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- Original (As enacted)
This version of this Act contains provisions that are prospective.
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An Act to establish and make provision about the Greater London Authority, the Mayor of London and the London Assembly; to make provision in relation to London borough councils and the Common Council of the City of London with respect to matters consequential on the establishment of the Greater London Authority; to make provision with respect to the functions of other local authorities and statutory bodies exercising functions in Greater London; to make provision about transport and road traffic in and around Greater London; to make provision about policing in Greater London and to make an adjustment of the metropolitan police district; and for connected purposes.
[11th November 1999]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Modifications etc. (not altering text)
C1Act excluded (13.3.2012) by The London Cable Car Order 2012 (S.I. 2012/472), arts. 1, 9(1)
C2Act modified (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(6)(a), 240(2); S.I. 2012/1463, art. 2(f)
C3Act modified by S.I. 1981/1628, reg. 5(2) (as amended (5.10.2017) by The Operation of Public Service Vehicles (Partnership) (Amendment) Regulations 2017 (S.I. 2017/873), regs. 1(1), 5(a))
C4Act modified (1.2.2019) by The Road Transport (International Passenger Services) Regulations 2018 (S.I. 2018/1395), regs. 1(b), 6(2)(b)
C5Act: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)
(1)There shall be an authority for Greater London, to be known as the Greater London Authority.
(2)The Authority shall be a body corporate.
(3)The Authority shall have the functions which are transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act.
(1)The Authority shall consist of—
(a)the Mayor of London; and
(b)an Assembly for London, to be known as the London Assembly.
(2)The Assembly shall consist of twenty five members, of whom—
(a)fourteen shall be members for Assembly constituencies (constituency members); and
(b)eleven shall be members for the whole of Greater London (London members).
(3)There shall be one constituency member for each Assembly constituency.
(4)The Assembly constituencies shall be the areas, and shall be known by the names, specified in an order made by [F1statutory instrument by [F2the Local Government Boundary Commission for England]].
(5)Schedule 1 to this Act (which makes further provision about Assembly constituencies and orders under subsection (4) above) shall have effect.
(6)The Mayor and the Assembly members shall be returned in accordance with the provision made in or by virtue of this Act for—
(a)the holding of ordinary elections of the Mayor, the constituency members and the London members; and
(b)the filling of vacancies in the office of Mayor or among the constituency members or the London members.
(7)An ordinary election involves the holding of—
(a)an election for the return of the Mayor;
(b)an election for the return of the London members; and
(c)elections for the return of the constituency members.
(8)The term of office of the Mayor and Assembly members returned at an ordinary election shall—
(a)begin on the second day after the day on which the last of the successful candidates at the ordinary election is declared to be returned; and
(b)end on the second day after the day on which the last of the successful candidates at the next ordinary election is declared to be returned;
but this subsection is subject to the other provisions of this Act and, in particular, to any provision made by order by virtue of subsection (4) of section 3 below.
(9)If at any ordinary election the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the day on which the last of the successful candidates at the ordinary election is declared to be returned shall be determined for the purposes of subsection (8) above without regard to the return of the Assembly member for that Assembly constituency.
(10)The validity of proceedings of the Assembly is not affected by any vacancy in its membership.
(11)The validity of anything done by the Authority is not affected by any vacancy in the office of Mayor or any vacancy in the membership of the Assembly.
Textual Amendments
F1Words in s. 2(4) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 13
F2Words in s. 2(4) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 9; S.I. 2009/3318, art. 4(ff)
Modifications etc. (not altering text)
C6S. 2(4): transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(2)(3)(a), 148(3)(b) (with s. 63(4)); S.I. 2009/3318, art. 4(i)
C7S. 2(4): power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwise 30.10.2001) by 2000 c. 41, s. 18(3)(c), 163(3) (with s. 156(6)); S.I. 2001/3526, art. 2(c)
S. 2(4): functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(2)(c)
Commencement Information
I1S. 2 wholly in force at 14.12.1999: by virtue of s. 425(2) this Act is in force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 2 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2
(1)The poll at the first ordinary election shall be held on 4th May 2000 or such later date as the Secretary of State may by order provide.
(2)The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.
