this section; and

(b) ends on the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.

Commencement Information

I62 S. 298 wholly in force at 3.7.2000; s. 298 not in force at Royal Assent see s. 425(2); s. 298(1)(2) in force at 12.1.2000 by S.I. 1999/3434, art. 2; s. 298 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

299 Fares etc during the transitional period. E+W+S

(1) If provision is made under or by virtue of this Act which has the effect of applying to any extent in relation to London Regional Transport during the transitional period—

(a) the powers conferred on the Mayor by section 155 above, and

(b) the duty imposed on the Mayor by section 174 above,

then the Mayor, in discharging that duty as so applied in relation to London Regional Transport, shall act in a way which he considers will not prejudice the financial or other interests of London Regional Transport, having regard to the financial and other interests of Transport for London.

(2) If provision is made under or by virtue of this Act which has the effect of—

(a) applying to any extent in relation to London Regional Transport during the transitional period any of the provisions contained in sections 240 to 243 above or Schedule 16 to this Act, and

(b) authorising or requiring Transport for London during the transitional period to act on behalf of London Regional Transport for the purposes of any of those provisions as so applied,

then Transport for London, in acting on behalf of London Regional Transport for those purposes, shall do so in a way which (having regard to its own financial and other interests) it considers will not prejudice the financial or other interests of London Regional Transport.

300 Continuity: repealed or revoked functions. E+W+S

(1) In this section—

• abolished function means any function of London Regional Transport which was conferred or imposed by a statutory provision which is repealed or revoked by or under this Act;

• abolition, in relation to an abolished function, means the coming into force of the repeal or revocation of the provision conferring or imposing the function;

• statutory provision means an enactment contained in—

  (a)

  an Act passed before the date on which London Regional Transport is dissolved or in the Session in which that date falls; or

  (b)

  subordinate legislation made before that date or in that Session.

(2) There may be continued by or in relation to Transport for London anything (including legal proceedings) which relates to an abolished function and is in the process of being done by or in relation to London Regional Transport immediately before the abolition of the function.

(3) Anything which—

(a) was made or done by or in relation to London Regional Transport for the purposes of or in connection with an abolished function, and

(b) is in effect immediately before the abolition of the function,

shall have effect as if made or done by or in relation to Transport for London.

(4) Transport for London shall be substituted for London Regional Transport in any instruments, contracts or legal proceedings which relate to an abolished function and which were made or commenced before the abolition of the function.

(5) Subsections (2) to (4) above do not apply in relation to an abolished function to the extent that the repeal or revocation of the statutory provision by which the function was conferred or imposed comes into force on terms which provide otherwise.

(6) Any reference in this section to anything made or done by or in relation to London Regional Transport includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to London Regional Transport.

301 Transfer of former functions of LTE, records and relics. E+W+S

(1) Any functions of the London Transport Executive established under section 4 of the M325 Transport (London) Act 1969 which, by virtue of section 67(1) of the M326 London Regional Transport Act 1984 are exercisable by London Regional Transport, shall instead be exercisable by Transport for London.

(2) In section 144 of the M327 Transport Act 1968 (transfer and disposal of historical records and relics) for London Regional Transport in each place where it occurs there shall be substituted “ Transport for London ”.

Commencement Information

I63 S. 301 in force at 15.7.2003 by S.I. 2003/1920, art. 2(d)

Marginal Citations

M325 1969 c. 35.

M326 1984 c. 32.

M327 1968 c. 73.

302 Dissolution of London Regional Transport. E+W+S

When the Secretary of State is satisfied that provision has been made for the transfer of all property, rights and liabilities of London Regional Transport, he may by order provide for the dissolution of London Regional Transport.

Commencement Information

I64 S.302 in force at Royal Assent (11.11.1999) as regards any power of a Minister of the Crown to make regulations or an order, see s.425(2)

303 Interpretation of Chapter XVI. E+W+S

In this Chapter—

• transfer programme has the meaning given by section 297(1) above;

• the transitional period has the meaning given by section 298(9) above.

Commencement Information

I65 S. 303 partly in force; s. 303 not in force at Royal Assent see s. 425(2); s. 303 in force (1.4.2000) for specified purposes by S.I. 2000/801, art. 2(2)(a), Sch. Pt. 1

I66 S. 303 in force at 15.7.2003 in so far as not already in force by S.I. 2003/1920, art. 2(e)

Part V U.K. The London Development Agency

304 Appointment of members by the Mayor. U.K.

In section 2 of the M328 Regional Development Agencies Act 1998 (constitution of the regional development agencies) after subsection (5) there shall be inserted—

“(6) Subsection (3)(d) does not apply in relation to the London Development Agency.

(7) Subsections (1) to (4), apart from subsection (3)(d), have effect in relation to the London Development Agency—

(a) as if references to the Secretary of State were references to the Mayor of London, and

(b) subject to subsections (8) to (11).

(8) The Mayor of London must also consult the London Assembly before making an appointment under subsection (1).

(9) The Mayor of London may only make an appointment under subsection (1) if, after the appointment takes effect, there will be at least four members of the London Development Agency who are, or were at the time of their appointment, elected members of—

(a) the London Assembly,

(b) a London borough council, or

(c) the Common Council of the City of London.

(10) The Mayor of London may only make an appointment under subsection (1) if, after the appointment takes effect, at least half of the members of the London Development Agency will be persons who appear to the Mayor to be persons who have experience of running a business.

(11) The Mayor of London may only designate a person under subsection (4)(a) to be the chairman of the London Development Agency if that person appears to the Mayor to be a person who has experience of running a business.”

Commencement Information

I67 S. 304 wholly in force at 3.7.2000; s. 304 not in force at Royal Assent, see s. 425(2); s. 304 in force for specified purposes (8.5.2000) by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 304 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M328 1998 c. 45.

305 Delegation of functions by Ministers to the Mayor. U.K.

(1) In section 6 of the M329 Regional Development Agencies Act 1998 (delegation of functions by Ministers to regional development agencies) after subsection (6) there shall be inserted—

“(7) The power of a Minister of the Crown to delegate a function under this section to the London Development Agency has effect subject to section 6A.”

(2) After that section there shall be inserted—

“6A Delegation of functions to the Mayor of London and the London Development Agency.

(1) The power of a Minister of the Crown under section 6(1) to delegate a function—

(a) may be exercised to delegate the function to the Mayor of London instead of to the London Development Agency, and

(b) may only be exercised to delegate the function to the London Development Agency with the consent of the Mayor of London.

(2) Where a Minister of the Crown delegates a function to the Mayor of London under section 6(1) by virtue of subsection (1)(a)—

(a) section 6(3) and (4), and

(b) Schedule 3,

have effect in relation to the delegation as if the Mayor of London were for this purpose a regional development agency.

(3) In any case where—

(a) a function has been delegated to the Mayor of London under section 6(1) by virtue of subsection (1)(a), and

(b) the Mayor of London, by an authorisation given in accordance with section 38 of the Greater London Authority Act 1999, makes the function exercisable by the London Development Agency,

the authorisation must be made subject to such conditions as are necessary to ensure that any conditions subject to which the function is delegated to him are also imposed on the London Development Agency.”

Marginal Citations

M329 1998 c. 45.

306 The London Development Agency strategy. U.K.

(1) In section 7 of the M330 Regional Development Agencies Act 1998 (duty of regional development agencies to formulate a strategy) after subsection (3) there shall be inserted—

“(4) Subsections (1) and (2) do not apply in relation to the London Development Agency.”

(2) After that section there shall be inserted—

“7A The London Development Agency strategy.

(1) The London Development Agency shall formulate and submit to the Mayor of London (referred to in this section and section 7B as “the Mayor”) a draft strategy in relation to its purposes.

(2) As soon as reasonably practicable after the draft strategy has been submitted to the Mayor, the Mayor shall prepare and publish a document to be known as the “London Development Agency strategy”.

(3) The London Development Agency strategy published under subsection (2) shall be the draft strategy submitted to the Mayor under subsection (1), with such modifications (if any) as he considers appropriate.

(4) The London Development Agency shall keep the London Development Agency strategy under review and may submit proposed revisions of it to the Mayor.

(5) The London Development Agency and each of—

(a) Transport for London,

(b) the Metropolitan Police Authority, and

(c) the London Fire and Emergency Planning Authority,

shall in the exercise of any function have regard to the London Development Agency strategy.

(6) The Mayor may give the London Development Agency guidance and directions, in particular, with respect—

(a) to the preparation, content and submission of the draft strategy under subsection (1), or

(b) to keeping the London Development Agency strategy under review.

(7) Where the Mayor revises the London Development Agency strategy, he shall publish it as revised.

(8) Before publishing the London Development Agency strategy the Mayor shall consult—

(a) the persons whom he is required to consult by virtue of section 42 of the Greater London Authority Act 1999, and

(b) the persons mentioned in section 2(3)(b) and (c).

(9) In this Act and the Greater London Authority Act 1999, references to the London Development Agency strategy include, except where the context otherwise requires, a reference to the London Development Agency strategy as revised.”

Marginal Citations

M330 1998 c. 45.

307 Secretary of State’s functions in relation to the strategy. U.K.

After section 7A of the M331 Regional Development Agencies Act 1998 there shall be inserted—

“7B Secretary of State’s functions in relation to the London Development Agency strategy.

(1) The Secretary of State may give guidance to the Mayor about the exercise of his functions in relation to the London Development Agency strategy with respect to—

(a) the matters to be covered by that strategy or that strategy as revised, and

(b) the issues to be taken into account in preparing or revising that strategy.

(2) Section 7(3) applies in relation to the issues mentioned in subsection (1)(b) as it applies in relation to the issues mentioned in section 7(2)(b).

(3) The Mayor is to have regard to any guidance given under subsection (1).

(4) Where the Secretary of State considers—

(a) that the London Development Agency strategy (or any part of it) is inconsistent with national policies, or

(b) that the London Development Agency strategy or its implementation is having, or is likely to have, a detrimental effect on any area outside Greater London,

he may direct the Mayor to make such revisions of the strategy as may be specified in the direction in order to remove the inconsistency or, as the case may be, the detrimental effect or likely detrimental effect.

(5) Where the Secretary of State gives the Mayor a direction under subsection (4), the Mayor shall revise the London Development Agency strategy in accordance with the direction.

(6) Where the Mayor revises the London Development Agency strategy in accordance with subsection (5), section 7A(8) and section 42 of the M332 Greater London Authority Act 1999 (consultation about strategies) shall not apply.

(7) For the purposes of this section “national policies” are any policies of Her Majesty’s government which are available in a written form and which—

(a) have been laid or announced before, or otherwise presented to, either House of Parliament, or

(b) have been published by a Minister of the Crown.”

Marginal Citations

M331 1998 c. 45.

M332 1999 c. 29.

308 Audit. U.K.

In section 15 of the M333 Regional Development Agencies Act 1998 (audit of the regional development agencies) after subsection (3) of that section there shall be inserted—

“(4) Subsections (1) to (3) do not apply to the London Development Agency (whose accounts are, by virtue of paragraph 1(bc) of Schedule 2 to the M334 Audit Commission Act 1998, to be audited in accordance with that Act).

(5) The London Development Agency shall send a copy of its audited accounts to the Mayor of London and the Chair of the London Assembly.”

Marginal Citations

M333 1998 c. 45.

M334 1998 c. 18.

309 Further amendments of the Regional Development Agencies Act 1998. U.K.

Schedule 25 to this Act (further amendments of the M335 Regional Development Agencies Act 1998 relating to the Mayor of London and the London Development Agency) shall have effect.

Marginal Citations

M335 1998 c. 45.

Part VI U.K. Police and Probation Services

The Metropolitan Police Authority and its police force E+W+S

310 Establishment, membership and duty to maintain police force. E+W+S

(1) After section 5 of the M336 Police Act 1996 there shall be inserted—

“ The metropolitan police force E+W+S

5A Maintenance of the metropolitan police force.

A police force shall be maintained for the metropolitan police district.

5B Establishment of the Metropolitan Police Authority.

(1) There shall be a police authority for the metropolitan police district.

(2) The police authority established under this section shall be a body corporate to be known as the Metropolitan Police Authority.

5C Membership etc of the Metropolitan Police Authority.

(1) The Metropolitan Police Authority shall consist of twenty three members (subject to subsection (2)).

(2) The Secretary of State may by order provide that the number of members of the Metropolitan Police Authority shall be a specified odd number not less than seventeen.

(3) Before making an order under subsection (2) which reduces the number of members of the Metropolitan Police Authority, the Secretary of State shall consult—

(a) the Greater London Authority;

(b) the Metropolitan Police Authority; and

(c) the person or body responsible for the appointment of members of the Greater London Magistrates’ Courts Authority under regulations made under section 30B of the Justices of the M337 Peace Act 1997 (which, by virtue of paragraph 5(b) of Schedule 2A to this Act, appoints magistrates to be members of the Metropolitan Police Authority).

(4) An order under subsection (2) which reduces the number of members of the Metropolitan Police Authority may include provision as to the termination of the appointment of the existing members of the Metropolitan Police Authority and the making of new appointments or re-appointments.

(5) A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made.

(6) Schedules 2A and 3 shall have effect in relation to the Metropolitan Police Authority and the appointment of its members.

The metropolitan police and forces outside London.”

(2) After Schedule 2 to the M338 Police Act 1996 there shall be inserted the Schedule 2A set out in Schedule 26 to this Act.

Commencement Information

I68 S. 310 wholly in force at 3.7.2000: by virtue of s. 425(2), s. 310 in force at Royal Assent so far as it confers any power on a Minister of the Crown to make regulations or an order; s. 310 in force for certain purposes at 1.1.2000 by S.I. 1999/3271, art. 3(a); s. 310 in force for specified purposes on "the operative date" (as defined in S.I. 2000/1095, art. 1) and in so far as not already in force at 3.7.2000 by S.I. 2000/1095, art. 4(2)(a) (with arts. 5, 6)

Marginal Citations

M336 1996 c. 16.

M337 1997 c. 25.

M338 1996 c. 16.

311 Assimilation of general functions to those of other police authorities. E+W+S

In section 6 of the M339 Police Act 1996 (general functions of a police authority to include securing the maintenance of an efficient and effective police force for its area) after subsection (4) there shall be inserted—

“(5) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.”

Marginal Citations

M339 1996 c. 16.

312 Metropolitan Police Authority to be police authority instead of Secretary of State. E+W+S

(1) Section 101 of the M340 Police Act 1996 (interpretation) shall be amended as follows.

(2) In the definition of “police authority”, in paragraph (b), for “Secretary of State” there shall be substituted “ Metropolitan Police Authority ”.

(3) In the definition of “police fund”—

(a) in paragraph (a), after “force maintained under section 2” there shall be inserted “ or the metropolitan police force ”, and

(b) paragraph (b) shall cease to have effect.

Marginal Citations

M340 1996 c. 16.

313 Openness. E+W+S

(1) Section 100J of the M341 Local Government Act 1972 (access to meetings and documents: application of Part VA to certain authorities as to principal councils) shall be amended as follows.

(2) In subsection (1) (which lists the bodies to which the Part is applied) after paragraph (e) there shall be inserted—

“(eza) the Metropolitan Police Authority;”.

(3) In subsection (3) (modifications of section 100A(6)(a) relating to council premises in the case of certain bodies specified in paragraphs of subsection (1)) after “(e),” there shall be inserted “ (eza), ”.

(4) In subsection (4) (application of section 100G(1)(a) relating to registers of members in the M342 case of certain bodies specified in subsection (1)) in paragraph (a), after “Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.

Marginal Citations

M341 1972 c. 70.

M342 1996 c. 16.

Commissioners and Commanders U.K.

314 General functions of the Commissioner. U.K.

After section 9 of the M343 Police Act 1996 there shall be inserted—

“9A General functions of the Commissioner of Police of the Metropolis.

(1) The metropolitan police force shall be under the direction and control of the Commissioner of Police of the Metropolis appointed under section 9B.

(2) In discharging his functions, the Commissioner of Police of the Metropolis shall have regard to the local policing plan issued by the Metropolitan Police Authority under section 8.”

Marginal Citations

M343 1996 c. 16.

315 Appointment of Commissioner. U.K.

After section 9A of the M344 Police Act 1996 there shall be inserted—

“9B Appointment of Commissioner of Police of the Metropolis.

(1) There shall be a Commissioner of Police of the Metropolis.

(2) Any appointment of a Commissioner of Police of the Metropolis shall be made by Her Majesty by warrant under Her sign manual.

(3) A person appointed as Commissioner of Police of the Metropolis shall hold office at Her Majesty’s pleasure.

(4) Any appointment of a Commissioner of Police of the Metropolis shall be subject to regulations under section 50.

