Part XII Supplementary Provisions

Miscellaneous and supplemental

420 Regulations and orders.

(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 F1any of the following provisions—

F2(za)

section 17A(3) above,

(a)

section 21(1)(b) above,

(b)

section 31 above,

(c)

section 326(1) above,

F3(ca)

section 401A(7),

F4(cc)

section 356B(1) above,

(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;

  • F5section 189;

  • F6section 243(7);

  • any provision of Part VIII of this Act;

  • section 396(2);

  • F7paragraph 4(1A) of Schedule 16;

  • 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;

  • F8section 34A;

  • F9section 60A(5);

  • section 63;

  • section 157;

  • section 158(4);

  • section 163;

  • section 207;

  • section 235(4);

  • F10...

  • F11section 252E;

  • section 326(1);

  • F12section 361B(10);

  • F13section 376(11);

  • F14section 377A(5);

  • section 395(3);

  • F15section 401A(1)(f);

  • section 405;

  • section 406;

  • section 408;

  • section 411;

  • section 412;

  • section 413;

  • F9 paragraph 8(2) of Schedule 4A;

  • 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).

421 Directions.

(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.

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.

The enactments mentioned in Schedule 34 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

424 Interpretation.

(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 F16 (but see also section 85(3A) above) ;

“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;

F17“Deputy Health Adviser” is to be read in accordance with sections 309C and 309D 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)

F18a Mayoral development corporation;

(c)

the London Development Agency;

(d)

F19the Mayor's Office for Policing and Crime; or

(e)

the London Fire and Emergency Planning Authority;

F20“general health determinants” has the meaning given in section 309F above;

“GLA road” has the same meaning as in the M1Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);

“GLA side road” has the same meaning as in the M2Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act);

“guidance” means guidance in writing;

F17“Health Adviser” is to be read in accordance with sections 309A and 309B above;

F20“health inequalities between persons living in Greater London” is to be read in accordance with section 309F above;

“local authority” has the same meaning as in the M3Local Government Act 1972;

“London member” shall be construed in accordance with section 2(2)(b) above;

“Mayor” means Mayor of London F21 (but see also section 85(3A) above) ;

“member of staff”, in relation to the Authority, means a person appointed under section 67(1) or (2)F22, 72(1), 73(1) or 127A(1) above;

“Minister of the M4Crown” 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 M5Local 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 M6Interpretation Act 1978 (see section 21(1) of that Act);

“subsidiary” has the meaning given F23by section 1159 of the Companies Act 2006;

“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.

425 Short title, commencement and extent.

(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.

F24(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.