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Part IIU.K. General Functions and Procedure

[F1Delegation to Mayor of Ministers' functionsU.K.

Textual Amendments

F1S. 39A and cross-heading inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 223(2), 240(2); S.I. 2012/57, art. 4(1)(cc) (with arts. 6, 7, 9-11)

39ADelegation by MinistersU.K.

(1)A Minister of the Crown may, to such extent and subject to such conditions as that Minister thinks fit, delegate to the Mayor any of that Minister's eligible functions.

(2)A function is eligible for the purposes of subsection (1) above if—

(a)it does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and

(b)the Secretary of State considers that it can appropriately be exercised by the Mayor.

(3)No delegation under subsection (1) above, and no variation of a delegation under subsection (1) above, may be made without the agreement of the Mayor.

(4)Before making or varying a delegation under subsection (1) above, a Minister of the Crown must consult—

(a)each London borough council,

(b)the Common Council, and

(c)the Assembly.

(5)A delegation under subsection (1) above may be revoked at any time by any Minister of the Crown.

(6)Section 38 above does not apply in relation to functions delegated under subsection (1) above.]