(5) Before recommending to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis, the Secretary of State shall have regard to—

(a) any recommendations made to him by the Metropolitan Police Authority; and

(b) any representations made to him by the Mayor of London.

(6) Any functions exercisable by the Mayor of London under subsection (5) may only be exercised by him personally.”

Marginal Citations

M344 1996 c. 16.

316 Functions of the Deputy Commissioner. U.K.

After section 9B of the M345 Police Act 1996 there shall be inserted—

“9C Functions of Deputy Commissioner of Police of the Metropolis.

(1) The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis—

(a) during any absence, incapacity or suspension from duty of the Commissioner,

(b) during any vacancy in the office of the Commissioner, or

(c) at any other time, with the consent of the Commissioner.

(2) The Deputy Commissioner of Police of the Metropolis shall not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.

(3) The Deputy Commissioner of Police of the Metropolis shall also have all the powers and duties of an Assistant Commissioner of Police of the Metropolis.”

Marginal Citations

M345 1996 c. 16.

317 Appointment of Deputy Commissioner. U.K.

After section 9C of the M346 Police Act 1996 there shall be inserted—

“9D Appointment of Deputy Commissioner of Police of the Metropolis.

(1) There shall be a Deputy Commissioner of Police of the Metropolis.

(2) Any appointment of a Deputy Commissioner shall be made by Her Majesty by warrant under Her sign manual.

(3) A person appointed as the Deputy Commissioner shall hold office at Her Majesty’s pleasure.

(4) Any appointment of a Deputy Commissioner shall be subject to regulations under section 50.

(5) Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner, the Secretary of State shall have regard to—

(a) any recommendations made to him by the Metropolitan Police Authority; and

(b) any representations made to him by the Commissioner.

(6) In this section—

• “the Commissioner” means the Commissioner of Police of the Metropolis;

• “Deputy Commissioner” means Deputy Commissioner of Police of the Metropolis.”

Marginal Citations

M346 1996 c. 16.

318 Removal of Commissioner or Deputy Commissioner. U.K.

After section 9D of the M347 Police Act 1996 there shall be inserted—

“9E Removal of Commissioner or Deputy Commissioner.

(1) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis to retire in the interests of efficiency or effectiveness.

(2) Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis an opportunity to make representations and shall consider any representations that he makes.

(3) Where the Commissioner of Police of the Metropolis is called upon to retire under subsection (1), he shall retire on such date as the Metropolitan Police Authority may specify or on such earlier date as may be agreed upon between him and the Authority.

(4) This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis.

(5) This section is without prejudice to—

(a) section 9B(3),

(b) section 9D(3),

(c) any regulations under section 50, or

(d) any regulations under the M348 Police Pensions Act 1976.”

Marginal Citations

M347 1996 c. 16.

M348 1976 c. 35.

319 Appointment, removal and functions of Assistant Commissioners. U.K.

After section 9E of the M349 Police Act 1996 there shall be inserted—

“9F Assistant Commissioners of Police of the Metropolis.

(1) The ranks that may be held in the metropolitan police force shall include that of Assistant Commissioner of Police of the Metropolis (“Assistant Commissioner”).

(2) Any appointment of an Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.

(3) Subsections (1) to (3) of section 9E shall apply in relation to an Assistant Commissioner as they apply to the Commissioner of Police of the Metropolis.

(4) Subsection (3) is without prejudice to—

(a) any regulations under section 50, or

(b) any regulations under the M350 Police Pensions Act 1976.

(5) An Assistant Commissioner may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner.

(6) Subsection (5) is without prejudice to any regulations under section 50.”

Marginal Citations

M349 1996 c. 16.

M350 1976 c. 35.

320 Appointment and removal of Commanders. U.K.

After section 9F of the M351 Police Act 1996 there shall be inserted—

“9G Commanders.

(1) The ranks that may be held in the metropolitan police force shall include that of Commander.

(2) Any appointment of a Commander in the metropolitan police force shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.

(3) Subsections (1) to (3) of section 9E shall apply in relation to a Commander in the metropolitan police force as they apply to the Commissioner of Police of the Metropolis.

(4) Subsection (3) is without prejudice to—

(a) any regulations under section 50, or

(b) any regulations under the M352 Police Pensions Act 1976.”

Marginal Citations

M351 1996 c. 16.

M352 1976 c. 35.

321 Continuation in post of Commissioners and Commanders. E+W+S

(1) Any appointment of a person as the Commissioner of Police of the Metropolis under section 1 of the M353 Metropolitan Police Act 1829 which is in force immediately before the coming into force of section 315 above shall have effect as from the coming into force of that section as the appointment of that person as the Commissioner of Police of the Metropolis under and in accordance with section 9B of the M354 Police Act 1996.

(2) If, immediately before the coming into force of section 317 above, there is in force in respect of a person who is one of the Assistant Commissioners of Police of the Metropolis an authorisation under section 8 of the M355 Metropolitan Police Act 1856 (authorisation of one of the Assistant Commissioners to act as Commissioner in case of vacancy, illness or absence) that person shall be taken, as from the coming into force of section 317 above, to have been appointed as the Deputy Commissioner of Police of the Metropolis u der and in accordance with section 9D of the M356 Police Act 1996.

(3) Any appointment of a person (other than a person in relation to whom subsection (2) above has effect) as an Assistant Commissioner of Police of the Metropolis under section 2 of the M357 Metropolitan Police Act 1856 which is in force immediately before the coming into force of section 319 above shall have effect as from the coming into force of that section as the appointment of that person as an Assistant Commissioner of Police of the Metropolis under and in accordance with section 9F of the M358 Police Act 1996.

(4) Any appointment of a person as a Commander in the metropolitan police force which is in force immediately before the coming into force of section 320 above shall have effect as from the coming into force of that section as the appointment of that person as a Commander under and in accordance with section 9G of the M359 Police Act 1996.

Marginal Citations

M353 1829 c. 44.

M354 1996 c. 16.

M355 1856 c. 2.

M356 1996 c. 16.

M357 1856 c. 2.

M358 1996 c. 16.

M359 1996 c. 16.

Other members U.K.

322 Other members of the metropolitan police force. U.K.

After section 9G of the M360 Police Act 1996 there shall be inserted—

“9H Other members of the metropolitan police force.

(1) The ranks that may be held in the metropolitan police force shall be such as may be prescribed by regulations under section 50.

(2) The ranks so prescribed in the case of the metropolitan police force shall include, in addition to the ranks of—

(a) Commissioner of Police of the Metropolis,

(b) Deputy Commissioner of Police of the Metropolis,

(c) Assistant Commissioner of Police of the Metropolis, and

(d) Commander,

those of superintendent, chief inspector, inspector, sergeant and constable.

(3) In the metropolitan police force, appointments and promotions to any rank below that of Commander shall be made in accordance with regulations under section 50 by the Commissioner of Police of the Metropolis.”

Marginal Citations

M360 1996 c. 16.

The metropolitan police district E+W+S

323 Alteration of the metropolitan police district. E+W+S

In section 76 of the M361 London Government Act 1963, for subsection (1) (which defines the metropolitan police district so as to include certain areas of Essex, Hertfordshire and Surrey) there shall be substituted—

“(1) The metropolitan police district shall consist of Greater London, excluding the City of London, the Inner Temple and the Middle Temple.”

Marginal Citations

M361 1963 c. 33.

324 Secondments to meet demands caused by the boundary change. E+W+S

(1) The Commissioner of Police of the Metropolis may, on the application of the chief officer of police of a police force maintained under section 2 of the M362 Police Act 1996 for the police area of Essex, Hertfordshire or Surrey, provide for that force constables from the metropolitan police force.

(2) An application under subsection (1) above may only be made for the purpose of, or otherwise in connection with, meeting the demands placed, or reasonably expected to be placed, on the resources of the police force in question in consequence of the change effected as a result of section 323 above in the police area for which that force is maintained.

(3) While a constable is provided under this section for a police force, he shall be under the direction and control of the chief officer of police of that force, notwithstanding section 9A(1) of the M363 Police Act 1996 (metropolitan police force to be under the direction and control of the Commissioner) or any other enactment relating to the direction or control of the metropolitan police force.

(4) The police authority maintaining a police force for which constables are provided under this section shall pay to the police authority maintaining the metropolitan police force such contribution as may be agreed upon between those authorities or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.

(5) This section is without prejudice to any other power of a chief officer of police to provide constables or other assistance to another police force.

(6) Expressions used in this section and in the M364 Police Act 1996 have the same meaning in this section as they have in that Act.

Marginal Citations

M362 1996 c. 16.

M363 1996 c. 16.

M364 1996 c. 16.

Miscellaneous police amendments E+W+S

325 Further amendments relating to metropolitan police etc. E+W+S

Schedule 27 to this Act (which makes further amendments relating to the metropolitan police etc) shall have effect.

Commencement Information

I69 S. 325 partly in force; s. 325 not in force at Royal Assent see s. 425(2); s. 325 in force for specified purposes at 1.1.2000 and 1.4.2000 by S.I. 1999/3271, art. 3(b), 4(b) and in force for specified purposes (3.7.2000) by S.I. 2000/1648, art. 2, Sch.

The probation service E+W+S

F89 326 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F89 S. 326 repealed (1.4.2001) by 2000 c. 43, s. 75, Sch. 8; S.I. 2001/919, art. 2(g), table

The Receiver for the Metropolitan Police District E+W+S

327 Abolition of office of Receiver. E+W+S

(1) When the Secretary of State is satisfied that—

(a) provision has been made such that no statutory functions remain, or are to remain, exercisable by the Receiver (whether as a consequence of provision made by or under this Act, the M365 Access to Justice Act 1999 or any other enactment whenever passed), and

(b) provision has been made for the transfer of all property, rights and liabilities of the Receiver (whether under Part XII below or by or under the Access to Justice Act 1999 or any other enactment whenever passed),

the Secretary of State may by order provide for the abolition of the office of the Receiver.

(2) In subsection (1) above references to the Receiver are references to the Receiver for the Metropolitan Police District.

Commencement Information

I70 S.327 partly in force: s.327 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2)

Marginal Citations

M365 1999 c. 22.

Part VII U.K. The London Fire and Emergency Planning Authority

328 Reconstitution of the Fire etc Authority. U.K.

(1) Section 27 of the M366 Local Government Act 1985 (which established the London Fire and Civil Defence Authority) shall cease to have effect.

(2) Notwithstanding the repeal of that section, the body corporate established by it (in this Act referred to as “the Fire etc Authority”) shall continue in being and shall, instead of being known as the London Fire and Civil Defence Authority, be known as the London Fire and Emergency Planning Authority.

(3) Any appointment to the Fire etc Authority in pursuance of section 27 of the M367 Local Government Act 1985 shall cease to have effect on the reconstitution day.

(4) As from the reconstitution day, the Fire etc Authority shall be reconstituted in accordance with the provisions of Schedule 28 to this Act.

(5) In construing in any enactment (whenever passed or made) any reference to, or any reference which includes a reference to, an authority established by Part IV of the M368 Local Government Act 1985 (however framed), the Fire etc Authority shall be taken on and after the reconstitution day to be an authority established otherwise than under that Part.

(6) Without prejudice to anything in section 15, 16 or 17 of the M369 Interpretation Act 1978, nothing in subsection (5) above—

(a) revives anything not in force or existing on the reconstitution day;

(b) affects the previous operation of any enactment or anything duly done or suffered before the reconstitution day;

(c) affects any right, privilege, obligation or liability acquired, accrued or incurred before the reconstitution day;

(d) affects any penalty, forfeiture or punishment incurred in respect of any offence committed before the reconstitution day;

(e) affects any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if subsection (5) above had not been enacted.

(7) Subject to the other provisions of this Act, any reference to, and any reference which includes a reference to, the Fire etc Authority in any Act or other document shall be construed in accordance with the preceding provisions of this section.

(8) Schedule 29 to this Act (which amends certain enactments relating to the Fire etc Authority and repeals spent provisions applying such enactments to authorities in Greater London which have been abolished) shall have effect.

(9) In this section and Schedule 28 to this Act—

• “enactment” includes an enactment comprised in subordinate legislation;

• “the reconstitution day” means such day as the Secretary of State may by order appoint for the purpose.

Commencement Information

I71 S. 328 wholly in force at 3.7.2000: s. 328 in force at Royal Assent (11.11.1999) for certain purposes see s. 425(2); s. 328 in force for certain further purposes (1.5.2000) by S.I. 2000/1094, art. 3(a); s. 328 in force (3.7.2000) in so far as not already in force by S.I. 2000/1094, art. 4(a)

Marginal Citations

M366 1985 c. 51.

M367 1985 c. 51.

M368 1985 c. 51.

M369 1978 c. 30.

329 Role as the fire authority for Greater London. U.K.

(1) Schedule 11 to the M370 Local Government Act 1985 (police and fire services) shall be amended as follows.

(2) In paragraph 2(1) (London Fire and Civil Defence Authority to be the fire authority for Greater London) for “London Fire and Civil Defence Authority” there shall be substituted “ London Fire and Emergency Planning Authority ”.

(3) In paragraph 2(4) (which provides that references in the M371 Metropolitan Fire Brigade Act 1865 to the Metropolitan Board of Works are to be construed as references to the London Fire and Civil Defence Authority) for “London Fire and Civil Defence Authority” there shall be substituted “ London Fire and Emergency Planning Authority ”.

Marginal Citations

M370 1985 c. 51.

M371 1865 c. 90.

330 Civil defence. U.K.

(1) In section 62 of the M372 Civil Defence Act 1939 (power of local authorities etc to appropriate land and buildings for the purposes of civil defence) in subsection (1A)(a) (meaning in England and Wales of “local authority” in the first place where it occurs in subsection (1)(b)) after “includes” there shall be inserted “ the London Fire and Emergency Planning Authority, ”.

(2) In section 9(1) of the M373 Civil Defence Act 1948 (general definitions) in the definition of “local authority” as respects England and Wales, after paragraph (a) there shall be inserted—

“(a1) the London Fire and Emergency Planning Authority;”.

Marginal Citations

M372 1939 c. 31.

M373 1948 c. 5.

331 Openness. U.K.

(1) Section 100J of the M374 Local Government Act 1972 (access to meetings and documents: application of Part VA to joint authorities etc as to principal councils) shall be amended as follows.

(2) In subsection (1) (which lists the bodies to which the Part is applied) after paragraph (b) there shall be inserted—

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

(3) In subsection (2) (joint boards and joint committees of certain bodies) in the words following paragraph (b), after “(b)” there shall be inserted “ , (bb) ”.

(4) In subsection (3) (modifications of section 100A(6)(a) relating to council premises in the case of certain bodies specified in paragraphs of subsection (1)) after “(b),” there shall be inserted “ (bb), ”.

(5) After subsection (4) (application of section 100G(1)(a) relating to registers of members in the case of certain bodies specified in subsection (1)) there shall be inserted—

“(4A) In its application by virtue of subsection (1)(bb) above in relation to the London Fire and Emergency Planning Authority, section 100G(1)(a) shall have effect with the substitution for the words “the ward or division which he represents” of the words “whether he is an Assembly representative or a borough representative, and—

(i) if he is an Assembly representative, whether he is a London member or a constituency member and, if a constituency member, the Assembly constituency for which he is a member; or

(ii) if he is a borough representative, the council of which he is a member (whether a London borough council or the Common Council). ””

Marginal Citations

M374 1972 c. 70.

332 Discharge of functions. U.K.

(1) In section 101 of the M375 Local Government Act 1972 (arrangements for discharge of functions by local authorities) in subsection (13) (meaning of “local authority” in Part VI) after “Under Treasurer of the Middle Temple,” there shall be inserted “ the London Fire and Emergency Planning Authority, ”.

(2) In section 104 of that Act (disqualification for membership of committees and joint committees) after subsection (4) there shall be inserted—

“(5) In the application of this section to the London Fire and Emergency Planning Authority, the reference to a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be treated as if it included a reference to a person who is disqualified under section 21 of the Greater London Authority Act 1999 from being elected or being the Mayor of London or a member of the London Assembly.”

Marginal Citations

M375 1972 c. 70.

333 Miscellaneous powers and duties. U.K.

In section 146A of the M376 Local Government Act 1972 (which for the purposes of certain provisions of Part VII treats a joint authority or the Inner London Education Authority as a local authority or a principal council) in subsection (1), after “a joint authority” there shall be inserted “ , the London Fire and Emergency Planning Authority ”.

Marginal Citations

M376 1972 c. 70.

Part VIII E+W+S Planning

The Mayor’s spatial development strategy E+W+S

334 The spatial development strategy. E+W+S

(1) The Mayor shall prepare and publish a document to be known as the “spatial development strategy”.

(2) The spatial development strategy must include a statement formulating the Mayor’s strategy for spatial development in Greater London.