(3)Subsection (2) above is subject to any order made by virtue of section 37(2) F3... of the Representation of the M1People Act 1983 (power by order to fix a day other than the first Thursday in May).
(4)As respects the first ordinary election, the Secretary of State may by order make provision—
(a)modifying section 2(8) above in relation to the Mayor and Assembly members returned at that election;
(b)for the returning officer at the election of the Mayor and the election of the London members to be a person, or a person of a description, designated in the order (instead of the person specified in section 35(2C) of the Representation of the M2People Act 1983);
(c)for and in connection with modifying the entitlement to vote or the registration of electors, or with respect to the registers (or parts of registers) of electors to be used;
(d)for or in connection with enabling electors to vote in the poll at such polling stations or other places as may be prescribed, at such times as may be prescribed, on such one or more days preceding the date specified in or provided under subsection (1) above for the poll as may be specified in the order.
(5)The provision that may be made by an order under paragraph (d) of subsection (4) above includes provision for such enactments or statutory instruments as may be specified in the order to have effect with such modifications as may be so specified.
(6)In this section prescribed means specified in, or determined in accordance with, an order under this section.
Textual Amendments
F3Words in s. 3(3) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
Commencement Information
I2S. 3 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act is in force at Royal Assent in regard to the powers of a Minister of the Crown to make regulations or an order; s. 3 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2
Marginal Citations
(1)Each person entitled to vote as an elector at an ordinary election shall have the following votes—
(a)one vote F4... which may be given for a candidate to be the Mayor;
(b)one vote (referred to in this Part as a constituency vote) which may be given for a candidate to be the Assembly member for the Assembly constituency; and
(c)one vote (referred to in this Part as a London vote) which may be given in accordance with subsection (5) below.
(2)The Mayor shall be returned under the simple majority systemF5... .
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The Assembly member for an Assembly constituency shall be returned under the simple majority system.
(5)A London vote may be given for—
(a)a registered political party which has submitted a list of candidates to be London members; or
(b)an individual who is a candidate to be a London member.
(6)The London members shall be returned in accordance with Part II of Schedule 2 to this Act.
(7)The persons who are to be returned as—
(a)the Mayor, and
(b)the constituency members,
must be determined before it is determined who are to be returned as the London members.
(8)But if the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the persons who are to be returned as the London members shall be determined without regard to the determination of the Assembly member for that Assembly constituency.
(9)At an ordinary election, a person may not be a candidate to be the Assembly member for more than one Assembly constituency.
(10)If the person who is returned as the Mayor is also returned as an Assembly member for an Assembly constituency, a vacancy shall arise in the Assembly constituency.
(11)In this Part registered political party means [F7a party registered under Part II of the Political Parties, Elections and Referendums Act 2000].
Textual Amendments
F4Words in s. 4(1)(a) omitted (26.10.2022) by virtue of Elections Act 2022 (c. 37), ss. 13(2)(a), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
F5Words in s. 4(2) omitted (26.10.2022) by virtue of Elections Act 2022 (c. 37), ss. 13(2)(b), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
F6S. 4(3) omitted (26.10.2022) by virtue of Elections Act 2022 (c. 37), ss. 13(2)(c), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
F7Words in s. 4(11) substituted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 15 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
Modifications etc. (not altering text)
C8S. 4(5)(a) applied (14.12.1999) by 1983 c. 2, s. 203(1B) (as inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 paras. 1, 39(5) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2)
(1)An Assembly member may at any time resign his membership of the Assembly by giving notice to the proper officer of the Authority.
(2)Any such resignation shall take effect on the officer’s receipt of the notice.
(1)If an Assembly member fails, throughout a period of six consecutive months from his last attendance, to attend any meeting of the Assembly, he shall cease to be a member of the Assembly.
(2)A person shall not cease to be a member by virtue of subsection (1) above if the failure to attend is due to some reason approved by the Assembly before the expiry of that period.
(3)For the purposes of this section, an Assembly member shall be deemed to have attended a meeting of the Assembly on any occasion on which he attended—
(a)as a member at a meeting of any committee or sub-committee of the Assembly; or
(b)as a representative of the Assembly or the Authority at a meeting of any body of persons.
