Greater London Authority Act 1999

Section 309.

SCHEDULE 25 Further amendments of the Regional Development Agencies Act 1998

Preliminary

1 The [1998 c. 45.] Regional Development Agencies Act 1998 shall be amended as follows.

Powers of the London Development Agency

2 In section 5 (powers of the regional development agencies) after subsection (3) there shall be inserted—

“(4) Subsection (2) has effect in relation to the London Development Agency as if the reference to the Secretary of State were for the purposes of paragraph (c) a reference to the Mayor of London.”

Regional chambers

3 In section 8 (regional consultation by the regional development agencies) after subsection (3) there shall be inserted—

“(4) This section does not apply in relation to the London Development Agency.”

Financial arrangements

4 In section 9 (general financial duties of the regional development agencies) after subsection (4) there shall be inserted—

“(5) This section does not have effect in relation to the London Development Agency.”

Grants

5 (1) Section 10 (government grants to the regional development agencies) shall be amended as follows.

(2) At the beginning there shall be inserted “(1)”.

(3) In the subsection (1) so formed, after “agency” there shall be inserted “other than the London Development Agency”.

(4) After the subsection (1) so formed there shall be inserted—

“(2) The Secretary of State may, with the approval of the Treasury, make to the Greater London Authority grants of such amounts, and on such terms, as he thinks fit.

(3) Any grant made under subsection (2) shall be made for the purposes of the London Development Agency.”

Borrowing by the Agency

6 (1) Section 11 (borrowing by the regional development agencies) shall be amended as follows.

(2) In subsection (6)(a) (collective borrowing limit), for “£200 million” there shall be substituted “£177.77 million”.

(3) After subsection (7) there shall be inserted—

“(8) This section does not apply in relation to the London Development Agency.”

Guarantees of the Agency’s borrowing

7 In section 12 (government guarantees of borrowing by regional development agencies) after subsection (4) there shall be inserted—

“(5) This section does not apply in relation to the London Development Agency.”

Loans to the Agency

8 In section 13 (government loans to the regional development agencies) after subsection (5) there shall be inserted—

“(6) This section does not have effect in relation to the London Development Agency.”

Accounts

9 In section 14 (accounts and records of the regional development agencies) after subsection (6) there shall be inserted—

“(7) This section does not have effect in relation to the London Development Agency.”

Information, reports and accountability

10 In section 16 (provision of information by regional development agencies) after “agency” there shall be inserted “other than the London Development Agency”.

Annual reports

11 In section 17 (annual reports of regional development agencies), subsection (4) (meaning of “accounting period”) shall be renumbered as subsection (8) and after subsection (3) there shall be inserted—

“(4) Subsections (1) and (2) have effect in relation to the London Development Agency as if the references to the Secretary of State were references to the Mayor of London.

(5) Subsection (3) does not apply to the London Development Agency.

(6) The London Development Agency shall send a copy of a report under this section to the London Assembly.

(7) The Mayor of London shall arrange for publication of any report sent to him under this section.”

Accountability

12 In section 18 (regional accountability of regional development agencies) after subsection (4) there shall be inserted—

“(5) Subsections (2) to (4) have effect in relation to the London Development Agency as if references to the Secretary of State were references to the Mayor of London.”

Acquisition of land

13 In section 20 (acquisition of land by the regional development agencies) after subsection (3) there shall be inserted—

“(3A) The London Development Agency shall not by virtue of subsection (1) or (3) submit to the Secretary of State a compulsory purchase order authorising the acquisition of any land in accordance with section 2(2) of the [1981 c. 67] Acquisition of Land Act 1981 unless the Mayor of London has given his consent.”

Power to alter regions

14 In section 25 (power to alter the regions of the regional development agencies) after subsection (7) there shall be inserted—

“(7A) No order may be made under this section altering the extent of the London region.”

Change of the Agency name

15 (1) Section 26 (change of name of regional development agencies) shall be amended as follows.

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

“(2A) The London Development Agency shall not change the name by which it is to be known without the consent of the Mayor of London.”

(3) After subsection (3), there shall be inserted—

“(3A) Subsection (3) has effect in relation to the London Development Agency as if the references to the Secretary of State were references to the Mayor of London.”