(3) For the purposes of this Part, the Mayor’s strategy for spatial development includes his general policies in respect of the development and use of land in Greater London.

(4) The spatial development strategy must include statements dealing with the general spatial development aspects of—

(a) such of the other strategies prepared and published, or to be prepared and published, under the enactments mentioned in section 41(1) above as involve considerations of spatial development, and

(b) such of the Mayor’s other policies or proposals as involve such considerations,

whether or not the strategy, policy or proposal relates to the development or use of land.

(5) The spatial development strategy must deal only with matters which are of strategic importance to Greater London.

(6) In determining for the purposes of this Part whether a matter is of strategic importance to Greater London, it is immaterial whether or not the matter affects the whole area of Greater London.

(7) The spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed by regulations under section 343 below.

(8) The spatial development strategy may make different provision for different cases or for different parts of Greater London.

335 Public participation. E+W+S

(1) When preparing the spatial development strategy, the Mayor shall—

(a) prepare a draft of his proposals for the spatial development strategy;

(b) make that draft available to the Assembly and the functional bodies; and

(c) consult the Assembly and the functional bodies about the proposals.

(2) After the consultation required by subsection (1)(c) above and before finally determining the contents of the spatial development strategy, the Mayor shall—

(a) prepare a draft of his proposed spatial development strategy;

(b) make copies available for inspection at such places as may be prescribed by regulations under section 343 below;

(c) send a copy to each of the bodies and persons specified in subsection (3) below;

(d) comply with any requirements imposed by regulations under section 343 below; and

(e) consider any representations made in accordance with the regulations.

(3) The bodies and persons mentioned in subsection (2)(c) above are—

(a) the Secretary of State;

(b) every London borough council;

(c) the council of any county or district whose area adjoins Greater London and is affected by the proposed spatial development strategy;

(d) such other persons or bodies as may be prescribed by regulations under section 343 below; and

(e) any other body to which, or person to whom, the Mayor considers it appropriate to send a copy.

(4) In determining the bodies to which or persons to whom it is appropriate to send a copy of the strategy under subsection (3)(e) above (if any), the bodies to which and the persons to whom the Mayor considers sending a copy must include bodies of each of the descriptions specified in section 32(3) above.

(5) Each copy made available for inspection or sent under subsection (2) above shall be accompanied by a statement of the prescribed period within which representations may be made to the Mayor.

(6) The persons who may make representations in accordance with the regulations include, in particular, the bodies and persons specified in subsection (3) above.

(7) In this Part “representations made in accordance with the regulations” means representations made—

(a) in accordance with regulations made under section 343 below; and

(b) within the prescribed period.

(8) In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations made under section 343 below.

Commencement Information

I72 S.335 wholly in force at 3.7.2000: s.335 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2); s. 335 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

336 Withdrawal. E+W+S

(1) The proposed spatial development strategy prepared under section 335(2)(a) above may be withdrawn by the Mayor at any time before he publishes the spatial development strategy.

(2) On the withdrawal of the proposed spatial development strategy, the Mayor shall—

(a) withdraw the copies made available for inspection in accordance with section 335 above; and

(b) give notice that the proposed spatial development strategy has been withdrawn to every body or person falling within subsection (3) below.

(3) Those bodies and persons are—

(a) the Assembly;

(b) each of the functional bodies;

(c) each of the bodies and persons specified in section 335(3) above; and

(d) every body which, or person who, made representations in accordance with the regulations.

(4) This section does not affect the duty to prepare and publish a spatial development strategy in accordance with the provisions of this Part.

337 Publication. E+W+S

(1) Subject to the following provisions of this section, the Mayor may publish the spatial development strategy.

(2) The spatial development strategy published by the Mayor must be in the form of the proposed spatial development strategy under section 335(2)(a) above, either as originally prepared or as modified to take account of—

(a) any representations made in accordance with the regulations;

(b) any direction given under subsection (7) below and not withdrawn;

(c) any report made under section 338 below by a person conducting an examination in public; or

(d) any other material considerations.

(3) Subsection (2) above is subject to the following provisions of this section.

(4) The spatial development strategy must not be published by the Mayor until after—

(a) he has considered any representations made in accordance with the regulations, or

(b) if no such representations are made, the expiry of the prescribed period,

and, in either case, if an examination in public is to be held under section 338 below, must not be published until after the report of the person or persons conducting the examination in public has been made to the Mayor.

(5) The provision that may be made by regulations under section 343 below includes provision prohibiting publication of the spatial development strategy until such further procedures as may be prescribed have been complied with.

(6) If at any time it appears to the Secretary of State that it is expedient to do so for the purpose of avoiding—

(a) any inconsistency with current national policies or relevant [F90 regional]planning guidance, or

(b) any detriment to the interests of an area outside Greater London,

he may, at any time before the Mayor has published the spatial development strategy, give the Mayor a direction under subsection (7) below.

(7) A direction under this subsection is a direction to the Mayor not to publish the spatial development strategy except in a form which includes modifications to the proposed spatial development strategy in such respects as are indicated in the direction, in order to—

(a) remove the inconsistency mentioned in subsection (6)(a) above; or

(b) avoid the detriment mentioned in subsection (6)(b) above.

(8) Where a direction under subsection (7) above is given to the Mayor, the Mayor must not publish the spatial development strategy unless—

(a) he satisfies the Secretary of State that he has made the modifications necessary to conform with the direction; or

(b) the direction is withdrawn.

(9) Subject to the following provisions of this Part, the spatial development strategy shall become operative on the date on which it is published by the Mayor.

(10) For the purposes of this section “relevant regional planning guidance” means any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London.

(11) In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations made under section 343 below.

Textual Amendments

F90 Word in s. 337(6)(a) inserted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. 1 Pt. I para. 8

Commencement Information

I73 S. 337 wholly in force at 3.7.2000: s. 337 in force at Royal Assent (11.11.1999) for certain purposes see s.425(2); s. 337 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

338 Examination in public. E+W+S

(1) Before publishing the spatial development strategy, the Mayor shall, unless the Secretary of State otherwise directs, cause an examination in public to be held.

(2) The following provisions of this section have effect in relation to an examination in public under subsection (1) above.

(3) An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.

(4) The matters examined at an examination in public shall be such matters affecting the consideration of the spatial development strategy as the person or persons conducting the examination in public may consider ought to be so examined.

(5) The person or persons conducting an examination in public shall make a report to the Mayor.

(6) No person shall have a right to be heard at an examination in public.

(7) The following may take part in an examination in public—

(a) the Mayor; and

(b) any person invited to do so by the person or persons conducting the examination in public.

(8) The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at an examination in public.

(9) The Authority shall defray—

(a) the fees and expenses of the person appointed to conduct an examination in public; and

(b) any other costs of holding an examination in public.

(10) An examination in public—

(a) shall constitute a statutory inquiry for the purposes of section l(l)(c) of the M377 Tribunals and Inquiries Act 1992 (administration provisions involving the holding of a statutory inquiry); but

(b) shall not constitute such an inquiry for any other purpose of that Act.

Commencement Information

I74 S.338 wholly in force at 3.7.2000: s. 338 in force at 11.11.1999 for certain purposes see s. 425(2); s. 338 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M377 1992 c. 53.

Review, alteration and replacement E+W+S

339 Review of matters affecting the strategy. E+W+S

(1) The Mayor shall keep under review the matters which may be expected to affect the development of Greater London or the planning of its development or which are otherwise relevant to the content of the spatial development strategy.

(2) For the purpose of discharging his functions under subsection (1) above of keeping under review any matters relating to the area of a local planning authority outside Greater London, the Mayor shall consult that local planning authority about those matters.

340 Reviews of the strategy. E+W+S

(1) It shall be the duty of the Mayor to review the spatial development strategy from time to time.

(2) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, review the spatial development strategy or such part of it as may be specified in the direction.

341 Alteration or replacement. E+W+S

(1) The Mayor may at any time prepare and publish—

(a) alterations of the spatial development strategy, or

(b) a new spatial development strategy to replace it.

(2) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, prepare and publish—

(a) such alterations of the spatial development strategy as the Secretary of State directs; or

(b) a new spatial development strategy to replace it.

(3) This Part (other than section 334(1) above) shall apply in relation to the preparation and publication of—

(a) alterations of the spatial development strategy, or

(b) a new spatial development strategy to replace it,

as it applies in relation to the preparation and publication of the spatial development strategy (and shall apply in relation to the altered or new spatial development strategy as it applies in relation to the spatial development strategy).

(4) In this Act, references to the spatial development strategy include, except where the context otherwise requires, a reference to—

(a) the spatial development strategy as altered; or

(b) a new spatial development strategy which replaces a previous spatial development strategy.

Supplementary provisions E+W+S

342 Matters to which the Mayor is to have regard. E+W+S

(1) In exercising his functions under the preceding provisions of this Part, the Mayor shall have regard to—

(a) any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London; and

(b) such other matters as the Secretary of State may prescribe.

(2) The matters to which the Mayor is to have regard by virtue of subsection (1) above are in addition to the matters to which he is to have regard by virtue of section 41(4) above.

Commencement Information

I75 S. 342 wholly in force at 3.7.2000: s. 342 in force at 11.11.1999 for certain purposes see s. 425(2); s. 342 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

343 Regulations. E+W+S

(1) Without prejudice to any other provision of this Part, the Secretary of State may make regulations with respect to all or any of the following—

(a) the form and content of the spatial development strategy;

(b) the documents (if any) which he requires to accompany the spatial development strategy;

(c) the procedure to be followed in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy or in connection with any review under section 339 above.

(2) Regulations under this Part may make different provision for different parts of Greater London.

Commencement Information

I76 S.343 wholly in force at 3.7.2000: s.343 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2); s. 343 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Implementation E+W+S

344 Amendments of the Town and Country Planning Act 1990. E+W+S

(1) The M378 Town and Country Planning Act 1990 shall be amended as follows.

(2) In section 12 (preparation of unitary development plan) after subsection (3B) there shall be inserted—

“(3C) In the case of a London borough, Part I of the unitary development plan shall be in general conformity with the spatial development strategy for the time being in force.”

(3) In subsection (7) of that section (Part II to be in general conformity with Part I) after “Part I” there shall be inserted “ and, in the case of a London borough council, with the spatial development strategy ”.

(4) In section 13 (public participation) after subsection (1) there shall be inserted—

“(1A) Where the local planning authority for a London borough have prepared a unitary development plan, they shall, before complying with subsection (2), make an application in accordance with regulations under section 26 to the Mayor of London for his written opinion whether the unitary development plan is in general conformity with the spatial development strategy.”

(5) After subsection (5) of that section there shall be inserted—

“(5A) If, on an application under subsection (1A), the opinion given by the Mayor of London in accordance with regulations under section 26 is that the unitary development plan is not in general conformity with the spatial development strategy, the giving of the opinion shall be treated as the making by the Mayor of objections in accordance with the regulations.”

(6) In section 15 (adoption of unitary development plan by local planning authority) after subsection (2) there shall be inserted—

“(2A) A unitary development plan shall not be adopted by a London borough council unless Parts I and II of the plan are in general conformity with the spatial development strategy.”

(7) After section 21 there shall be inserted—

“ Greater London: conformity with spatial development strategy E+W+S

21A “Greater London: conformity with spatial development strategy.

(1) Where—

(a) a local planning authority in Greater London propose to make, alter or replace a unitary development plan;

(b) copies of proposed alterations of, or of a proposed new spatial development strategy to replace, the spatial development strategy have been made available for inspection under section 335(2) of the Greater London Authority Act 1999; and

(c) the local planning authority include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption,

the permitted assumption shall, subject to subsection (4), be made for all purposes (including in particular any question as to conformity between the plan and the spatial development strategy).

(2) In this section “the permitted assumption” means the assumption that—

(a) the proposed alterations or new spatial development strategy mentioned in subsection (1)(b); or

(b) if any proposed modifications to those proposed alterations or that new spatial development strategy have been published in accordance with regulations made under section 343 of the Greater London Authority Act 1999, the proposed alterations or spatial development strategy as so modified,

have become operative under section 337(9) of that Act.

(3) For the purposes of subsection (1)(c) a copy is a relevant copy of a plan or proposals if it is served on the Greater London Authority.

(4) The permitted assumption shall not be made at any time after the local planning authority know that the proposed alterations or new spatial development strategy mentioned in subsection (1)(b) have been withdrawn. ””

(8) In section 26 (regulations and directions) in subsection (2), after paragraph (b) there shall be inserted—

“(bb) make provision with respect to the making of an application to the Mayor of London for a written opinion under section 13(1A) and the giving by him of such an opinion (including provision as to the time within which such an application or opinion must be made or given);”.

(9) In section 74 (directions etc as to method of dealing with applications) after subsection (1A) there shall be inserted—

“(1B) Provision may be made by a development order—

(a) for enabling the Mayor of London in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for a London borough to refuse an application for planning permission of a prescribed description in any particular case;

(b) for prohibiting a local planning authority to which any such direction is given from implementing the direction in prescribed circumstances or during prescribed periods; and

(c) for modifying any provision of this Act relating to an appeal against a refusal of planning permission (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with such a direction;

and in the preceding provisions of this subsection “prescribed” means prescribed by, or by directions made under, a development order.

(1C) In determining whether to exercise any power under subsection (1B) to direct a local planning authority to refuse an application, the Mayor of London shall have regard to—

(a) the development plan, and

(b) the spatial development strategy prepared and published under Part VIII of the Greater London Authority Act 1999,

so far as material to the application.”

(10) In section 336 (interpretation) the following definition shall be inserted at the appropriate place in subsection (1)—

• ““spatial development strategy” shall be construed in accordance with Part VIII of the Greater London Authority Act 1999 (planning);”.

Marginal Citations

M378 1990 c. 8.

345 Town and Country Planning Act 1990: costs of appeals. E+W

After section 322A of the M379 Town and Country Planning Act 1990 there shall be inserted—

“322B Local inquiries in London: special provision as to costs in certain cases.

(1) This section applies where—

(a) the local planning authority for a London borough refuse an application for planning permission,

(b) that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and

(c) an appeal against the refusal is made to the Secretary of State under section 78.

(2) If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if—

(a) for subsection (4) there were substituted the subsection set out at subsection (5) below, and

(b) for subsection (5) there were substituted the subsection set out at subsection (6) below.

(3) If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.

(4) If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.

(5) The subsection referred to in subsection (2)(a) above is as follows—

“( ) Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry shall be paid—

(a) by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission, or

(b) if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct;

and the Secretary of State may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt. ”

(6) The subsection referred to in subsection (2)(b) above is as follows—

“( ) Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and—

(a) the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission;

(b) every such order may be made a rule of the High Court on the application of any party named in the order. ”

(7) In this section “the 1972 Act” means the Local Government Act 1972.”

Marginal Citations

M379 1990 c. 8.

Miscellaneous and supplemental E+W+S

346 Monitoring and data collection. E+W+S

It shall be the duty of the Mayor—

(a) to monitor the implementation of the spatial development strategy;

(b) to monitor the unitary development plan of each London borough council; and

(c) to monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the spatial development strategy.

347 Functional bodies to have regard to the strategy. E+W+S

In exercising any function, each of the functional bodies shall have regard to the spatial development strategy.

348 Mayor’s functions as to planning around Greater London. E+W+S

(1) The Mayor shall inform—

(a) the local planning authorities for areas in the vicinity of Greater London,

(b) any body on which those authorities are represented, or

(c) any other body which the Mayor considers should be informed,

of his views concerning any matters of common interest, whether general or specific, relating to the planning or development of Greater London or those areas.

(2) The Mayor may also inform those authorities, or any such body, of his views concerning any other matters, whether general or specific, relating to the planning or development of those areas.

(3) The Mayor shall from time to time consult the London borough councils about the exercise of his functions under this section.

(4) The Mayor may make contributions towards defraying the expenses of any body on which the Authority is represented for the purpose of facilitating the discharge of the Mayor’s functions under this section.

349 Abolition of joint planning committee for Greater London. E+W+S

The joint planning committee for Greater London established under section 5 of the M380 Local Government Act 1985 and continued by section 3 of the M381 Town and Country Planning Act 1990 is abolished by this section.

Marginal Citations

M380 1985 c. 51.

M381 1990 c. 8.

350 Interpretation of Part VIII. E+W+S

(1) In this Part, except where the context otherwise requires,—

• “prescribe” means prescribe by regulations;

• “regulations” means regulations made by the Secretary of State;

• “representations made in accordance with the regulations” shall be construed in accordance with section 335(7) above.

(2) For the purposes of this Part—

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough; and

(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.

Commencement Information

I77 S.350 wholly in force at 3.7.2000: s.350 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2); s. 350 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Part IX U.K. Environmental functions

Report on the state of the environment E+W+S

351 The Mayor’s environmental report. E+W+S

(1) The Mayor shall produce and publish a report on the environment in Greater London to be known as a “state of the environment report”.