(4)A person shall not cease to be a member of the Assembly by reason only of a failure to attend meetings of the Assembly if—
(a)he is a member of any branch of Her Majesty’s naval, military or air forces and is at the time employed during war or any emergency on any naval, military or air force service, or
(b)he is a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence,
and the failure to attend is due to that employment.
[F8(5)Any period during which an Assembly member is suspended or partially suspended under section 66, F9[F10... 73, 78 F9... ] or 79 of the Local Government Act 2000 [F11, or suspended under section 31(4) of the Elections Act 2022,] shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1).]
Textual Amendments
F8S. 6(5) inserted (E.W.) (19.12.2000 for E. and 19.12.2000 for W.(in relation to police authorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 31; S.I. 2000/3335, art. 2
F9Words in s. 6(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F10Words in s. 6(5) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 201(6), 245(5) (with s. 201); S.I. 2008/172, art. 4(l)
F11Words in s. 6(5) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 6(2); S.I. 2023/1145, reg. 3(k)
Modifications etc. (not altering text)
C9S. 6(3)(a) applied (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(7), 240(2); S.I. 2012/1463, art. 2(f)
Where an Assembly member—
(a)ceases to be qualified to be a member of the Assembly, or
(b)becomes disqualified from being a member otherwise than—
F12(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(ia)under section 34 of the Localism Act 2011,]
[F14(ib)by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc),]
(ii)by virtue of a conviction, or
(iii)by virtue of a breach of any provision of Part II of the Representation of the M3People Act 1983, or
(c)ceases to be a member of the Assembly by reason of failure to attend meetings of the Assembly,
the proper officer of the Authority shall forthwith declare the member’s office to be vacant, unless it has been declared vacant by the High Court.
Textual Amendments
F12S. 7(b)(i) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 38; S.I. 2015/841, art. 3(x)
F13S. 7(b)(ia) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(13), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)
F14S. 7(b)(ib) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 6(3); S.I. 2023/1145, reg. 3(k)
Marginal Citations
If the person who is returned at an election under section 16 below to fill a vacancy in the office of Mayor is an Assembly member, a vacancy shall arise—
(a)if he is a member for an Assembly constituency, in that Assembly constituency; or
(b)if he is a London member, in his office as a London member.
(1)For the purpose of filling a casual vacancy in the membership of the Assembly, the date on which a vacancy is to be regarded as occurring shall be—
(a)in the case of any person being returned—
(i)at an ordinary election, as the Mayor and also as the Assembly member for an Assembly constituency, or
(ii)at an election under section 16 below to fill a vacancy in the office of Mayor when he is an Assembly member,
on the date on which he is returned as the Mayor or, as the case may be, to fill the vacancy in that office;
(b)in the case of any person being returned as mentioned in section 16(10) below, on the date on which he is returned to fill the vacancy in the Assembly constituency;
(c)in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;
(d)in the case of resignation, upon the receipt of the notice of resignation by the proper officer of the Authority;
(e)in the case of death, on the date of death;
(f)in the case of disqualification under F15... [F16section 34 of the Localism Act 2011] or by virtue of a conviction—
(i)on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant order or decision under F17... [F18that section] or (as the case may be) that conviction, or
(ii)if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution;
[F19(fa)in the case of disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc);]
(g)in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;
(h)in the case of a person—
(i)ceasing to be qualified to be an Assembly member, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (g) above, or
(ii)ceasing to be an Assembly member by reason of failure to attend meetings,
on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority as the case may be.
[F20(1A)In a case where subsection (1)(fa) and (f) (in the case of a conviction) apply in relation to a vacancy, the vacancy is to be regarded as occurring on the date mentioned in subsection (1)(fa).]
(2)The proper officer of the Authority shall—
(a)give written notice of any casual vacancy among the London members to the Greater London returning officer; and
(b)give public notice of any casual vacancy among the constituency members.
(3)Any public notice under subsection (2)(b) above shall be given—
(a)by posting the notice in some conspicuous place or places in the Assembly constituency concerned; and
(b)in such other manner, if any, as the officer considers desirable for giving publicity to the notice.
(4)Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded under subsection (1) above as occurring.
