Part IIU.K. General Functions and Procedure

The general and subsidiary powers of the AuthorityE+W+S

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 [F1by—

(a)Transport for London;

(b)the Mayor's Office for Policing and Crime; or

(c)the London Fire and Emergency Planning Authority.]

[F2(1A)In determining whether to exercise the power conferred by section 30(1) above, the Authority must seek to secure that it does not incur expenditure in doing anything which is being done by a Mayoral development corporation.]

(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)[F3any 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)[F4Any 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.]

[F5(4A)The reference in subsection (3) above to providing any education services does not include sponsoring Academies or facilitating their sponsorship.]

(5)Any reference in subsection (3) above to the provision of social services is a reference to the exercise of [F6any 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

F1Words in s. 31(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 45(2)

F3S. 31(3)(a) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 186(2), 240(2), Sch. 25 Pt. 31; S.I. 2012/57, art. 4(1)(u) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

F4S. 31(4) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 186(3), 240(2), Sch. 25 Pt. 31; S.I. 2012/57, art. 4(1)(u) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

F5S. 31(4A) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 186(4), 240(2); S.I. 2012/57, art. 4(1)(u) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

F6Words 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

I1S. 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