Power to promote or oppose Bills in Parliament

16 After section 26 there shall be inserted—

“26A Power to promote or oppose Bills in Parliament

(1) The London Development Agency—

(a) may promote Bills in Parliament; and

(b) may oppose any Bill in Parliament.

(2) Subsection (1)(a) applies only if the Mayor of London—

(a) gives his 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 Mayor of London does not confirm the consent as required by subsection (2)(b), he shall give notice of that fact to the London Development Agency, which shall take all necessary steps for the withdrawal of the Bill.

(4) If the Mayor of London, in giving notice under subsection (3), states that he confirms his consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, the London Development Agency may, instead of withdrawing the Bill pursuant to subsection (3), 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), the functions conferred on the London Development Agency by subsection (1)(a) are exercisable subject to, and in accordance with, the provisions of Schedule 6A.

(6) Subsection (1)(b) applies only if the Mayor of London gives his written consent to the London Development Agency to oppose the Bill.

(7) If—

(a) the London Development Agency deposits a petition against a Bill in Parliament, but

(b) the consent required by subsection (6) has not been given before the end of the period of 30 days following the day on which the petition is deposited,

the London Development Agency shall take all necessary steps for the withdrawal of the petition.

(8) Before exercising the functions conferred by subsection (2)(a) or (b), (4) or (6), the Mayor of London shall consult the London Assembly.

(9) This section is without prejudice to any power to promote or oppose Bills in Parliament which a regional development agency other than the London Development Agency may have apart from this section.”

Power to give guidance and directions

17 In section 27 (power to give guidance and directions to the regional development agencies) after subsection (1) there shall be inserted—

“(1A) Subsection (1) has effect in relation to the London Development Agency as if the reference to the Secretary of State were a reference to the Mayor of London.”

Application of guidance, consent etc provisions to the Mayor

18 After section 30 there shall be inserted—

“30A Application of guidance, consent etc. provisions to the Mayor of London

Sections 28 to 30 have effect in relation to the Mayor of London as they have effect in relation to the Secretary of State.”

Interpretation

19 In section 41 (general interpretation) before the definition of “Minister of the Crown” there shall be inserted—

““the London Development Agency” means the regional development agency established for the London region;”.

Amendments of Schedule 2

20 (1) Schedule 2 (constitution of the regional development agencies) shall be amended as follows.

(2) In paragraph 1 (membership) after sub-paragraph (3) there shall be inserted—

“(4) Sub-paragraphs (2) and (3) have effect in relation to the London Development Agency as if the references to the Secretary of State were references to the Mayor of London.

(5) Where the Mayor of London makes an appointment under section 2(1) by virtue of section 2(7), he shall not make it a term of appointment of the person so appointed that he is to be required to resign his office if he ceases to be an elected member of the London Assembly, a London borough council or the Common Council of the City of London.”

(3) In paragraph 2 (chairman and deputy chairman) at the beginning there shall be inserted “(1)”.

(4) After the sub-paragraph (1) so formed, there shall be inserted—

“(2) Sub-paragraph (1) has effect in relation to the London Development Agency as if the reference to the Secretary of State were a reference to the Mayor of London.

(3) Where the Mayor of London designates a person under section 2(4) by virtue of section 2(7), he shall not make it a term of appointment of the person so designated that he is to be required to resign his office if he ceases to be an elected member of the London Assembly, a London borough council or the Common Council of the City of London.”

(5) After paragraph 3 (remuneration, pensions etc) there shall be inserted—

“Application of paragraph 3 in relation to the London Development Agency

3A (1) Payments by way of remuneration or allowances, other than allowances in respect of expenses incurred in the exercise of their functions, shall not be made under paragraph 3(1) to members of the London Development Agency who are also members of the London Assembly.

(2) The payments that may be made to or in respect of a person—

(a) under paragraph 3(2)(a) or (b), or

(b) under a scheme provided or maintained under paragraph 3(2)(c),

do not include payments referable to periods when the person is or was a member of both the London Development Agency and the London Assembly.

(3) In the application of paragraph 3 in relation to the London Development Agency, the references to the Secretary of State shall be taken as references to the Mayor of London.”