(2) The report required of the Mayor under subsection (1) shall be published—

(a) in the case of the first state of the environment report, before the end of the period of three years beginning with the day of the first ordinary election, and

(b) in the case of each state of the environment report subsequent to the first, before the end of the period of four years beginning with the day on which the previous state of the environment report was published.

(3) A state of the environment report shall contain information about the following matters in relation to Greater London—

(a) air quality and emissions to air, including in particular emissions from road traffic,

(b) road traffic levels,

(c) water quality and emissions to water,

(d) ground water levels,

(e) energy consumption and the emission of substances which contribute to climate change,

(f) land quality,

(g) biodiversity,

(h) the production, minimisation, recycling and disposal of waste,

(i) noise,

(j) natural resources, and

(k) litter,

and may contain information about any other matters in relation to Greater London which the Mayor considers appropriate.

(4) Before producing a state of the environment report, the Mayor shall consult—

(a) the Environment Agency,

(b) each London borough council,

(c) the Common Council, and

(d) any other person who the Mayor considers it appropriate to consult.

(5) A copy of each state of the environment report shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(6) A copy of each state of the environment report, or any part of such a report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(7) In this section “the appropriate period” in the case of any state of the environment report is the period of six years beginning with the date of publication of that report pursuant to this section.

Biodiversity E+W+S

352 The Mayor’s biodiversity action plan. E+W+S

(1) The Mayor shall prepare and publish a document to be known as the “London Biodiversity Action Plan”.

(2) The London Biodiversity Action Plan shall contain information about—

(a) the ecology of Greater London,

(b) the wildlife of Greater London and its habitat,

(c) any proposals for the conservation and promotion by the Mayor of biodiversity within Greater London, which have been agreed between the Mayor and any person or body he is required to consult in relation to the London Biodiversity Action Plan, and

(d) any commitments as to the conservation and promotion of biodiversity within Greater London made by any person or body who is required to be consulted by the Mayor in relation to the London Biodiversity Action Plan.

(3) In preparing or revising the London Biodiversity Action Plan the Mayor shall consult—

(a) [F91 English Nature],

(b) the Countryside Agency, and

(c) the Environment Agency.

(4) In preparing or revising the London Biodiversity Action Plan the Mayor shall also—

(a) have regard to any plans relating to biodiversity prepared by a London borough council or the Common Council, and

(b) have regard to any guidance given to him by the Secretary of State about the matters which he is to take into account in preparing or revising the London Biodiversity Action Plan.

(5) Where the Mayor revises the London Biodiversity Action Plan, he shall publish it as revised.

(6) In this Act, references to the London Biodiversity Action Plan include, except where the context otherwise requires, a reference to the London Biodiversity Action Plan as revised.

Textual Amendments

F91 Words in s. 352(3)(a) substituted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 1(v)

Waste E+W+S

353 The Mayor’s municipal waste management strategy. E+W+S

(1) The Mayor shall prepare and publish a document to be known as the “municipal waste management strategy”.

(2) The municipal waste management strategy—

(a) shall contain the Mayor’s proposals and policies for the recovery, treatment and disposal of municipal waste, and

(b) may contain such other proposals and policies relating to municipal waste as he considers appropriate.

(3) In preparing the municipal waste management strategy the Mayor is to have regard to the plans prepared by waste collection authorities in Greater London in accordance with section 49 of the M382 Environmental Protection Act 1990 (waste recycling plans).

(4) In preparing or revising the municipal waste management strategy the Mayor shall have regard to—

(a) the strategy prepared by the Secretary of State in accordance with section 44A of the M383 Environmental Protection Act 1990 (the national waste strategy), and

(b) any guidance given to him by the Secretary of State for the purposes of the implementation of that strategy and relating to the content of the municipal waste management strategy.

(5) In preparing or revising the municipal waste management strategy the Mayor shall consult—

(a) the Environment Agency,

(b) waste disposal authorities in Greater London,

(c) any waste disposal authority the area of which has a boundary which adjoins any part of the boundary of Greater London,

(d) local authorities in whose areas municipal waste is disposed of by waste disposal authorities in Greater London or is proposed in the strategy to be so disposed of, and

(e) any other body which is concerned with the minimisation, recovery, treatment or disposal of municipal waste and which the Mayor considers it appropriate to consult.

(6) Where the Mayor revises the municipal waste management strategy, he shall publish it as revised.

(7) In this Act, references to the municipal waste management strategy include, except where the context otherwise requires, a reference to the municipal waste management strategy as revised.

Marginal Citations

M382 1990 c. 43.

M383 1990 c. 43.

354 Directions by the Secretary of State. E+W+S

(1) Where the Secretary of State considers that either of the conditions specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the municipal waste management strategy.

(2) The conditions mentioned in subsection (1) above are—

(a) that the municipal waste management strategy or its implementation is likely to be detrimental to any area outside Greater London, or

(b) that a direction about the content of the municipal waste management strategy is required for the purposes of the implementation of the policies contained in the strategy prepared by the Secretary of State in accordance with section 44A of the M384 Environmental Protection Act 1990 (national waste strategy).

(3) The power of the Secretary of State to give a direction to the Mayor under subsection (1) above—

(a) may be exercised either generally or specially, and

(b) may only be exercised after consultation with the Mayor.

(4) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.

Marginal Citations

M384 1990 c. 43.

355 Duties of waste collection authorities etc. E+W+S

In exercising any function under Part II of the M385 Environmental Protection Act 1990 (waste on land)—

(a) each of the waste collection authorities in Greater London, and

(b) each of the waste disposal authorities in Greater London,

shall have regard to the municipal waste management strategy.

Marginal Citations

M385 1990 c. 43.

356 Directions by the Mayor. E+W+S

(1) Where the Mayor considers that it is necessary for the purposes of the implementation of the municipal waste management strategy, he may give to a waste collection authority in Greater London, or a waste disposal authority in Greater London, a direction requiring the authority to exercise a function in a manner specified in the direction.

(2) The Mayor may not give to an authority a direction under subsection (1) above requiring the authority—

(a) to terminate a waste contract before the expiry of the term of the contract; or

(b) to do anything which would result in a breach of any term of a waste contract.

(3) The Mayor may not give to an authority a direction under subsection (1) above requiring the authority to exercise a function in relation to the awarding of a waste contract if—

(a) the authority is required to comply with the public procurement regulations in awarding that contract, and

(b) in compliance with those regulations the authority has sent the second information notice relating to the awarding of that contract to the Official Journal of the European Communities.

(4) The power of the Mayor to give a direction to an authority under subsection (1) above—

(a) may be exercised either generally or specially, and

(b) may only be exercised after consultation with the authority concerned.

(5) Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.

357 Information about existing waste contracts. E+W+S

(1) Where at the date on which this section comes into force a waste authority is a party to a waste contract, the authority shall, before the end of the period of 21 days beginning with the date on which this section comes into force, notify the Mayor of the date on which the term of the contract is due to expire.

(2) A waste authority which is a party to a waste contract shall—

(a) at least two years before the date on which the term of the contract is due to expire, but

(b) no earlier than three years before that date,

notify the Mayor of that date.

(3) Subsection (1) above is without prejudice to subsection (2) above.

(4) If at any time before the date on which the term of a waste contract is due to expire a waste authority which is a party to the contract—

(a) proposes to terminate or amend the contract, or

(b) receives notification from another party to the contract that the contract is or is proposed to be terminated or amended,

the authority shall as soon as reasonably practicable notify the Mayor.

(5) Where the Mayor has been notified by a waste authority under subsection (1), (2) or (4) above he may direct the authority to provide him with such information as he may require for the purposes of deciding whether—

(a) the arrangements which the authority is making to enter into a new contract,

(b) the terms upon which the authority is proposing to enter into a new contract, or

(c) the amendments or proposed amendments to the contract,

would be detrimental to the implementation of the municipal waste management strategy.

(6) Where the Mayor gives an authority a direction under subsection (5) above, the authority to whom the direction is given shall comply with the direction.

358 Information about new waste contracts. E+W+S

(1) If in the awarding of a waste contract a waste authority is required to comply with the public procurement regulations, the authority shall not send the first information notice relating to the awarding of the contract to the Official Journal of the European Communities unless—

(a) the authority has notified the Mayor that it proposes to send such a notice, and

(b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.

(2) If in the awarding of a waste contract a waste authority is not required to comply with the public procurement regulations, the authority shall not enter into the contract unless—

(a) the authority has notified the Mayor that it proposes to enter into such a contract, and

(b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.

(3) Where the Mayor has been notified under subsection (1) or (2) above he may direct the waste authority to provide him with such information about the contract as he may require for the purposes of deciding whether the contract would be detrimental to the implementation of the municipal waste management strategy.

(4) Where the Mayor gives an authority a direction under subsection (3) above, the authority to whom the direction is given shall comply with the direction.

359 Confidential information about waste contracts. E+W+S

(1) Nothing in section 357 or 358 above shall require a waste authority to provide any information if—

(a) the information has been provided to the waste authority by another person,

(b) that person has imposed requirements as to the maintenance by the waste authority of confidentiality in respect of the information,

(c) the waste authority is, by virtue of the public procurement regulations, under a duty to comply with those requirements, and

(d) the provision of the information would be in breach of that duty.

(2) If at the time when information is provided by a waste authority to the Mayor under section 357 or 358 above the waste authority notifies the Mayor that, in the opinion of the authority, the information is confidential information or exempt information, the information shall not be disclosed—

(a) by the Mayor, except to a person appointed under section 67(1) or (2) above, or

(b) by such a person, except to another such person.

(3) For the purposes of subsection (2) above—

• “confidential information” has the meaning given by section 100A(3) of the M386 Local Government Act 1972, but taking the reference to the council in paragraph (a) of that provision as a reference to the waste authority;

• “exempt information” shall be construed in accordance with section 100I of that Act, but taking references to a principal council in paragraph 1(2) of Schedule 12A to that Act (meaning of “the authority”) as references to a waste authority.

Marginal Citations

M386 1972 c. 70.

360 Interpretation of sections 353 to 359. E+W+S

(1) This section applies for the purposes of sections 353 to 359 above.

(2) The following expressions have the meanings given below—

• “disposal”, in relation to waste, shall be construed in accordance with section 29(6) of the M387 Environmental Protection Act 1990,

• “municipal waste” means any waste in the possession or under the control of—

  (a)

  a body which, or a person who, is a waste collection authority in Greater London, or

  (b)

  a body which is a waste disposal authority in Greater London,

  whether or not the waste is in the possession or under the control of the body or person under or by virtue of that Act,

• “the public procurement regulations” means any of the following—

  (a)

  the M388 Public Works Contracts Regulations 1991,

  (b)

  the M389 Public Services Contracts Regulations 1993,

  (c)

  the M390 Public Supply Contracts Regulations 1995, and

  (d)

  the M391 Utilities Contracts Regulations 1996,

• “recovery”, in relation to waste, includes the recovery of materials from waste and the recovery of energy from waste,

• “treatment”, in relation to waste, shall be construed in accordance with section 29(6) of the M392 Environmental Protection Act 1990,

• “waste” shall be construed in accordance with section 75 of that Act,

• “waste authority” means—

  (a)

  a waste collection authority in Greater London, or

  (b)

  a waste disposal authority in Greater London,

• “waste collection authority in Greater London” shall be construed in accordance with section 30(3)(b) of that Act,

• “waste contract” means a contract which includes or is to include provision relating to municipal waste and is made or to be made by a waste authority in the performance of its functions under Part II of that Act (waste on land), and

• “waste disposal authority in Greater London” shall be construed in accordance with section 30(2)(b) of that Act.

(3) “First information notice”, in relation to the awarding of a waste contract by a waste authority, means—

(a) in a case where the authority is required in the awarding of that contract to comply with—

(i) the M393 Public Works Contracts Regulations 1991,

(ii) the M394 Public Services Contracts Regulations 1993, or

(iii) the M395 Public Supply Contracts Regulations 1995,

a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 9 of the relevant Regulations; or

(b) in a case where the authority is required in the awarding of that contract to comply with the M396 Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 14.

(4) “Second information notice”, in relation to the awarding of a waste contract by a waste authority, means—

(a) in a case where the authority is required in the awarding of that contract to comply with—

(i) the Public Works Contracts Regulations 1991,

(ii) the Public Services Contracts Regulations 1993, or

(iii) the Public Supply Contracts Regulations 1995,

a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 11, 12 or 13 of the relevant Regulations; or

(b) in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities which in accordance with regulation 15(2)(b) satisfies the requirement of regulation 15(1) to make a call for competition.

(5) Until the date on which the municipal waste management strategy is first published under section 353(1) above, sections 356(1), 357(5) and 358(3) above have effect as if the references to the municipal waste management strategy were references to the policies contained in the strategy prepared by the Secretary of State in accordance with section 44A of the M397 Environmental Protection Act 1990 (national waste strategy).

Marginal Citations

M387 1990 c. 43.

M388 S.I. 1991/2680.

M389 S.I. 1993/3228.

M390 S.I. 1995/201.

M391 S.I. 1996/2911.

M392 1990 c. 43.

M393 S.I. 1991/2680.

M394 S.I. 1993/3228.

M395 S.I. 1995/201.

M396 S.I. 1996/2911.

M397 1990 c. 43.

361 Waste recycling plans. E+W+S

(1) Section 49 of the M398 Environmental Protection Act 1990 (duty of waste collection authorities to produce waste recycling plans) shall be amended as follows.

(2) In subsection (4) (duty of waste collection authorities to send a draft of the waste recycling plan to the Secretary of State) after “a waste collection authority” there shall be inserted “ other than a waste collection authority in Greater London ”.

(3) After that subsection there shall be inserted—

“(4A) It shall be the duty of a waste collection authority in Greater London, before finally determining the content of the plan or a modification, to send a copy of it in draft to the Mayor of London.

(4B) It shall be the duty of the Mayor of London to consider the draft plan or modification sent to him under subsection (4A) above and to give to the authority such directions as he considers necessary for securing compliance with subsection (3) above.

(4C) Where the Mayor of London gives any direction to a waste collection authority under subsection (4B) above, it shall be the duty of the authority to comply with the direction.”

(4) In subsection (7) (directions by the Secretary of State as to the time within which duties imposed by the section are to be performed) after “any waste collection authority” there shall be inserted “ other than a waste collection authority in Greater London ”.

(5) After that subsection there shall be inserted—

“(7A) The Mayor of London may give to any waste collection authority in Greater London directions as to the time by which the authority is to perform any duty imposed by this section specified in the direction; and it shall be the duty of the authority to comply with the direction.”

Marginal Citations

M398 1990 c. 43.

Air quality U.K.

362 The Mayor’s air quality strategy. E+W+S

(1) The Mayor shall prepare and publish a document to be known as the “London air quality strategy”.

(2) The London air quality strategy shall contain the Mayor’s proposals and policies—

(a) for the implementation in Greater London of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the M399 Environment Act 1995 (national air quality strategy), and

(b) for the achievement in Greater London of the air quality standards and objectives prescribed in regulations made under section 87(2)(a) and (b) of that Act,

and may contain such other proposals and policies relating to the improvement of air quality in Greater London as the Mayor considers appropriate.

(3) The London air quality strategy shall also contain information about—

(a) the air quality in Greater London and the likely future air quality in Greater London,

(b) the measures which are to be taken by the Authority, Transport for London and the London Development Agency for the purpose of the implementation of the London air quality strategy,

(c) the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of the implementation of the London air quality strategy.

(4) In preparing or revising the London air quality strategy the Mayor shall have regard—

(a) to reviews and assessments of air quality made by local authorities in Greater London in accordance with section 82 of the M400 Environment Act 1995,

(b) to any designation by a local authority in Greater London of an air quality management area in accordance with section 83 of that Act,

(c) to any plan prepared for the purposes of the achievement of air quality standards by a local authority in Greater London in accordance with section 84(2)(b) of that Act, and

(d) to any guidance about the content of the London air quality strategy given to him by the Secretary of State for the purposes of the implementation of the strategy prepared and published by the Secretary of State in accordance with section 80 of that Act, (national air quality strategy).

(5) In preparing or revising the London air quality strategy the Mayor shall consult—

(a) the Environment Agency, and

(b) any local authority the area of which has a boundary which adjoins any part of the boundary of Greater London.

(6) Where the Mayor revises the London air quality strategy, he shall publish it as revised.

(7) In this Act, references to the London air quality strategy include, except where the context otherwise requires, a reference to the London air quality strategy as revised.

Marginal Citations

M399 1995 c.25.

M400 1995 c. 25.

363 Directions by the Secretary of State. E+W+S

(1) Where the Secretary of State considers that either of the conditions specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the London air quality strategy.