Textual Amendments
F15Words in s. 9(1)(f) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 39(a); S.I. 2015/841, art. 3(x)
F16Words in s. 9(1)(f) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(14)(a), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)
F17Words in s. 9(1)(f) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 39(b); S.I. 2015/841, art. 3(x)
F18Words in s. 9(1)(f) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(14)(b), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)
F19S. 9(1)(fa) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 6(4)(a); S.I. 2023/1145, reg. 3(k)
F20S. 9(1A) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 6(4)(b); S.I. 2023/1145, reg. 3(k)
(1)This section applies where the office of an Assembly member returned for an Assembly constituency is vacant.
(2)Subject to subsection (8) below, an election shall be held in the Assembly constituency to fill the vacancy.
(3)At the election to fill the vacancy—
(a)each person entitled to vote at the election shall have a constituency vote; and
(b)the Assembly member for the Assembly constituency shall be returned under the simple majority system.
(4)The date of the poll at the election shall be fixed by the constituency returning officer in accordance with subsection (5) below.
(5)The date fixed shall be no later than 35 days after the date of the relevant event.
(6)In subsection (5) above, the relevant event means—
(a)in a case where the High Court or the proper officer of the Authority has declared the office to be vacant, the making of that declaration; or
(b)in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for the Assembly constituency concerned.
(7)Section 243(4) of the M4Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (5) above as it applies for the purposes of section 89(1) of that Act.
(8)If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election unless subsection (9) below applies.
(9)This subsection applies if, on the occurrence of the vacancy (or, in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the Assembly exceeds one-third of the whole number of Assembly members.
(10)A person may not be a candidate at an election to fill a vacancy if he is—
(a)the Mayor;
(b)an Assembly member; or
(c)a candidate in another such election.
(11)The term of office of the person returned at the election—
(a)shall begin immediately upon his being declared to be returned as the constituency member; and
(b)shall end at the time when it would have ended had he been returned as the constituency member at the previous ordinary election.
Modifications etc. (not altering text)
C10S. 10 modified (E.) (7.4.2020) by The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 (S.I. 2020/395), regs. 1, 9(1)(3)(4)
Marginal Citations
(1)This section applies where the office of a London member is vacant.
(2)If the London member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the vacancy shall remain unfilled until the next ordinary election.
(3)If the London member was returned (under Part II of Schedule 2 to this Act or this section) from a registered political party’s list, the Greater London returning officer shall notify the Chair of the Assembly of the name of the person who is to fill the vacancy.
(4)The person who is to fill the vacancy must be one who—
(a)is included in that list;
(b)is willing to serve as a London member; and
(c)is not a person to whom subsection (5) below applies.
(5)This subsection applies to a person if—
(a)he is not a member of the party; and
(b)the party gives notice to the Greater London returning officer that his name is not to be notified under subsection (3) above as the name of the person who is to fill the vacancy.
(6)Where more than one person satisfies the conditions in subsection (4) above, the Greater London returning officer shall notify the name of whichever of them is higher, or highest, in the list.
(7)Where a person’s name has been notified under subsection (3) above, his term of office as a London member—
(a)shall begin on the day on which the notification is received under that subsection, and
(b)shall end at the time when it would have ended had he been returned as a London member at the previous ordinary election,
and this Act shall apply as if the person had been declared to be returned as a London member on the day on which the notification under subsection (3) above is so received.
Modifications etc. (not altering text)
C11S. 11(3) restricted by S.I. 2002/427, Sch. 9 rule 58(3) (as substituted (1.3.2004) by The Greater London Authority Elections (Amendment) Rules 2004 (S.I. 2004/227), rules 1(1), 2(8), Sch. 5)
(1)The Mayor may at any time resign his office by giving notice to the proper officer of the Authority.
(2)Any such resignation shall take effect on the officer’s receipt of the notice.
[F21(1)]If the Mayor fails on six consecutive occasions to attend meetings of the Assembly held pursuant to section 52(3) below, he shall cease to be the Mayor.
[F22(2)Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, F23[F24... 73, 78 F23... ] or 79 of the Local Government Act 2000 [F25, or suspended under section 31(4) of the Elections Act 2022,] shall be disregarded for the purposes of subsection (1) above.]
