Greater London Authority Act 1999

[F1 [F2 Functions in relation to land E+W

Textual Amendments

F1 Pt. 7A inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(4), 59(5)

F2 Ss. 333ZA-333ZJ and cross-headings inserted (15.1.2012 for the insertion of ss. 333ZA-333ZD and the heading immediately preceding s. 333ZA, 1.4.2012 so far as not already in force) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

333ZA Compulsory acquisition of land E+W

(1) The Authority may acquire land in Greater London compulsorily for the purposes of housing or regeneration.

(2) The Authority may exercise the power in subsection (1) only if the Secretary of State authorises it to do so.

(3) The power in subsection (1) includes power to acquire new rights over land.

(4) Subsection (5) applies where—

(a) land forming part of a common, open space or allotment is being acquired under subsection (1), or

(b) new rights are being acquired under subsection (1) over land forming part of a common, open space or allotment.

(5) The power under subsection (1) includes power to acquire land compulsorily for giving in exchange for that land or those new rights.

(6) Part 1 of Schedule 2 to the Housing and Regeneration Act 2008 (compulsory acquisition of land by the Homes and Communities Agency) applies in relation to the acquisition of land under subsection (1) as it applies in relation to the acquisition of land under section 9 of that Act.

(7) In that Part of that Schedule as applied by subsection (6)—

(a) references to section 9 of that Act are to be read as references to subsection (1),

(b) references to the Homes and Communities Agency are to be read as references to the Authority, and

(c) references to Part 1 of that Act are to be read as references to this Part.

(8) The provisions of Part 1 of the Compulsory Purchase Act 1965 (other than section 31) apply, so far as applicable, to the acquisition by the Authority of land by agreement for the purposes of housing or regeneration.

(9) In this section—

• “allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• “common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981;

• “open space” means any land which is—

  (a)

  laid out as a public garden,

  (b)

  used for the purposes of public recreation, or

  (c)

  a disused burial ground.

333ZB Powers in relation to land held for housing or regeneration purposes E+W

(1) Schedule 3 to the Housing and Regeneration Act 2008 (powers in relation to land of the Homes and Communities Agency) applies in relation to the Authority and land held by it for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and its land.

(2) In that Schedule as applied by subsection (1)—

(a) references to the Homes and Communities Agency are to be read as references to the Authority, and

(b) references to the Homes and Communities Agency's land are to the Authority's land held by it for the purposes of housing or regeneration.

(3) Schedule 4 to that Act (powers in relation to, and for, statutory undertakers) applies in relation to the Authority and land held by it for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and its land.

(4) In that Schedule as applied by subsection (3)—

(a) references to the Homes and Communities Agency are to be read as references to the Authority,

(b) references to the Homes and Communities Agency's land are to the Authority's land held by it for the purposes of housing or regeneration,

(c) references to Part 1 of that Act are to be read as references to this Part, and

(d) references to the functions of the Homes and Communities Agency under Part 1 of that Act are to be read as references to the functions of the Authority relating to housing or regeneration.

333ZC Disposal etc of land held for housing and regeneration purposes E+W

(1) The Authority may not dispose of land held by it for the purposes of housing or regeneration for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.

(2) Consent under subsection (1)—

(a) may be general or specific;

(b) may be given unconditionally or subject to conditions.

(3) Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—

(a) the grant of a term of not more than 7 years, or

(b) the assignment of a term which, at the date of assignment, has not more than 7 years to run.

(4) A disposal of land by the Authority is not invalid merely because any consent required by subsection (1) has not been given.

(5) A person dealing with—

(a) the Authority, or

(b) a person claiming under the Authority,

in relation to any land need not be concerned as to whether any consent required by subsection (1) has been given.

333ZD Power to enter and survey land E+W

(1) Sections 17 and 18 of the Housing and Regeneration Act 2008 (power to enter and survey land) apply in relation to the Authority and land in Greater London as they apply in relation to the Homes and Communities Agency and land outside Greater London.

(2) In those sections as applied by subsection (1)—

(a) references to the Homes and Communities Agency are to be read as references to the Authority,

(b) references to land are to land in Greater London, and

(c) the reference to a proposal for the Homes and Communities Agency to acquire land is a reference to a proposal for the Authority to acquire land for the purposes of housing or regeneration.]

333A The London housing strategy E+W

(1) The Mayor shall prepare and (subject to section 333B(1) below) publish a document to be known as the “London housing strategy”.

(2) The London housing strategy shall contain—

(a) the Mayor's assessment of housing conditions in Greater London and of the needs of Greater London with respect to the provision of further housing accommodation;

(b) any proposals or policies of the Mayor to promote the improvement of those conditions and the meeting of those needs;

(c) a statement of the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of improving those conditions and meeting those needs;

(d) a statement of the Mayor's spending recommendations for the relevant period.

(3) The Mayor's spending recommendations for any period are—

(a) a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be made available to the [F3 Homes and Communities Agency ];

(b) recommendations to the [F4 Homes and Communities Agency ] as to how it should exercise its functions of [F5 giving housing financial assistance ] (see subsection (4) below), so far as relating to Greater London F6 ...;

(c) a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be granted to each local housing authority in Greater London.

(4) Recommendations under subsection (3)(b) above may include—

(a) recommendations as to the amount of [F7 housing financial assistance ] which should be [F8 given] for the different activities or purposes in respect of which [F7 housing financial assistance ] may be [F9 given];

(b) recommendations as to the number, type and location of houses which should be provided by means of [F10 housing financial assistance ].

(5) The London housing strategy shall contain a statement of the Mayor's expectations as to how local housing authorities will use any money granted to them as mentioned in subsection (3)(c) above.