(2) The conditions mentioned in subsection (1) above are—

(a) that the London air quality strategy or its implementation is likely to be detrimental to any area outside Greater London, or

(b) that a direction about the content of the London air quality strategy is required for the purposes of the implementation of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the M401 Environment Act 1995 (national air quality strategy).

(3) The power of the Secretary of State to give a direction to the Mayor under subsection (1) above—

(a) may be exercised either generally or specially, and

(b) may only be exercised after consultation with the Mayor.

(4) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.

Marginal Citations

M401 1995 c. 25.

364 Duty of local authorities in Greater London. U.K.

In exercising any function under Part IV of the M402 Environment Act 1995 (air quality) a local authority in Greater London shall have regard to the London air quality strategy.

Marginal Citations

M402 1995 c.25.

365 Directions by the Mayor. E+W+S

(1) The Mayor may give a direction to any local authority in Greater London requiring the authority to provide him with such information, advice and assistance as he may require in the preparation and revision of the London air quality strategy.

(2) The power of the Mayor to give a direction to an authority under subsection (1) above may be exercised either generally or specially.

(3) Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.

366 Interpretation of sections 362 to 365. E+W+S

For the purposes of sections 362 to 365 above “local authority” has the meaning given to it by section 91(1) of the Environment Act 1995.

367 Directions under the Environment Act 1995. E+W+S

(1) Section 85 of the M403 Environment Act 1995 (reserve powers of the Secretary of State in relation to air quality) shall be amended in accordance with [F92 subsections (2) to (5)]below.

(2) In subsection (1) (definition of “appropriate authority” for the purposes of the section)—

(a) in paragraph (a), for “England and Wales, the Secretary of State; and” there shall be substituted “ local authorities in England and Wales other than local authorities in Greater London, the Secretary of State; ”, and

(b) after that paragraph there shall be inserted—

“(aa) in relation to local authorities in Greater London, the Mayor of London; and”.

(3) After subsection (4) there shall be inserted—

“(4A) The powers of the Mayor of London to give directions under this section to a local authority in Greater London may only be exercised after consultation with the local authority concerned.

(4B) In exercising any function under subsection (2), (3) or (4) above the Mayor of London shall have regard to any guidance issued by the Secretary of State to local authorities under section 88(1) below.”

(4) In subsection (5) (power of the Secretary of State to give directions relating to obligations under the Community Treaties or to international obligations) after “local authorities” there shall be inserted “ , other than local authorities in Greater London, ”.

(5) After subsection (6) (publishing of directions under the section) there shall be inserted—

“(6A) The Mayor of London shall send a copy of any direction he gives under this section to the Secretary of State.”

Textual Amendments

F92 Words in s. 367(1) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch 1 Pt. I para. 9

Marginal Citations

M403 1995 c. 25.

368 Duty of the Mayor in relation to air quality action plans. U.K.

After section 86 of the M404 Environment Act 1995 (functions of county councils in relation to district councils) there shall be inserted—

“86A Functions exercisable by the Mayor of London.

(1) Where a local authority in Greater London is preparing an action plan, the Mayor of London (referred to in this section as “the Mayor”) shall, within the relevant period, submit to the authority proposals for the exercise (so far as relating to the designated area) by the Mayor, in pursuit of the achievement of air quality standards and objectives, of any powers exercisable by the Mayor.

(2) Where the Mayor submits proposals to a local authority in pursuance of subsection (1) above, he shall also submit a statement of the time or times by or within which he proposes to implement each of the proposals.

(3) An action plan shall include a statement of—

(a) any proposals submitted pursuant to subsection (1) above; and

(b) any time or times set out in the statement submitted pursuant to subsection (2) above.”

Marginal Citations

M404 1995 c. 25.

369 Consultation with the Mayor. U.K.

In paragraph 1 of Schedule 11 to the M405 Environment Act 1995 (duty of local authorities to consult certain persons in the exercise of their functions under Part IV of that Act), after sub-paragraph (2) there shall be inserted—

“(2A) A local authority specified in sub-paragraph (2B) below shall in carrying out the functions falling within sub-paragraph (1)(a) to (c) above also consult the Mayor of London.

(2B) The local authorities mentioned in sub-paragraph (2A) above are—

(a) any local authority in Greater London,

(b) any local authority whose area is contiguous to the area of Greater London.”

Marginal Citations

M405 1995 c. 25.

Noise U.K.

370 The London ambient noise strategy. E+W+S

(1) The Mayor shall prepare and publish a document to be known as the “London ambient noise strategy”.

(2) The London ambient noise strategy shall consist of—

(a) information about ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London,

(b) an assessment of the impact of the Mayor’s strategies specified in section 41(1) above on ambient noise levels in Greater London, and

(c) a summary of action taken, or proposed to be taken, by the Mayor for the purpose of promoting measures to reduce ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London.

(3) In this section—

• “ambient noise” means—

  (a)

  noise related to transport, including road traffic, rail traffic, aircraft and water transport; and

  (b)

  noise of such other descriptions as the Mayor may consider it appropriate to include in the matters dealt with by the London ambient noise strategy,

  but does not include noise falling within subsection (4) below; and

• “noise” includes vibration.

(4) Noise falls within this subsection if it is—

(a) noise emitted from works falling within section 60(1) of the M406 Control of Pollution Act 1974 (construction works etc. which may be controlled by a local authority);

(b) noise caused by the operation of a loud-speaker in a street, whether or not the operation would be a contravention of section 62(1) of the M407 Control of Pollution Act 1974 (loud-speaker not to be operated in the street during certain hours);

(c) noise at work which, under or by virtue of the M408 Health and Safety at Work etc. Act 1974, it is the duty of an employer to control; or

(d) noise emitted from premises or emitted from or caused by a vehicle, machinery or equipment in a street, except noise caused by aircraft other than model aircraft or noise made by traffic;

but noise does not fall within this subsection if it is noise from a fixed industrial source.

(5) Expressions used in paragraph (d) of subsection (4) above and in section 79 of the M409 Environmental Protection Act 1990 have the same meaning in that paragraph as they have in that section.

(6) In preparing or revising the London ambient noise strategy the Mayor shall consult the Environment Agency.

(7) Where the Mayor revises the London ambient noise strategy he shall publish it as revised.

(8) In this Act, references to the London ambient noise strategy include, except where the context otherwise requires, a reference to the London ambient noise strategy as revised.

Marginal Citations

M406 1974 c. 40.

M407 1974 c. 40.

M408 1974 c. 37.

M409 1990 c. 43.

371 Consultation about aviation noise. E+W+S

(1) A person who provides air navigation services shall consult the Mayor about the matters specified in subsection (2) below where it is reasonably practicable to do so.

(2) Those matters are—

(a) the proposed alteration by that person of any route used regularly by civil aircraft before arrival at, or after departure from, any aerodrome;

(b) the proposed addition by that person of any route to be so used;

(c) any substantial alteration proposed to be made by that person to procedures used for managing the arrival of civil aircraft at any aerodrome,

where the proposed alteration or addition will have a significant adverse effect on the noise caused by civil aircraft in Greater London.

(3) For the purposes of subsection (2) above the reference to a route used regularly by civil aircraft includes a reference to the altitude at which such aircraft regularly fly.

(4) In this section—

• “aerodrome” has the meaning given by subsection (1) of section 105 of the M410 Civil Aviation Act 1982;

• “air navigation services” shall be construed in accordance with that subsection;

• “noise” includes vibration.

Marginal Citations

M410 1982 c. 16.

372 Consultation at aerodromes. U.K.

(1) Section 35 of the M411 Civil Aviation Act 1982 (facilities to be provided by certain aerodromes for consultation with bodies representing local interests) shall be amended as follows.

(2) After subsection (2) (persons or bodies to be consulted) there shall be inserted—

“(3) The reference in subsection (2)(b) above to any local authority includes in relation to the area of Greater London a reference to the Mayor of London acting on behalf of the Greater London Authority.”.

Marginal Citations

M411 1982 c. 1.

Miscellaneous and supplementary E+W+S

373 Functional bodies to have regard to strategies under this Part. E+W+S

In exercising any function, each of the functional bodies shall have regard to the strategies prepared and published by the Mayor under this Part.

374 Abolition of the London Ecology Committee. E+W+S

The joint committee appointed pursuant to the provisions of Part VI of the M412 Local Government Act 1972 and known as “the London Ecology Committee” is abolished by this section.

Marginal Citations

M412 1972 c. 70.

Part X U.K. Culture, Media and Sport

Chapter I E+W+S Culture Strategy and tourism

375 The Cultural Strategy Group for London. E+W+S

(1) There shall be a body corporate to be known as the Cultural Strategy Group for London.

(2) The Cultural Strategy Group for London shall have—

(a) the function of providing advice to the Mayor on the contents and implementation of the culture strategy under section 376 below; and

(b) such other functions as may be conferred or imposed on, or made exercisable by, them by or under any other enactment, whenever passed or made.

(3) Schedule 30 to this Act shall have effect with respect to the Cultural Strategy Group for London.

Commencement Information

I78 S. 375 partly in force; s. 375 not in force at Royal Assent, see s. 425(2); s. 375(1)(3) in force (5.8.2000) by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

376 The Mayor’s culture strategy. E+W+S

(1) The Cultural Strategy Group for London shall formulate and submit to the Mayor a draft strategy containing proposed policies with respect to culture, media and sport in Greater London.

(2) As soon as reasonably practicable after the draft strategy has been submitted to the Mayor, the Mayor shall prepare and publish a document to be known as the “culture strategy”.

(3) The culture strategy published under subsection (2) above shall be the draft strategy submitted to the Mayor under subsection (1) above, with such modifications (if any) as the Mayor considers appropriate.

(4) The Cultural Strategy Group for London shall keep the culture strategy under review and may submit proposed revisions of it to the Mayor.

(5) The policies that may be contained in the culture strategy include policies with respect to each of the following matters—

(a) the arts, tourism and sport;

(b) ancient monuments and sites;

(c) buildings and other structures which are of historical or architectural interest or which otherwise form part of the heritage of Greater London;

(d) museums and galleries;

(e) library services;

(f) archives;

(g) treasure, and antiquities of a movable nature;

(h) broadcasting, film production and other media of communication.

(6) The Mayor may give the Cultural Strategy Group for London directions requiring the draft strategy to be formulated and submitted under subsection (1) above not later than such date as may be specified in the directions.

(7) The Cultural Strategy Group for London shall comply with any directions under subsection (6) above.

(8) Where the Mayor revises the culture strategy otherwise than in response to proposed revisions submitted by the Cultural Strategy Group for London under subsection (4) above, then, in the case of that revision—

(a) the bodies and persons required to be consulted under subsection (1) of section 42 above shall include the Cultural Strategy Group for London; and

(b) the reference in subsection (5) of that section to the Assembly and the functional bodies shall be taken to include a reference to the Cultural Strategy Group for London.

(9) In this Act, references to the culture strategy include, except where the context otherwise requires, a reference to the culture strategy as revised.

377 Assistance by the Mayor for museums, galleries etc. E+W+S

(1) The Authority may provide financial or other assistance for the purposes of any museum, gallery, library, archive or other cultural institution in Greater London.

(2) Any assistance under this section may be provided subject to conditions.

(3) The conditions that may be imposed under subsection (2) above include in particular—

(a) conditions with respect to the keeping, and production for inspection, of accounts and records; and

(b) conditions requiring the making of repayments in respect of financial assistance in whole or in part.

378 Duty of the Authority to promote tourism. E+W+S

(1) The functions of the Authority shall include the duty—

(a) to encourage people to visit Greater London;

(b) to encourage people from outside the United Kingdom to visit the United Kingdom by way of Greater London; and

(c) to encourage the provision and improvement of tourist amenities and facilities in Greater London.

(2) The Authority shall have power to do anything—

(a) for the purpose of discharging the functions conferred on it by this section; or

(b) which is incidental or conducive to the discharge of those functions.

(3) For the purpose of discharging the functions conferred on it by this section, the powers of the Authority shall (in particular) include power—

(a) to undertake publicity or other promotional activities in any form;

(b) to provide advisory and information services;

(c) to promote or undertake research;

(d) to enter into arrangements with any other person or organisation for or in connection with the carrying on by that person or organisation of any activity which the Authority has power to carry on under this section.

(4) The Authority shall have power by virtue of subsections (2) and (3) above to carry on any activities outside the United Kingdom for the purpose of encouraging people—

(a) to visit Greater London or any part of it, or

(b) to visit the United Kingdom by way of Greater London.

(5) In discharging its functions under subsections (1) to (4) above, the Authority shall have regard to the desirability of undertaking appropriate consultation and, in appropriate cases, co-operating with—

(a) the Secretary of State;

(b) any Tourist Board; or

(c) any other persons who, or organisations which, have knowledge of, or are interested in, matters affecting the discharge of those functions.

(6) The Authority shall have power to provide financial or other assistance—

(a) to persons or organisations discharging in relation to Greater London or any part of Greater London functions corresponding to those of the Authority under this section; or

(b) to any other person or organisation, for the purpose of discharging any of the Authority’s functions under subsections (1) to (4) above.

(7) Where the Authority provides assistance under subsection (6) above, it may do so subject to conditions.

(8) The conditions that may be imposed under subsection (7) above include in particular—

(a) conditions with respect to the keeping, and production for inspection, of accounts and records; and

(b) conditions requiring the making of repayments in respect of financial assistance in whole or in part.

(9) The Authority may charge for its services and receive contributions towards its expenses in carrying out any of its functions under this section.

(10) Nothing in this section authorises the Authority to borrow money otherwise than as provided by the other provisions of this Act.

(11) In this section “Tourist Board” means—

(a) the British Tourist Authority;

(b) the English Tourist Board;

(c) the Northern Ireland Tourist Board;

(d) the Scottish Tourist Board; or

(e) the Wales Tourist Board.

379 Authority’s duty to provide advice on tourism. E+W+S

It shall be the duty of the Authority to advise—

(a) any Minister of the Crown,

(b) the British Tourist Authority, or

(c) the English Tourist Board,

on such matters relating to tourism in Greater London as the Minister or, as the case may be, that Authority or Board may refer to it or as the Authority thinks fit.

380 Delegation of Authority’s functions. E+W+S

(1) Any function exercisable on behalf of the Authority by the Mayor under or by virtue of this Part shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.

(2) Those bodies and persons are—

(a) the Deputy Mayor;

(b) any member of staff of the Authority;

(c) the Cultural Strategy Group for London;

(d) the London Development Agency;

(e) the Common Council;

(f) any local authority.

(3) In the case of the Common Council or a local authority, an authorisation under this section—

(a) may only be granted or varied with its written consent; and

(b) shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.

(4) [F93 Subject to subsection (5A), where], by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.

(5) [F94 Subject to subsection (5A), subsection] (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by—

(a) a committee or sub-committee, or a member, officer or employee, of the body or person, or

(b) a joint committee on which the person or body is represented,

except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.

[F95 (5A) Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by a local authority which are operating executive arrangements—

(a) that duty shall be treated as a function of that local authority for the purposes of section 13 of the Local Government Act 2000; and

(b) if, or to the extent that, that duty is a function which is the responsibility of the executive of that authority,

(i) subsections (4) and (5) above shall not apply; and

(ii) sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.]

(6) Subsection (1) above does not apply—

(a) in relation to functions under this section; or

(b) in relation to any function of making byelaws under section 385(1) below.

(7) An authorisation under subsection (1) above which relates to—

(a) any function under section 376 above, or

(b) the exercise of any function under or by virtue of section 383(1) or 384(3) below to the extent that it involves a determination as to whether to permit a public demonstration to take place in Trafalgar Square or Parliament Square Garden,

may only be given to the Deputy Mayor or a member of staff of the Authority.

(8) An authorisation under subsection (1) above which relates to any function of enforcing any byelaws made under section 385(1) below may only be given—

(a) to the Deputy Mayor,

(b) to any member of staff of the Authority,

(c) to the Common Council,

(d) to any local authority.

(9) Each of the following bodies, namely—

(a) the Cultural Strategy Group for London,

(b) the London Development Agency,

(c) the Common Council,

(d) any local authority,

shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.

(10) Subsections (3) and (4) of section 101 of the M413 Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor—

(a) to a local authority,

(b) to the Cultural Strategy Group for London, or

(c) to the London Development Agency,

as they apply to arrangements under that section between one local authority and another.

(11) An authorisation under this section may be varied or revoked at any time by the Mayor.

(12) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.

(13) In this section—

[F96 “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;]

• “Trafalgar Square” has the same meaning as in the M414 Trafalgar Square Act 1844;

• “Parliament Square Garden” means the central garden of Parliament Square, within the meaning of section 384 below.