Textual Amendments
F21S. 13 renumbered as s. 13(1) (19.12.2000 for E. 19.12.2000 for W.(in relation to police anthorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 32; S.I. 2000/3335, art. 2
F22S. 13(2) inserted (E.W.) (19.12.2000 for E. and 19.12.2000 for W.(in relation to police authorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 32; S.I. 2000/3335, art. 2
F23Words in s. 13(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F24Words in s. 13(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 201(6), 245(5) (with s. 201); S.I. 2008/172, art. 4(l)
F25Words in s. 13(2) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 6(5); S.I. 2023/1145, reg. 3(k)
Where the Mayor—
(a)ceases to be qualified to be the Mayor,
(b)becomes disqualified from being the Mayor otherwise than—
F26(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F27(ia)under section 34 of the Localism Act 2011,]
[F28(ib)by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc),]
(ii)by virtue of a conviction, or
(iii)by virtue of a breach of any provision of Part II of the Representation of the M5People Act 1983, or
(c)ceases to be the Mayor by reason of failure to attend meetings of the Assembly,
the proper officer of the Authority shall forthwith declare his office to be vacant, unless it has been declared vacant by the High Court.
Textual Amendments
F26S. 14(b)(i) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 40; S.I. 2015/841, art. 3(x)
F27S. 14(b)(ia) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(13), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)
F28S. 14(b)(ib) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 6(6); S.I. 2023/1145, reg. 3(k)
Marginal Citations
(1)Subsection (1) of section 9 above shall apply for the purpose of filling a casual vacancy in the office of Mayor as it applies for the purpose of filling a casual vacancy in the membership of the Assembly, but with the omission of paragraphs (a) and (b) and the substitution for paragraph (h) of—
“(h)in the case of a person—
(i)ceasing to be qualified to be the Mayor, or becoming disqualified, for any reason other than one mentioned in paragraphs (c) to (g) above, or
(ii)ceasing to be the Mayor by reason of failure to attend meetings of the Assembly,
on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority, as the case may be.”
(2)If a casual vacancy arises in the office of Mayor, the proper officer of the Authority shall give—
(a)notice of the vacancy to the Greater London returning officer; and
(b)public notice of the vacancy in every Assembly constituency.
(3)Any public notice under subsection (2)(b) above shall be given—
(a)by posting the notice in some conspicuous place or places in each Assembly constituency; and
(b)in such other manner, if any, as the officer considers desirable for giving publicity to the notice.
(4)Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of subsection (1) above as occurring.
(1)This section applies where a vacancy occurs in the office of the Mayor.
(2)Subject to subsection (9) below, an election shall be held to fill the vacancy.
(3)At the election, each person entitled to vote as an elector at the election shall have [F29one vote which may be given for a candidate to be the Mayor].
[F30(4)Section 4(2) (simple majority system) applies in relation to the election as it applies in relation to the election of the Mayor at an ordinary election.]
(5)The date of the poll at the election shall be fixed by the Greater London returning officer in accordance with subsection (6) below.
(6)The date fixed shall be no later than 35 days after the date of the relevant event.
(7)In subsection (6) above, the relevant event means—
(a)in a case where the High Court or the proper officer of the Authority have declared the office to be vacant, the making of that declaration; or
(b)in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for Greater London.
(8)Section 243(4) of the M6Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (6) above as it applies for the purposes of section 89(1) of that Act.
(9)If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election.
(10)If—
(a)a person who is a candidate in an election to fill a vacancy in the office of Mayor is also a candidate in an election to fill a vacancy in an Assembly constituency, and
(b)that person is returned in both elections, but
(c)the circumstances are such that a vacancy does not arise in the Assembly constituency by virtue of section 8 above,
a vacancy shall arise in the Assembly constituency.
(11)The term of office of the person returned as the Mayor at the election—
(a)shall begin immediately upon his being declared to be returned as the Mayor; and
(b)shall end at the time when it would have ended had he been returned as the Mayor at the previous ordinary election.
Textual Amendments
F29Words in s. 16(3) substituted (26.10.2022) by Elections Act 2022 (c. 37), ss. 13(3)(a), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
F30S. 16(4) substituted (26.10.2022) by Elections Act 2022 (c. 37), ss. 13(3)(b), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
Modifications etc. (not altering text)
C12S. 16 modified (E.) (7.4.2020) by The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 (S.I. 2020/395), regs. 1, 9(2)-(4)
Marginal Citations
Schedule 3 to this Act (which, by amending the Representation of the People Acts, makes provision for and in connection with treating elections under this Act as local government elections for the purposes of those Acts) shall have effect.