(6) In paragraph 4 (staff) after sub-paragraph (4) there shall be inserted—

“(5) This paragraph has effect in relation to the London Development Agency as if the references to the Secretary of State were references to the Mayor of London.”

(7) In paragraph 5(1) (section 1 of the [1972 c. 11.] Superannuation Act 1972 to apply to employees of regional development agencies) at the end there shall be added “other than the London Development Agency (for whose employees corresponding provision is made by section 389(1) of the Greater London Authority Act 1999)”.

Promotion of Bills in Parliament by the London Development Agency

21 After Schedule 6 there shall be inserted—

“Schedule 6A Promotion of Bills in Parliament by the London Development Agency

Preliminary requirements

1 No Bill may be deposited in Parliament by virtue of section 26A(1)(a) until the requirements of paragraph 2 have been complied with.

Consultation on draft Bill

2 (1) The London Development Agency shall—

(a) prepare a draft of the proposed Bill (“the draft Bill”);

(b) send copies of the draft Bill to the bodies and persons specified in sub-paragraph (2); and

(c) consult those bodies and persons about the draft Bill.

(2) Those bodies and persons are—

(a) the Mayor of London;

(b) the London Assembly;

(c) every London borough council; and

(d) the Common Council.

(3) Where the London Development Agency sends copies of the draft Bill to those bodies and persons pursuant to sub-paragraph (1)(b), it shall also give those bodies and persons notice of the time within which, and the place at which, they may make representations about the draft Bill.

Publicity for, and exposure of, the draft Bill

3 (1) Throughout the consultation period, the London Development Agency shall take such steps as in its opinion will give adequate publicity to the draft Bill.

(2) A copy of the draft Bill shall be kept available by the London Development Agency for inspection by any person on request free of charge—

(a) at the principal offices of the London Development Agency, and

(b) at such other places as the London Development Agency considers appropriate,

at reasonable hours throughout the consultation period.

(3) A copy of the draft Bill, or of any part of the draft Bill, shall be supplied to any person on request during the consultation period for such reasonable fee as the London Development Agency may determine.

(4) In this paragraph “the consultation period” means the period which—

(a) begins with the first day after the requirements of paragraph 2(1)(b) have been complied with; and

(b) ends with the time notified pursuant to paragraph 2(3).

Deposition of the Bill in Parliament

4 (1) If, after the requirements of paragraph 2 have been complied with, a Bill is deposited in Parliament by virtue of section 26A(1)(a), that Bill must be in the form of the draft Bill, either as originally prepared or as modified to take account of—

(a) representations made pursuant to paragraph 2;

(b) other representations made within the consultation period; or

(c) other material considerations.

(2) In this paragraph “the consultation period” has the same meaning as in paragraph 3.

Bills affecting statutory functions of London local authorities

5 If a Bill proposed to be deposited in Parliament by virtue of section 26A(1)(a) contains provisions affecting the exercise of statutory functions by a London local authority, the Bill shall not be deposited in Parliament unless—

(a) in a case where the exercise of statutory functions of one London local authority is affected, that authority has given its written consent to the Bill in the form in which it is to be so deposited; or

(b) in a case where the exercise of statutory functions of two or more London local authorities is affected, at least 90 per cent. of all London local authorities have given their written consent to the Bill in that form.

(2) In this paragraph “London local authority” means—

(a) a London borough council; or

(b) the Common Council.

Publicity for the deposited Bill

6 (1) This paragraph applies where a Bill (“the deposited Bill”) is deposited in Parliament by virtue of section 26A(1)(a).

(2) During the period of 14 days following the day on which the deposited Bill is deposited in Parliament, the London Development Agency shall take such steps as in its opinion will give adequate publicity to the Bill.

(3) A copy of the deposited Bill shall be kept available by the London Development Agency for inspection by any person on request free of charge—

(a) at the principal offices of the London Development Agency, and

(b) at such other places as the London Development Agency considers appropriate,

at reasonable hours throughout the period while the Bill is in Parliament.

(4) A copy of the deposited Bill, or of any part of the deposited Bill, shall be supplied to any person on request during that period for such reasonable fee as the London Development Agency may determine.”