Textual Amendments

F93 Words in s. 380(4) substituted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(a)

F94 Words in s. 380(5) substituted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(b)

F95 S. 380(5A) inserted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(c)

F96 Definitions of “executive” and “executive arrangements” in s. 380(13) inserted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(d)

Marginal Citations

M413 1972 c. 70.

M414 1844 c. 60.

381 Grants to the Authority for its tourism functions. E+W+S

(1) The Secretary of State may pay to the Authority grants of such amounts in respect of expenditure incurred or to be incurred by the Authority in the exercise, or in any particular exercise, of any of the Authority’s tourism functions as he may with the consent of the Treasury determine.

(2) A grant under subsection (1) above may be made subject to such conditions as the Secretary of State may, with the consent of the Treasury, determine.

(3) The conditions that may be imposed by virtue of subsection (2) above include in particular—

(a) conditions with respect to the keeping, and production for inspection, of accounts and records;

(b) conditions relating to the level of performance to be achieved by the Authority in respect of any of its tourism functions and the consequences of failure to achieve that level; and

(c) conditions requiring repayment of the grant in whole or in part.

382 Interpretation of Chapter I. E+W+S

(1) In this Chapter—

• “tourism functions”, in relation to the Authority, means the Authority’s functions under section 378 above;

• “tourist amenities and facilities” means, in relation to any area, amenities and facilities that might be used—

  (a)

  by visitors to that area, or

  (b)

  by other people travelling within that area for the purposes of business or leisure.

(2) The functions conferred or imposed on the Authority under or by virtue of this Chapter shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(3) Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the Assembly.

Commencement Information

I79 S. 382 wholly in force at 3.7.2000; s. 382 not in force at Royal Assent, see s. 245(2); s. 382(2)(3) in force (8.5.2000) by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 382 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Chapter II U.K. Trafalgar Square and Parliament Square

383 Trafalgar Square. U.K.

(1) The functions of the Secretary of State under section 2 of the M415 Trafalgar Square Act 1844 (care, control, management and regulation of the Square and its ornaments etc) are transferred by this subsection to the Authority.

(2) In that section, the words from “by and out of such Monies” to “by Authority of Parliament” shall cease to have effect.

(3) The functions transferred to the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

Marginal Citations

M415 1844 c. 60.

384 Parliament Square. U.K.

(1) The land comprised in the site of the central garden of Parliament Square (which, at the passing of this Act, is vested in the Secretary of State for Culture, Media and Sport) is by this subsection transferred to and vested in Her Majesty as part of the hereditary possessions and revenues of Her Majesty.

(2) Nothing in subsection (1) above affects—

(a) any sewers, cables, mains, pipes or other apparatus under that site, or

(b) any interest which was, immediately before the passing of this Act, vested in London Regional Transport or any of its subsidiaries.

(3) The care, control, management and regulation of the central garden of Parliament Square shall be functions of the Authority.

(4) It shall be the duty of the Authority well and sufficiently to light, cleanse, water, pave, repair and keep in good order and condition the central garden of Parliament Square.

(5) The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.

(6) In consequence of the preceding provisions of this section, any functions of the Secretary of State under or by virtue of section 22 of the M416 Crown Lands Act 1851 (duties and powers of management in relation to the royal parks, gardens and possessions there mentioned), so far as relating to the whole or any part of the central garden of Parliament Square, shall determine.

(7) Subsections (3) and (4) above shall have effect notwithstanding any law, statute, custom or usage to the contrary.

(8) Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(9) In this section “the central garden of Parliament Square” means the site in Parliament Square on which the Minister of Works was authorised by the M417 Parliament Square (Improvement) Act 1949 to lay out the garden referred to in that Act as “the new central garden”.

Marginal Citations

M416 1851 c. 42.

M417 1949 c. lvi.

385 Byelaws. E+W+S

(1) The Authority may make [F97 and enforce] such byelaws to be observed by persons using Trafalgar Square or Parliament Square Garden as the Authority considers necessary for securing the proper management of those Squares and the preservation of order and the prevention of abuses there.

(2) Byelaws under this section may designate specified provisions of the byelaws as trading byelaws.

(3) A person who contravenes or fails to comply with any byelaw under this section shall be guilty of an offence and liable on summary conviction—

(a) if the byelaw is a trading byelaw, to a fine not exceeding level 3 on the standard scale, or

(b) in any other case, to a fine not exceeding level 1 on the standard scale.

(4) The provision that may be made in byelaws under this section includes provision for or in connection with—

(a) the licensing of any trading; and

(b) the seizure, retention or disposal of any property in connection with any contravention of or failure to comply with a trading byelaw.

(5) The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.

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

(7) In this section—

• “Trafalgar Square” has the same meaning as in the M418 Trafalgar Square Act 1844;

• “Parliament Square Garden” means the central garden of Parliament Square, within the meaning of section 384 above.

Textual Amendments

F97 Words in s. 385(1) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 7

Marginal Citations

M418 1844 c. 60.

386 Guidance. E+W+S

(1) The Secretary of State may issue guidance to the Mayor concerning the exercise of any function under or by virtue of section 383(1), 384(3) or (4) or 385(1) above by him or any body or person authorised to exercise the function under section 380 above.

(2) In deciding whether or how to exercise that function, the Mayor, or body or person, shall have regard to any guidance issued under subsection (1) above.

Part XI U.K. Miscellaneous and General Provisions

Application of enactments E+W+S

387 The Trustee Investments Act 1961. E+W+S

(1) The M419 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.

Commencement Information

I80 S. 387 wholly in force at 3.7.2000; s. 387 not in force at Royal Assent see s. 425(2); s. 387 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 387 in force at 3.7.2000 other than for the purposes of (3)(b), insofar as not already in force by S.I. 1999/3434, art. 4; s. 387 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M419 1961 c. 62.

388 The Local Authorities (Goods and Services) Act 1970. E+W+S

In section 1(4) of the M420 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 M421 Local Government Act 1985” there shall be inserted “ and the London Fire and Emergency Planning Authority, Transport for London and the London Development Agency ”.

Commencement Information

I81 S. 388 wholly in force at 3.7.2000; s. 388 not in force at Royal Assent see s. 425(2); s. 388 in force at 8.5.2000 for the purposes of para.(a) by S.I. 1999/3434, art. 3; s. 388 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

M420 1970 c. 39.

M421 1985 c. 51.

389 The Superannuation Act 1972. E+W+S

(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 M422 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 M423 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 M424 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 M425 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 M426 Superannuation Act 1972, in the entry in that Schedule relating to a development agency established under section 1 of the M427 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)) ”.

Marginal Citations

M422 1972 c. 11.

M423 1972 c. 11.

M424 1972 c. 11.

M425 1998 c. 45.

M426 1972 c. 11.

M427 1998 c. 45.

390 The Superannuation Act 1972: delegation of functions. E+W+S

(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 M428 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 M429 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 M430 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.

Marginal Citations

M428 1972 c. 11.

M429 1972 c. 11.

M430 1972 c. 11.

F98 391 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F98 S. 391 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

392 The Stock Transfer Act 1982. E+W+S

(1) In Schedule 1 to the M431 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), ”.

Commencement Information

I82 S. 392 wholly in force at 3.7.2000; s. 392 not in force at Royal Assent see s. 425(2); s. 392 in force at 8.5.2000 for the purposes of (3)(a) by S.I. 1999/3434, art. 3; s. 392 in force at 3.7.2000 for the purposes of (3)(b) by S.I. 1999/3434, art. 4; s. 392 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M431 1982 c. 41.

Companies E+W+S

393 Companies in which local authorities have interests. E+W+S

(1) In Part V of the M432 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;”.

Commencement Information

I83 S. 393 wholly in force at 3.7.2000; s. 393 not in force at Royal Assent see s. 425(2); s. 393 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 393 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

M432 1989 c. 42.

Investigation of functional bodies U.K.

394 Investigation by the Commission for Local Administration. U.K.

(1) Section 25(1) of the M433 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 M434 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 M435 Regional Development Agencies Act 1998) there shall be added “ (other than the London Development Agency) ”.

Marginal Citations

M433 1974 c. 7.

M434 1967 c. 13.

M435 1998 c. 45.

Information etc. U.K.

395 Provision of information, advice and assistance by functional bodies. E+W+S

(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.

Commencement Information

I84 S.395 wholly in force at 3.7.2000: s.395 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2); s. 395 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

396 Research and collection of information: London Research Centre etc. U.K.

(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 M436 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”.”

Commencement Information

I85 S.396 wholly in force at 8.5.2000; s.396 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2); s. 396(10)-(12) in force (1.4.2000) by S.I. 2000/801, art. 2(2)(a), Sch. Pt. 1; s. 396 in force (8.5.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Marginal Citations

M436 1985 c. 51.

397 Information schemes. E+W+S

(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. E+W+S

(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. E+W+S

(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 E+W+S

400 Overseas assistance. E+W+S

(1) Section 1 of the M437 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, ”.

Marginal Citations

M437 1993 c. 25.

Accommodation E+W+S

401 Accommodation for Authority and functional bodies. E+W+S

(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.

Commencement Information

I86 S. 401 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that this Act comes into force at Royal Assent in regard to any power of a Minister of the Crown to make regulations or an order; s. 401 in force at 12.1.2000 by S.I. 1999/3434, art. 2

The London Pensions Fund Authority E+W+S

402 Finance. E+W+S

(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 M438 Levying Bodies (General) Regulations 1992)—

  (a)

  made under section 74(2) of the M439 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 M440 Local Government Finance Act 1988 (at the passing of this Act, the power conferred by article 4 of the M441 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 M442 Superannuation Act 1972.

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

Marginal Citations

M438 S.I. 1992/2903.

M439 1988 c. 41.

M440 1988 c. 41.

M441 S.I. 1989/1815.

M442 1972 c. 11.

403 Membership, reports and information. E+W+S

(1) The functions conferred or imposed on the Secretary of State under or by virtue of the provisions of Schedule 1 to the M443 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 M444 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 M445 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 M446 Local Government Act 1985 as they have effect by virtue of subsections (1) and (2)(b) or (c) above).

Marginal Citations

M443 S.I. 1989/1815.

M444 1985 c. 51.

M445 1985 c. 51.

M446 1985 c. 51.

Discrimination E+W+S

404 Discrimination. E+W+S

(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.

Part XII E+W+S Supplementary Provisions

Consequential and transitional provision etc. E+W+S

405 Power to amend Acts and subordinate legislation. E+W+S

(1) Any Minister of the Crown may by order make such amendments, repeals or revocations as appear to him to be appropriate in consequence of this Act, or of any regulations or orders under this Act,—

(a) in any enactment contained in an Act passed before the relevant day or in the Session in which that day falls; or

(b) in any subordinate legislation (including subordinate legislation made under or by virtue of this Act) made before the relevant day or in the Session in which that day falls.

(2) Any power of a Minister of the Crown by order or regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes—

(a) to apply with or without modifications,

(b) to extend, exclude or amend, or

(c) to repeal or revoke with or without savings,

any such enactment, or any instrument made under any such enactment, as is mentioned in subsection (1) above or any charter, whenever granted.

(3) The amendment by this Act of any provision is without prejudice to the exercise in relation to that provision of the powers conferred by this section.

(4) For the purposes of this section “the relevant day” means the earliest day on which—

(a) the Authority and the functional bodies are all in being, and

(b) London Regional Transport and the Receiver for the Metropolitan Police District have ceased to exist,

and any reference to an Act passed before that day includes a reference to this Act.

Commencement Information

I87 S. 405: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order

406 Transitional and consequential provision. E+W+S

(1) A Minister of the Crown may by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient—

(a) for the general purposes, or any particular purposes, of this Act;

(b) in consequence of, or otherwise in connection with, any provision made by or under this Act;

(c) for giving full effect to this Act; or

(d) in consequence of such of the provisions of any other Act passed—

(i) before the relevant day, within the meaning of section 405 above, or

(ii) in the Session in which that day falls,

as apply to any area, or any body or person, affected by this Act.

(2) The provision that may be made by an order under this section includes provision—

(a) for requiring or enabling any body or person by whom any powers will, on a date specified by or under this Act, become exercisable by virtue of any provision made by or under this Act to take before that date any steps which are necessary or expedient as a preliminary to the exercise of those powers;

(b) for the making, before any date specified by or under this Act, of arrangements for securing the satisfactory operation on or after that date of any provision made by or under this Act and for defraying the cost of any such arrangements;

(c) for authorising or requiring the exercise by or in relation to any body or person before a date specified by or under this Act, and whether with or without modifications, of any functions under or by virtue of this Act which will become exercisable on or after that date by or in relation to other bodies or persons, and for defraying any costs incurred in connection with any such exercise;

(d) for requiring any body or person by whom any powers are exercisable before a date specified by or under this Act to refrain from exercising those powers on or after that date or to refrain from exercising them as respects a period beginning on or after that date.

Commencement Information

I88 S. 406: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order

407 Appointments by the Secretary of State. E+W+S

(1) Any functions under or by virtue of this Act which will become exercisable by a person or body other than the Secretary of State may, before they become so exercisable, be exercised by the Secretary of State for the purpose of appointing such persons as he considers necessary to secure that any provision made by or under this Act operates satisfactorily when it comes into force.

(2) The Secretary of State may defray any costs which are incurred in the exercise of the functions mentioned in subsection (1) above.

(3) In exercising the functions mentioned in subsection (1) above, the Secretary of State may appoint a person on such terms and conditions (including conditions as to remuneration) as the Secretary of State thinks fit.

(4) Any such terms and conditions may include provision to the effect that the person concerned—

(a) is, or is not, to be or become a member of a particular pension scheme, or

(b) is, or is not, to be treated as employed in the civil service of the State.

Transfers E+W+S

408 Transfers of property, rights or liabilities. E+W+S

(1) A Minister of the Crown may by order make provision for or in connection with the transfer to any body or person falling within subsection (2) below of such property, rights or liabilities of a body or person falling within subsection (3) below as he may consider appropriate.

(2) The bodies and persons falling within this subsection are—

(a) the Authority;

(b) any functional body;

(c) any subsidiary of Transport for London;

(d) London Regional Transport or any subsidiary of London Regional Transport;

(e) any local authority or the Common Council;

(f) any police authority established under section 3 of the M447 Police Act 1996;

(g) the London Transport Users’ Committee;

(h) any Minister of the Crown or government department;

(i) any body or person, or the holder of any office, established by or under this Act and not falling within the preceding paragraphs of this subsection.

(3) The bodies and persons falling within this subsection are—

(a) any Minister of the Crown or government department;

(b) any London borough council or the Common Council;

(c) London Regional Transport or any subsidiary of London Regional Transport;

(d) any company all the shares in which are held by a Minister of the Crown;

(e) the Receiver for the Metropolitan Police District;

(f) the Commissioner of Police of the Metropolis;

(g) the Development Commission;

(h) the Urban Regeneration Agency;

(i) the Commission for the New Towns;

(j) any body or person, or the holder of any office, for whose abolition or dissolution provision is made by or under this Act and which does not fall within the preceding paragraphs of this subsection.

(4) The power conferred by subsection (1) above is exercisable—

(a) for the general purposes, or any particular purposes, of this Act;

(b) in consequence of, or otherwise in connection with, any provision made by or under this Act;

(c) for giving full effect to this Act; or

(d) in consequence of such of the provisions of any other Act passed—

(i) before the relevant day, within the meaning of section 405 above, or

(ii) in the Session in which that day falls,

as apply to any area, or any body or person, affected by this Act.

(5) The power conferred by subsection (1) above is also exercisable in relation to a transfer of property, rights or liabilities to the London Development Agency for any purpose for which such a transfer may be made by a scheme under the M448 Regional Development Agencies Act 1998.

(6) To the extent that an order under subsection (1) above makes provision for or in connection with the transfer of property, rights or liabilities to the London Development Agency from—

(a) the Urban Regeneration Agency, or

(b) the Commission for the New Towns,

section 38 of the M449 Regional Development Agencies Act 1998 (relief from Corporation Tax) shall apply in relation to the order as if it were a transfer scheme within the meaning of that section.

(7) An order under subsection (1) above may make provision for or in connection with—

(a) the grant or creation of an estate or interest in, or right over, any land or other property,

(b) the grant or creation of any other rights, or

(c) the imposition of liabilities,

in favour of, or on, any body or person falling within subsection (2) above or any body or person falling within subsection (3) above.

(8) An order under subsection (1) above may make provision for transfers to take effect at such time of day as may be specified in the order.

Commencement Information

I89 S. 408: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order

Marginal Citations

M447 1996 c. 16.

M448 1998 c. 45.

M449 1998 c. 45.

409 Transfer schemes. E+W+S

(1) A Minister of the Crown may make schemes for the transfer from the Crown to one or more bodies or persons falling within subsection (2) of section 408 above of such property, rights or liabilities as he may consider appropriate.