(1)Each candidate at the first election of the Mayor shall be entitled (subject to and in accordance with the provisions of Schedule 3A to this Act) to have an election address prepared on behalf of the candidate included in a booklet of election addresses—
(a)prepared by the Greater London returning officer; and
(b)sent by that officer, by post, to each elector in Greater London.
(2)In subsection (1) above elector, in relation to the election mentioned in that subsection—
(a)means a person who is registered in the register of local government electors for an electoral area in Greater London on the last day for publication of notice of the election; and
(b)includes a person then shown in any such register [F32(or, in the case of a person who has an anonymous entry in any such register, in the record of anonymous entries for that electoral area)] as below voting age if (but only if) it appears from the register [F33(or from the record)] that he will be of voting age on the day fixed for the poll.
[F34(2A)In subsection (2)(b), “anonymous entry” and “record of anonymous entries” have the meaning given in section 202(1) of the Representation of the People Act 1983.]
(3)The Secretary of State F35... may by order make such provision as he considers appropriate for and in connection with enabling candidates—
(a)at ordinary elections other than the first such election, or
(b)at elections to fill vacancies in the office of Mayor or Assembly member,
to have their election addresses (within the meaning of the order) delivered, at the Authority’s expense, by [F36a universal service provider (within the meaning of the [F37Part 3 of the Postal Services Act 2011])] or by any other means specified in the order.
(4)Without prejudice to the generality of subsection (3) above, an order under that subsection may make provision—
(a)for free delivery of election addresses to be available under the order only in the case of any specified description of election falling within paragraph (a) or (b) of that subsection or within section 2(7) above;
(b)for enabling the Authority to determine the descriptions of elections (if any) in the case of which free delivery of election addresses is to be so available;
(c)for regulating in any respect the form and manner in which free delivery of election addresses is to be so available;
(d)for restricting the number of separate mailings in respect of the free delivery of election addresses, whether—
(i)by limiting the number of separate election addresses by reference to any specified circumstances, or
(ii)by requiring the preparation of a single document incorporating all the election addresses to be delivered on behalf of candidates at a particular election,
or otherwise;
(e)for imposing conditions which must be satisfied by any candidate or candidates seeking to avail themselves of free delivery of election addresses under the order;
(f)for authorising election addresses falling to be delivered under the order to be disseminated by such means (other than those by which they are to be so delivered) as may be specified;
(g)for securing that civil or criminal liability in respect of material contained in any election address falling to be delivered under the order (including any such liability arising in connection with any dissemination of the material in pursuance of paragraph (f) above) is incurred only by the candidate on behalf of whom it falls to be so delivered or his election agent.
(5)In subsection (4) above—
free delivery of election addresses means the delivery of election addresses, in accordance with an order under subsection (3) above, at the Authority’s expense;
specified means specified in an order under subsection (3) above.
(6)Before making an order under subsection (3) above the Secretary of State F38... shall consult—
(a)the Mayor and the London Assembly; and
(b)such other persons and bodies as he may determine to be appropriate.
(7)Schedule 3A to this Act (which makes provision supplementing subsection (1) above) shall have effect.]
Textual Amendments
F31S. 17A inserted (9.3.2000) by 2000 c. 2, s. 14(1)(2)
F32Words in s. 17A(2)(b) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 18(2)(a); S.I. 2006/3412, art. 3, Sch. 1 para. 12(a)
F33Words in s. 17A(2)(b) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 18(2)(b); S.I. 2006/3412, art. 3, Sch. 1 para. 12(a)
F34S. 17A(2A) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 18(3); S.I. 2006/3412, art. 3, Sch. 1 para. 12(a)
F35Words in s. 17A(3) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 11 (with art. 12)
F36Words in s. 17A(3) substituted (26.3.2001) by S.I. 2001/648, art. 4(1), Sch. 1 para. 14
F37Words in s. 17A(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 155; S.I. 2011/2329, art. 3
F38Words in s. 17A(6) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 11 (with art. 12)
Modifications etc. (not altering text)
C13S. 17A functions made exercisable concurrently (18.8.2010) by The Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3
C14S. 17A functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 3(1), Sch. 1 (with art. 9)
C15S. 17A functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 3(1), Sch. 1(f) (with arts. 3(2), 6, 12)
C16S. 17A: functions cease to be exercisable concurrently (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 9, Sch. 1(f) (with arts. 11, 12)
C17S. 17A(3) amended (16.2.2001) by 2000 c. 41, s. 7(2)(i); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
(1)A returning officer shall be entitled to recover expenditure properly incurred by him in relation to the holding of the first ordinary election if the expenditure—
(a)is of a kind determined by the Secretary of State; and
(b)is reasonable.