(6) The London housing strategy shall also contain such other matters relating to housing in Greater London as the Secretary of State may direct.

(7) In preparing or revising the London housing strategy the Mayor shall have regard to—

(a) the effect of his proposals and policies on any region which adjoins Greater London;

(b) any guidance given to him by the Secretary of State regarding the preparation or revision of the strategy.

(8) In preparing or revising the London housing strategy the Mayor shall consult—

(a) the [F11 Homes and Communities Agency ];

[F12 (ab) the Regulator of Social Housing;]

(b) such bodies as appear to him to be representative of [F13 private registered providers of social housing].

(9) Where the Mayor revises the London housing strategy, he shall (subject to section 333B(1) below) publish it as revised.

(10) In this section—

• “housing accommodation” and “house” are to be construed in accordance with section 56 of the Housing Act 1985;

• [F14 “housing financial assistance” means financial assistance given under section 19 of the Housing and Regeneration Act 2008 in connection with the provision of housing accommodation;]

• “local housing authority” has the same meaning as in section 1 of the Housing Act 1985;

• [F15 “provide”, in relation to houses or housing accommodation, includes—

  (a)

  provide by way of acquisition, construction, conversion, improvement or repair; and

  (b)

  provide indirectly;]

• “region” has the same meaning as in section 1 of the Regional Development Agencies Act 1998;

• F16 ...

• “the relevant period” means such period as is specified by the Secretary of State in guidance under subsection (7)(b) above;

F17 ...

(11) In this Act, references to the London housing strategy include, except where the context otherwise requires, a reference to the London housing strategy as revised.

Textual Amendments

F3 Words in s. 333A(3)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(2)(a); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F4 Words in s. 333A(3)(b) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(2)(b)(i); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F5 Words in s. 333A(3)(b) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(2)(b)(ii); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F6 Words in s. 333A(3)(b) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(2)(b)(iii), Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3), 5, Sch. (with arts. 6-13)

F7 Words in s. 333A(4)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(3)(a)(i); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F8 Word in s. 333A(4)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(3)(a)(ii); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F9 Word in s. 333A(4)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(3)(a)(iii); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F10 Words in s. 333A(4)(b) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(3)(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F11 Words in s. 333A(8)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(4); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F12 S. 333A(8)(ab) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 116(2)(a) (with art. 6, Sch. 3)

F13 Words in s. 333A(8)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 116(2)(b) (with art. 6, Sch. 3)

F14 Words in s. 333A(10) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(5)(a); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F15 Words in s. 333A(10) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(5)(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F16 Words in s. 333A(10) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 116(3), Sch. 4 (with art. 6, Sch. 3)

F17 Words in s. 333A(10) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 73(5)(c), Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3), 5, Sch. (with arts. 6-13)

Modifications etc. (not altering text)

C1 S. 333A(8) modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 6 (with art. 6)

C2 S. 333A(10) modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 6 (with art. 6)

333B Submission of draft strategy to Secretary of State before publication E+W

(1) The Mayor shall not publish the London housing strategy under section 333A(1) or (9) above until—

(a) he has submitted to the Secretary of State a draft of the strategy he intends to publish together with a statement of that intention, and

(b) the condition in subsection (2) is met.

(2) The condition is that—

(a) the consideration period has expired without the Secretary of State giving a direction under subsection (4) below, or

(b) the Secretary of State has given such a direction and the Mayor has complied with it.

(3) If the Secretary of State considers that—

(a) the draft strategy is inconsistent with current national policies relating to housing, or

(b) the implementation of the draft strategy would be detrimental to the interests of a region (within the meaning of section 333A above) which adjoins Greater London,

subsection (4) below applies.

(4) If, in any such case, the Secretary of State considers it expedient to do so for the purpose of—

(a) removing the inconsistency mentioned in subsection (3)(a) above, or

(b) avoiding the detriment mentioned in subsection (3)(b) above,

he may direct the Mayor to make such modifications to the draft as are specified in the direction.

(5) If the Secretary of State gives a direction under this section, the Mayor must make the modifications specified in the direction.

(6) The Secretary of State must consult the Mayor before giving him a direction under this section.

(7) The consideration period is—

(a) the period of 6 weeks beginning with the date notified to the Mayor by the Secretary of State as the date on which he received the draft strategy and statement of intention to publish it, or

(b) such longer period beginning with that date as the Secretary of State may specify in any particular case.

333C Reviews of the strategy E+W

(1) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction,—

(a) review the London housing strategy or such part of it as may be specified in the direction, and

(b) make such revisions of the strategy or that part as he considers necessary in consequence of the review.

(2) The Secretary of State must consult the Mayor before giving him a direction under this section.

(3) Subsection (1) does not affect section 41(2) above.

333D Duties of [F18 Homes and Communities Agency ] and local authorities E+W

(1) In exercising any function [F19 relating to Greater London and conferred by or under Part 1 of the Housing and Regeneration Act 2008 (other than any function conferred by virtue of section 13 or 14 of that Act), the Homes and Communities Agency ] shall have regard to the London housing strategy.

(2) Any local housing strategy prepared by a local housing authority in Greater London must be in general conformity with the London housing strategy.

(3) In subsection (2)—

• “local housing strategy” means—

  (a)

  any strategy required to be produced under section 87 of the Local Government Act 2003;

  (b)

  any other statement of the local housing authority's policies or proposals relating to housing;

• “local housing authority” has the same meaning as in section 333A above.]

Textual Amendments

F18 Words in s. 333D heading substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 74(a); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F19 Words in s. 333D(1) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 74(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

Modifications etc. (not altering text)

C3 S. 333D(1) modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 6(3) (with art. 6)