(2) A Minister of the Crown may by directions require a body or person falling within subsection (3) of section 408 above to make one or more schemes for the transfer to a body or person falling within subsection (2) of that section of such property, rights or liabilities as he may consider appropriate.

(3) The powers conferred by subsection (1) or (2) above are exercisable—

(a) for the general purposes, or any particular purposes, of this Act;

(b) in consequence of, or otherwise in connection with, any provision made by or under this Act;

(c) for giving full effect to this Act; or

(d) in consequence of such of the provisions of any other Act passed—

(i) before the relevant day, within the meaning of section 405 above, or

(ii) in the Session in which that day falls,

as apply to any area, or any body or person, affected by this Act.

(4) The powers conferred by subsection (1) or (2) above are also exercisable in relation to a transfer of property, rights or liabilities to the London Development Agency for any purpose for which such a transfer may be made by a scheme under the M450 Regional Development Agencies Act 1998.

(5) To the extent that a scheme under subsection (1) or (2) above makes provision for or in connection with the transfer of property, rights or liabilities to the London Development Agency from—

(a) the Urban Regeneration Agency, or

(b) the Commission for the New Towns,

section 38 of the M451 Regional Development Agencies Act 1998 (relief from Corporation Tax) shall apply in relation to the scheme as if it were a transfer scheme within the meaning of that section.

(6) A scheme under subsection (1) or (2) above may make any provision that may be made by order under subsection (1) of section 408 above.

(7) A scheme under subsection (1) or (2) above may make any provision that may be made by order under subsection (1) of section 411 below.

(8) Accordingly, the bodies or persons in relation to which provision may be made by virtue of subsection (7) above are not restricted to those falling within subsection (2) or (3) of section 408 above.

(9) Schedule 31 to this Act (which makes provision in relation to schemes under this section) shall have effect.

Marginal Citations

M450 1998 c. 45.

M451 1998 c. 45.

410 Contracts of employment etc. E+W+S

(1) The provision that may be made by transfer instrument includes provision for or in connection with the transfer of—

(a) rights and liabilities under contracts of employment; or

(b) members of police forces and other persons in relation to whom paragraph (a) above does not apply.

(2) Subsections (3) to (5) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.

(3) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.

(4) For the purposes of Part XI of the M452 Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.

(5) For the purposes of that Act, the employee’s period of employment with the transferor shall count as a period of employment with the transferee, and the change of employment shall not break the continuity of the period of employment.

(6) In this section—

(a) any reference to anything made or done by or in relation to the transferor includes a reference to anything which is treated by virtue of any enactment as having been made or done by or in relation to the transferor; and

(b) any reference to an employee’s period of employment with the transferor shall be construed accordingly.

(7) In the application of this section to a person employed in the civil service of the State—

(a) any reference to employment includes a reference to employment in that service;

(b) any reference to a contract of employment includes a reference to the terms of that employment; and

(c) any reference to dismissal includes a reference to the termination of that employment.

(8) Where a transfer instrument makes provision for or in connection with a transfer falling within subsection (1)(b) above, the provision that may be made includes provision for or in connection with applying subsections (3) to (7) above (with or without modifications) in relation to or otherwise in connection with the transfer.

(9) In this section “transfer instrument” means—

(a) an order under section 408 above; or

(b) a scheme under section 409 above.

Commencement Information

I90 S. 410 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that this Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 410 in force at 12.1.2000 by S.I. 1999/3434, art. 2

Marginal Citations

M452 1996 c. 18.

411 Pensions. E+W+S

(1) A Minister of the Crown may by order make provision with respect to the provision of pensions for or in respect of persons who are or have been employees of, or of subsidiaries of,—

(a) any of the bodies or persons falling within subsection (2) of section 408 above;

(b) any of the bodies or persons falling within subsection (3) of that section; or

(c) any body or person whose undertaking, or part of whose undertaking, has been transferred by or under any enactment to a body or person falling within paragraph (b) above.

(2) The provision that may be made by virtue of subsection (1) above includes provision for or in connection with—

(a) the establishment of pension schemes or pension funds;

(b) the administration or management of pension schemes or pension funds;

(c) enabling persons to participate, or continue to participate, in any pension scheme and requiring their employers to make contributions under that scheme;

(d) the rates, or the variation of the rates, of contributions to be made under any pension scheme, whether by employees or employers;

(e) the re-arrangement, amalgamation, simplification or assimilation of pension schemes.

(3) An order under subsection (1) above may make provision for or in connection with—

(a) the alteration or winding up of any pension scheme or pension fund, whether in whole or in part;

(b) the variation of any trust;

(c) the transfer of the whole or any part of any pension fund or of any rights, obligations or liabilities under a pension scheme;

(d) the persons by whom any function under or relating to the scheme is to be exercisable;

(e) establishing a body to administer or assist in administering a pension scheme;

(f) enabling all or any of the participants in a pension scheme to become instead participants in another pension scheme;

(g) empowering the persons responsible for administering a pension scheme to carry out arrangements for the participation in the scheme of a person who has been an employee of, or of a subsidiary of, a body or person falling within paragraph (b) or (c) of subsection (1) above;

(h) the amendment of a pension scheme;

(i) the manner in which questions arising under the order are to be determined.

(4) An order under subsection (1) above may amend—

(a) the trust deed of any pension scheme;

(b) the rules of any such scheme; or

(c) any other instrument relating to the constitution, management or operation of any such scheme;

and any reference in this section to the amendment of a pension scheme includes a reference to the amendment of any such trust deed, rules or other instrument.

(5) An order under subsection (1) above may make provision for or in connection with cases where a person who, having pension rights to which such an order relates, becomes—

(a) the Mayor or an Assembly member;

(b) a member of a body or person falling within subsection (2) of section 408 above; or

(c) a director of a subsidiary of such a body or person.

(6) The provision that may be made by virtue of subsection (5) above includes, in particular, provision for or in connection with—

(a) treating a person’s service as such a member or director as service in the employment of, or of a subsidiary of, such a body or person; or

(b) treating two or more periods of service as continuous.

(7) An order under this section may be made so as to have effect from a date prior to the making of the order.

(8) An order under this section may only be made after consultation with the trustees or managers, or the administrators, of any pension fund or pension scheme to which the order relates.

(9) An order under subsection (1) above which makes provision by virtue of subsection (3)(f) above in relation to persons who are or have been employees of the Metropolitan Police Authority shall only be made—

(a) after consultation with the Metropolitan Police Authority, and

(b) with the consent of the Minister for the Civil Service.

(10) Schedule 32 to this Act (which makes provision in relation to schemes for the provision of pensions or other benefits for or in respect of employees etc of London Regional Transport and its subsidiaries) shall have effect.

(11) In this section—

• “instrument” includes an enactment or any subordinate legislation;

• “pension” means a pension of any kind payable to or in respect of a person and includes—

  (a)

  a lump sum, allowance or gratuity so payable; and

  (b)

  a return of contributions, with or without interest or other addition;

• “pension rights” includes—

  (a)

  all forms of right to or eligibility for the present or future payment of a pension to or in respect of a person; and

  (b)

  a right of allocation in respect of the present or future payment of a pension;

• “pension scheme” means an occupational pension scheme, as defined in section 1 of the M453 Pension Schemes Act 1993.

Commencement Information

I91 S. 411: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order

Marginal Citations

M453 1993 c. 48.

412 Transfer and pension instruments: common provisions. E+W+S

(1) The property, rights and liabilities which may be transferred by a transfer or pension instrument include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred or assigned; and

(b) rights and liabilities under enactments.

(2) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property shall operate or become exercisable as a result of any transfer of land or other property by virtue of a transfer or pension instrument (whether or not any consent required to the transfer has been obtained).

(3) No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document, shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a transfer or pension instrument.

(4) For purposes connected with any transfers made by virtue of a transfer or pension instrument (including the transfer of rights and liabilities under an enactment) a body or person to which anything is transferred by virtue of the instrument is to be treated as the same person in law as the body or person from which it is transferred, except as otherwise provided in the instrument.

(5) Subsection (4) above is without prejudice to section 300 above, section 415 below or any other provision made by or under this Act which makes transitional provision in relation to a transfer.

(6) Subsections (2) to (5) above shall have effect in relation to—

(a) the grant or creation of an estate or interest in, or right over, any land or other property, or

(b) the doing of any other thing in relation to land or other property,

as they have effect in relation to a transfer of land or other property.

(7) A transfer or pension instrument may define the property, rights and liabilities to be transferred by it—

(a) by specifying or describing them;

(b) by referring to all (or all but so much as may be excepted) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor; or

(c) partly in the one way and partly in the other.

(8) A transfer or pension instrument may make provision for the apportionment or division of any property, rights or liabilities.

(9) Where a transfer or pension instrument makes provision for the apportionment or division between two or more persons of any rights or liabilities under a contract, the contract shall have effect, as from the coming into force of the provision, as if it constituted two or more separate contracts separately enforceable by and against each of those persons respectively as respects the part of the rights or liabilities which falls to him as a result of the apportionment or division.

(10) The provision that may be made by a transfer or pension instrument includes provision for—

(a) any transfer of land or other property by virtue of the instrument,

(b) the grant or creation of any estate or interest in, or right over, any land or other property by virtue of the instrument, or

(c) the doing of any other thing in relation to land or other property by virtue of the instrument,

to be on such terms, including financial terms, as the body or person making the instrument thinks fit.

(11) A transfer or pension instrument, other than an order under section 411 above, may provide—

(a) that disputes as to the effect of the instrument between the transferor and any transferee are to be referred to such arbitration as may be specified in or determined under the instrument;

(b) that determinations on such arbitrations and certificates given jointly by the transferor and any transferee as to the effect of the instrument as between them are to be conclusive for all purposes.

(12) A Minister of the Crown may by order confer on any body or person to whom property, rights or liabilities are transferred by a transfer or pension instrument any statutory functions which were previously exercisable in relation to that property or, as the case may be, those rights or liabilities—

(a) by a body or person falling within subsection (3) of section 408 above; or

(b) in the case of a transfer under or by virtue of section 411 above, the transferor under the instrument.

(13) It shall be the duty—

(a) of each of the bodies and persons falling within subsection (2) or (3) of section 408 above, and

(b) of the trustees or managers, or administrators, of any pension scheme,

to provide any Minister of the Crown with such information or assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any powers exercisable by him in relation to transfer or pension instruments.

(14) Where any person is entitled, in consequence of any transfer made by virtue of a transfer or pension instrument, to possession of a document relating in part to the title to, or to the management of, any land or other property in England and Wales—

(a) the instrument may contain provision for treating that person as having given another person an acknowledgment in writing of the right of that other person to the production of the document and to delivery of copies thereof; and

(b) section 64 of the M454 Law of Property Act 1925 (production and safe custody of documents) shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.

(15) In this section—

• “relevant document” means—

  (a)

  any enactment, other than an enactment contained in this Act;

  (b)

  any subordinate legislation made otherwise than under this Act; or

  (c)

  any deed or other instrument;

• “transfer or pension instrument” means—

  (a)

  an order under section 408 or 411 above; or

  (b)

  a scheme under section 409 above.

Commencement Information

I92 S. 412 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that the Act comes into force at Royal Assent in regards to any power of an Minister of the Crown to make regulations or an order; s. 412 in force at 12.1.2000 by S.I. 1999/3434, art. 2

Marginal Citations

M454 1925 c. 20.

413 Modification of transfer or pension instruments. E+W+S

(1) If, at any time after a transfer or pension instrument has come into force, a Minister of the Crown considers it appropriate to do so, he may by order provide that the instrument shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.

(2) An order under subsection (1) above may make such provision as could have been made by the transfer or pension instrument.

(3) An order under subsection (1) above may only be made after the requisite consultation.

(4) If, at any time after a scheme under section 409 above has come into force, a Minister of the Crown considers it appropriate to do so, he may by directions require a body or person falling within subsection (2) of section 408 above to prepare modifications to the scheme of such a description as may be specified in the directions.

(5) Where a body or person is required to prepare any modifications under subsection (4) above, the body or person shall submit the modifications to the Minister for his approval before such date as he may direct.

(6) Where any modifications are submitted under subsection (5) above, the Minister may approve them with or without amendment.

(7) Approval under subsection (5) above shall only be given after the requisite consultation.

(8) An approval under subsection (5) above shall take effect on such date as the Minister may specify in giving the approval.

(9) Where any modifications are made and approved under the preceding provisions of this section, whether with or without amendment, the scheme shall for all purposes be deemed to have come into force with those modifications, subject to any such amendment.

(10) For the purposes of this section, “the requisite consultation”—

(a) if or to the extent that the transfer or pension instrument concerned makes provision by virtue of the pension powers of this Part, is consultation with the trustees or managers, or the administrators, of any pension scheme affected; and

(b) if or to the extent that the transfer or pension instrument concerned makes provision otherwise than by virtue of the pension powers of this Part, is consultation with any body which, or person who, the Minister considers may be affected.

(11) In this section—

• “approval” means approval in writing;

• “the pension powers of this Part” means—

  (a)

  in the case of a scheme, section 409(7) above; and

  (b)

  in the case of an order, section 411 above;

• “transfer or pension instrument” has the same meaning as in section 412 above.

Commencement Information

I93 S. 413: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order

414 Foreign property, rights or liabilities: perfection of vesting. E+W+S

(1) This section applies in any case where a transfer or pension instrument provides for the transfer of any foreign property, rights or liabilities.

(2) It shall be the duty of the transferor and the transferee to take, as and when the transferee considers appropriate, all such steps as may be requisite to secure that the vesting in the transferee by virtue of the transfer or pension instrument of any foreign property, right or liability is effective under the relevant foreign law.

(3) Until the vesting in the transferee, by virtue of the transfer or pension instrument, of any foreign property, right or liability is effective under the relevant foreign law, it shall be the duty of the transferor to hold that property or right for the benefit of, or to discharge that liability on behalf of, the transferee.

(4) Nothing in subsections (2) and (3) above shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting in the transferee by virtue of a transfer or pension instrument of any foreign property, right or liability.

(5) The transferor shall have all such powers as may be requisite for the performance of his duty under this section, but it shall be the duty of the transferee to act on behalf of the transferor (so far as possible) in performing the duty imposed on the transferor by this section.

(6) References in this section to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(7) Duties imposed on the transferor or the transferee by this section shall be enforceable in the same way as if the duties were imposed by a contract between the transferor and the transferee.

(8) Any expenses incurred by the transferor under this section shall be met by the transferee.

(9) In this section “transfer or pension instrument” has the same meaning as in section 412 above.

Continuity E+W+S

415 Continuity. E+W+S

(1) None of the following, that is to say—

(a) the abolition or dissolution by or under this Act of any body or office,

(b) the transfer, repeal or revocation by or under this Act of any functions, or

(c) the transfer by or under this Act of any property, rights or liabilities,

shall affect the validity of anything done before the abolition, dissolution, transfer, repeal or revocation takes effect.

(2) Subsections (3) to (5) below apply where any functions, property, rights or liabilities are transferred by or under this Act from a body or person (“the transferor”) to another body or person (“the transferee”).

(3) There may be continued by or in relation to the transferee anything (including legal proceedings) which—

(a) relates to any of the functions, property, rights or liabilities transferred, and

(b) is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.

(4) Anything which—

(a) was made or done by or in relation to the transferor for the purposes of or otherwise in connection with any of the functions, property, rights or liabilities transferred, and

(b) is in effect immediately before the transfer takes effect,

shall have effect as if made or done by or in relation to the transferee.

(5) The transferee shall be substituted for the transferor in any instruments, contracts or legal proceedings which—

(a) relate to any of the functions, property, rights or liabilities transferred, and

(b) are made or commenced before the transfer takes effect.

(6) Any reference in this section to anything made or done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to the transferor.

(7) Any question under this section as to—

(a) whether any particular functions, property, rights or liabilities are transferred by or under this Act, or

(b) the body to which, or person to whom, any particular functions, property, rights or liabilities are so transferred,

may be determined by a direction given by the Secretary of State.

(8) Subsections (1) to (7) above are without prejudice to any provision made by or under this Act in relation to any particular functions.

(9) Subsections (3) to (5) above do not apply in relation to the transfer of functions, property, rights and liabilities to the extent that the provision by which, or the order or instrument under which, the transfer is made provides otherwise.

(10) Nothing in this section shall be construed—

(a) as continuing in force any contract of employment; or

(b) as transferring any rights or liabilities relating to pensions.

Modifications etc. (not altering text)

C55 S. 415 excluded (13.3.2000) by S.I. 2000/412, art. 5

C56 S. 415(3)-(5) applied (with modifications) (3.7.2000) by S.I. 2000/1552, art. 6

416 Repeal and re-enactment: supplementary provisions. E+W+S

(1) Where—

(a) provision is made by or under this Act for the repeal and re-enactment (with or without modifications) of any provision of the M455 London Regional Transport Act 1984, and

(b) the provision as re-enacted (“the new provision”) comes into force before the repeal of the provision of the M456 London Regional Transport Act 1984 (“the old provision”),

subsection (2) below shall apply.

(2) Where this subsection applies, the provision that may be made by the Secretary of State under or by virtue of any power to make transitional provision by order under any provision of this Part includes power to make provision—

(a) for any reference to the old provision in any relevant document to be construed as, or as including, a reference to the new provision, or

(b) for anything made or done, or having effect as if made or done, under or by virtue of the old provision, to have effect, to the extent that it could have been made or done under or by virtue of the new provision, as if made or done under or by virtue of the new provision,

notwithstanding that the repeal of the old provision has not come into force.

(3) In subsection (2) above “relevant document” means—

(a) any enactment;

(b) any instrument made under an enactment;

(c) any deed or other instrument;

(d) any agreement;

(e) any document not falling within the other paragraphs of this subsection.

(4) An order under subsection (2) above may make provision—

(a) in relation to all provisions falling within subsection (1)(b) above or such of those provisions as may be specified or described in the order; and

(b) generally or in relation to such cases or circumstances, or such relevant documents or descriptions of relevant documents, as may be so specified or described.

(5) Subsections (6) to (8) below have effect in relation to any agreement made by London Regional Transport under or by virtue of paragraph (a) of section 3(2A) of the M457 London Regional Transport Act 1984 (whether or not the agreement is a transport subsidiary’s agreement or has effect as if made under or by virtue of section 156(3) of this Act by Transport for London).

(6) In the case of any such agreement—

(a) no provision of the agreement shall operate or cease to have effect, and

(b) no rights under the agreement shall operate or become exercisable,

by reason only that a statutory duty exercisable by any body or person (“the predecessor”) becomes exercisable instead by another body or person (“the transferee”) in consequence of any provision made by or under this Act for the repeal and re-enactment (with or without modifications) of the provision imposing the statutory duty.

(7) Accordingly, any such agreement shall continue in force and have effect as if the predecessor and the transferee were in law the same person and as if there had been no change in the body or person by whom the statutory duty is exercisable.

(8) In any such agreement, or any agreement made in connection with such an agreement, any reference to London Regional Transport’s duties under the M458 London Regional Transport Act 1984 shall be taken as including a reference to the corresponding duties of Transport for London or the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) under this Act.

(9) This section is without prejudice to—

(a) any power conferred by any other provision of this Act; and

(b) sections 15 to 17 of the M459 Interpretation Act 1978.

Commencement Information

I94 S. 416 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 416 in force at 12.1.2000 by S.I. 1999/3434, art. 2

Marginal Citations

M455 1984 c. 32.

M456 1984 c. 32.

M457 1984 c. 32.

M458 1984 c. 32.

M459 1978 c. 30.

Taxation provisions E+W+S

417 Stamp duty and stamp duty reserve tax. E+W+S

(1) Neither stamp duty nor stamp duty reserve tax shall be chargeable on, or in respect of,—

(a) a transfer instrument;

(b) an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as made in pursuance of a transfer instrument; or

(c) an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as giving effect to a preparatory reorganisation, to the extent that the instrument or agreement is so certified.

(2) No instrument or agreement which is certified as mentioned in paragraph (b) or (c) of subsection (1) above shall be taken to be duly stamped unless—

(a) it is stamped with the duty to which it would, but for that subsection, be liable; or

(b) it has, in accordance with section 12 of the M460 Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.

(3) Section 12 of the M461 Finance Act 1895 shall not operate to require—

(a) the delivery to the Inland Revenue of a copy of this Act, or

(b) the payment of stamp duty under that section on any copy of this Act,

and shall not apply in relation to any instrument on which, by virtue of subsection (1) above, stamp duty is not chargeable.

(4) In subsection (1) above, “transfer instrument” means—

(a) an order under section 408 or 411 above; or

(b) a scheme under section 409 above.

(5) In subsection (1) above “preparatory reorganisation” means the transfer of property, rights and liabilities—

(a) from London Regional Transport to any of its subsidiaries,

(b) from a subsidiary of London Regional Transport to London Regional Transport,

(c) from a subsidiary of London Regional Transport to another such subsidiary, or

(d) from a Minister of the Crown to London Regional Transport or any of its subsidiaries,

preparatory to any provision made or to be made by or under this Act.

Marginal Citations

M460 1891 c. 39.

M461 1895 c. 16.

418 Stamp duty: instruments under London Regional Transport Act 1984. E+W+S

(1) Section 64 of the M462 London Regional Transport Act 1984 (stamp duty) shall be amended as follows.

(2) In subsection (7)(a) (which, among other things, provides an exemption in relation to transfers in pursuance of a scheme made under section 9(6) in compliance with a direction of the Secretary of State under section 10)—

(a) after “or to a transfer made in pursuance of” there shall be inserted “ , or otherwise in connection with, ”;

(b) after “section 9(6) of this Act” there shall be inserted “ (i) ”; and

(c) after “under section 10 of this Act; or” there shall be inserted—

“(ii) in preparation for, or in pursuance of, a PPP agreement, within the meaning of Chapter VII of Part IV of the Greater London Authority Act 1999, or a contract falling within paragraph 6(2) of Schedule 33 to that Act; or”.

(3) After subsection (7) there shall be inserted—

“(7A) Any reference in subsection (7)(a) above to a transfer includes—

(a) a reference to an agreement for a lease or underlease; and

(b) a reference to the grant of a lease or underlease.”

Marginal Citations

M462 1984 c. 32.

419 Taxation. E+W+S

(1) The following bodies, namely—

(a) Transport for London,

(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 the enactments mentioned in subsection (2) below.

(2) The enactments are—

(a) section 519 of the M463 Income and Corporation Taxes Act 1988 (exemption of local authorities from income and corporation taxes); and

(b) section 271 of the M464 Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).

(3) In sections 170 to 181 of the M465 Taxation of Chargeable Gains Act 1992 (groups of companies) references to a company do not apply to Transport for London.

(4) Schedule 33 to this Act (which makes further provision about taxation) shall have effect.

Marginal Citations

M463 1988 c. 1.

M464 1992 c. 12.

M465 1992 c. 12.

Miscellaneous and supplemental E+W+S

420 Regulations and orders. E+W+S

(1) Except to the extent that this Act makes provision to the contrary, any power conferred by this Act to make regulations or an order includes power—

(a) to make different provision for different cases; and

(b) to make incidental, consequential, supplemental or transitional provision and savings.

(2) Any power conferred on a Minister of the Crown by this Act to make regulations or an order shall be exercisable by statutory instrument.

(3) A statutory instrument containing (whether alone or with other provisions) an order under—

[F99 (za) section 17A(3) above,]

(a) section 21(1)(b) above,

(b) section 31 above,

(c) section 326(1) above, or

(d) section 405(1) above,

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) Subsection (3) above shall not have effect in relation to a statutory instrument containing an order under section 326(1) or 405(1) above making—

(a) amendments or repeals in an enactment contained in a local and personal or private Act,

(b) amendments or revocations in subordinate legislation which was not subject to affirmative parliamentary procedure, or

(c) provision of any description by virtue of section 405(2) or subsection (1) above in connection with any such amendments, repeals or revocations,

if it would not have effect in relation to that instrument apart from those amendments, repeals or revocations or that provision.

(5) A statutory instrument containing regulations under—

(a) paragraph 16(2) of Schedule 23 to this Act, or

(b) paragraph 4 or 22(2) of Schedule 24 to this Act,

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.

(6) A statutory instrument—

(a) which contains (whether alone or with other provisions)—

(i) regulations under any provision of this Act specified in subsection (7) below, or

(ii) an order under any provision of this Act specified in subsection (8) below, and

(b) which is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The provisions mentioned in subsection (6)(a)(i) above are—

any provision contained in Chapters I to IV or VI of Part III of this Act;

• [F100 section 189;]

• any provision of Part VIII of this Act;

• section 396(2);

• paragraph 10 of Schedule 17;

• Schedule 23, other than provisions specified in subsection (5) above;

• Schedule 24, other than provisions specified in subsection (5) above.

(8) The provisions mentioned in subsection (6)(a)(ii) above are—

section 3(1) or (4);

• section 25;

• section 63;

• section 157;

• section 158(4);

• section 163;

• section 207;

• section 235(4);

[F101 section 242(10);]

• section 326(1);

• section 395(3);

• section 405;

• section 406;

• section 408;

• section 411;

• section 412;

• section 413;

• paragraph 7(3) of Schedule 12;

• paragraph 9(1)(b) of Schedule 17;

• paragraph 1 of Schedule 28.

(9) For the purposes of this section, the subordinate legislation which is “subject to affirmative parliamentary procedure” is any subordinate legislation contained in an instrument which was subject—

(a) to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, or

(b) to a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons,

or which was not subject to such a requirement by reason only that it re-enacted subordinate legislation (with or without modification).

Textual Amendments

F99 S. 420(3)(za) inserted (9.3.2000) by 2000 c. 2, s. 14(3)

F100 Words in s. 420(7) inserted (E.W.) (1.2.2001 (E.) for specified purposes and for other purposes (E.) (1.4.2002) and otherwise prosp.) by 2000 c. 38, ss. 267(8), 275(1); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II); S.I. 2002/658, art. 2, Sch. Pt. 2

F101 Words in s. 420(8) inserted (1.4.2001) by 2000 c. 38, s. 161, Sch. 11 para. 23; S.I. 2000/3229, 2(3), Sch. Pt. III (with transitional provisions in art. 3)

421 Directions. E+W+S

(1) Any direction given under this Act shall be in writing.

(2) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.

422 Financial provisions. E+W+S

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown or government department under or by virtue of this Act; and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

423 Repeals. E+W+S

The enactments mentioned in Schedule 34 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Commencement Information

I95 S. 423 partly in force; s. 423 not in force at Royal Assent see s. 425(2); s. 423 in force for certain purposes at 12.1.2000 by S.I. 1999/3434, art. 2; s. 423 in force for further certain purposes at 3.7.2000 by S.I. 1999/3434, art. 4, Sch. 2 Table 2; s. 423 in force for further certain purposes at 3.7.2000 by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3; s. 423 in force for further certain purposes (3.7.2000) by S.I. 2000/1648, art. 2, Sch.; s. 423 in force for further certain purposes (1.1.2001) by S.I. 2000/3379, art. 2(b) (subject to saving in art. 3)

I96 S. 423 in force at 15.7.2003 for specified purposes by S.I. 2003/1920, art. 2(f)

424 Interpretation. E+W+S

(1) In this Act, unless the context otherwise requires,—

• “advisory committee” and “advisory sub-committee”, in relation to the Assembly, shall be construed in accordance with section 55(4) and (5) above;

• “the Assembly” means the London Assembly;

• “Assembly member” means a member of the Assembly;

• “the Authority” means the Greater London Authority;

• “certify” means certify in writing; and related expressions shall be construed accordingly;

• “the Common Council” means the Common Council of the City of London;

• “company” means any body corporate;

• “constituency member” shall be construed in accordance with section 2(2)(a) above;

• “financial year” means a period of twelve months ending with 31st March;

• “the Fire etc Authority” has the meaning given by section 328(2);

• “functional body” means—

  (a)

  Transport for London;

  (b)

  the London Development Agency;

  (c)

  the Metropolitan Police Authority; or

  (d)

  the London Fire and Emergency Planning Authority;

• “GLA road” has the same meaning as in the M466 Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);

• “GLA side road” has the same meaning as in the M467 Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act);

• “guidance” means guidance in writing;

• “local authority” has the same meaning as in the M468 Local Government Act 1972;

• “London member” shall be construed in accordance with section 2(2)(b) above;

• “Mayor” means Mayor of London;

• “member of staff”, in relation to the Authority, means a person appointed under section 67(1) or (2) above;

• “Minister of the M469 Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “national policies” means any policies of Her Majesty’s government which are available in a written form and which—

  (a)

  have been laid or announced before, or otherwise presented to, either House of Parliament; or

  (b)

  have been published by a Minister of the Crown;

• “notice” means notice in writing;

• “notify” means notify in writing;

• “ordinary committee” and “ordinary sub-committee”, in relation to the Assembly, shall be construed in accordance with section 55(1) above;

• “ordinary election” shall be construed in accordance with section 2(7) above;

• “principal council” has the same meaning as in the M470 Local Government Act 1972;

• “principal purposes”, in relation to the Authority, shall be construed in accordance with section 30(2) above;

• “proper officer” shall be construed in accordance with subsection (2) below;

• “standing orders”, in relation to the Authority, shall be construed in accordance with subsection (3) below;

• “statutory functions” means functions conferred or imposed by or under any enactment;

• “subordinate legislation” has the same meaning as in the M471 Interpretation Act 1978 (see section 21(1) of that Act);

• “subsidiary” has the meaning given to it by section 736 of the M472 Companies Act 1985;

• “transport subsidiary’s agreement” has the meaning given by section 169 above.

(2) In this Act, and in any enactment applied by this Act, any reference to a proper officer and any reference which by virtue of this Act is to be construed as such a reference, shall in relation to the Authority or a functional body and any purpose or area be construed as a reference to an officer appointed by the Authority or body for that purpose or area.

(3) In this Act, or any other enactment which has effect in relation to the Authority, any reference to standing orders shall, in its application in relation to the Authority, have effect as a reference to standing orders of the Authority made under and in accordance with section 36 above.

(4) Any power conferred by this Act to affect enactments by subordinate legislation is exercisable notwithstanding that those enactments consist of or include—

(a) provisions contained in Part III above;

(b) provisions relating to the subject matter of that Part; or

(c) provisions creating or otherwise relating to offences.

(5) In subsection (4) above “affect”, in relation to any enactment, includes make—

(a) incidental, consequential, transitional, supplemental or supplementary provision or savings; or

(b) amendments, modifications or adaptations.

Commencement Information

I97 S. 424 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 424 in force for certain purposes at 14.12.1999 by S.I. 1999/3376, art. 2; s. 424 in force at 12.1.2000 insofar as not already in force by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 2)

Marginal Citations

M466 1980 c. 66.

M467 1984 c. 27.

M468 1972 c. 70.

M469 1975 c. 26.

M470 1972 c. 70.

M471 1978 c. 30.

M472 1985 c. 6.

425 Short title, commencement and extent. E+W+S

(1) This Act may be cited as the Greater London Authority Act 1999.

(2) Apart from this section, section 420 above and any power of a Minister of the Crown to make regulations or an order (which accordingly come into force on the day on which this Act is passed) the provisions of this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

F102 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.

(5) Any such order may include such adaptations of—

(a) the provisions which it brings into force, or

(b) any other provisions of this Act then in force,

as appear to the Secretary of State to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.

(6) Subsections (4) and (5) above are without prejudice to section 420 above.

(7) Subject to subsection (8) below, this Act does not extend to Northern Ireland.

(8) Any amendment or repeal made by this Act shall have the same extent as the enactment to which it relates.

Subordinate Legislation Made

P1 S. 425 power partly exercised (8.12.1999): different dates appointed for specified provisions by S.I. 1999/3271, arts. 2-4

S. 425 power partly exercised (21.12.1999): different dates appointed for specified provisions by S.I. 1999/3434, arts. 2-4

P2 S. 425(2) power partly exercised (13.12.1999): 14.12.1999 appointed for specified provisions by S.I. 1999/3376, art. 2

S. 425(2) power partly exercised (20.3.2000): different dates appointed for specified provisions by S.I. 2000/801, art. 2 (as amended by S.I. 2000/1648, art. 3)

S. 425(2) power partly exercised (14.4.2000): different dates appointed for specified provisions by S.I. 2000/1094, arts. 3, 4

S. 425(2) power partly exercised (16.4.2000): "the operative date" (as defined in S.I. 2000/1095, art. 1) appointed for specified provisions and 3.7.2000 appointed for specified provisions by S.I. 2000/1095, art. 4

S. 425(2) power partly exercised (21.6.2000): 3.7.2000 appointed for specified provisions by S.I. 2000/1648, art. 2

S. 425(2) power partly exercised (28.11.2000): 22.1.2001 appointed for specified provisions by S.I. 2000/3145, art. 2

S. 425(2) power partly exercised (22.11.2000): 1.1.2001 appointed for specified provisions by S.I. 2000/3379, art. 2 (subject to saving in art. 3)

S. 425(2) power partly exercised (5.11.2001): 7.11.2001 appointed for specified provisions by S.I. 2001/3603, art. 2

Textual Amendments

F102 S. 425(3) repealed (10.7.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 114(6), Sch. 8