(2)The Secretary of State may determine a maximum recoverable amount for expenditure of such description as he may determine; and the returning officer may not recover more than that amount in respect of any such expenditure.
(3)The amount of any expenditure recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Secretary of State; but the Secretary of State must, before payment, satisfy himself that the expenditure in the account is properly payable.
(4)A returning officer must furnish the Secretary of State with such information or documents relating to an account submitted under subsection (3) above as the Secretary of State may require.
(5)The Secretary of State must prepare an account of any sums which are issued to him out of the Consolidated Fund by virtue of this section and of his use of those sums.
(6)The account required to be prepared under subsection (5) above must be audited by such body or person as the Treasury may determine.
(7)Any exercise by the Secretary of State of his functions under subsections (1) and (2) above shall require the consent of the Treasury.
(8)This section has effect in relation to the first ordinary election instead of section 36(4B) of the Representation of the M7People Act 1983.
(1)The Secretary of State may incur expenditure in doing anything which he considers expedient—
(a)in preparation for the holding of the first ordinary election,
(b)for the purpose of facilitating the conduct of the first ordinary election, or
(c)otherwise in connection with the holding of the first ordinary election.
(2)The Secretary of State must not, by virtue of subsection (1) above, incur expenditure of a kind which is recoverable by a returning officer under section 18 above.
(1)Subject to any disqualification by virtue of this Act or any other enactment, a person is qualified to be elected and to be the Mayor or an Assembly member if he satisfies the requirements of subsections (2) to (4) below.
(2)The person must be—
(a)a [F39qualifying] Commonwealth citizen;
(b)a citizen of the Republic of Ireland; or
(c)[F40qualifying EU citizen or an EU citizen with retained rights].
(3)On the relevant day, the person must have attained the age of [F4118] years.
(4)The person must satisfy at least one of the following conditions—
(a)on the relevant day he is, and from that day continues to be, a local government elector for Greater London;
(b)he has, during the whole of the twelve months preceding that day, occupied as owner or tenant any land or other premises in Greater London;
(c)his principal or only place of work during that twelve months has been in Greater London;
(d)he has during the whole of that twelve months resided in Greater London.
(5)This section applies in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
(6)References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
(7)In the application of this section by virtue of subsection (5) above, any reference to the day on which a person is nominated as a candidate shall be taken as a reference to the day on which notification of the person’s name is given under section 11(3) above by the Greater London returning officer.
[F42(7A)For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—
(a)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
(b)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
(7B)But a person is not a qualifying Commonwealth citizen by virtue of subsection (7A)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).]
(8)In this section—
[F43“qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act);]
F44...
the relevant day, in relation to any candidate, means—
the day on which he is nominated as a candidate and also, if there is a poll, the day of the election; or
if the election is not preceded by the nomination of candidates, the day of the election.
Textual Amendments
F39Word in s. 20(2)(a) inserted (1.1.2007 for E.W.S., 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 42(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (with Sch. 2 para. 1); S.I. 2008/1316, arts. 2(2), 4(z)(i)
F40Words in s. 20(2)(c) substituted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 4(a); S.I. 2023/1145, regs. 3(i)(iii), 5(b) (with savings in The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 17, 18)
F41Word in s. 20(3) substituted (1.1.2007 for E.W.S., 7.2.2007 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 17(5), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(d) (with Sch. 2 para. 1); S.I. 2007/230, art. 2
F42S. 20(7A)(7B) inserted (1.1.2007 for E.W.S., 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 42(3); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (with Sch. 2 para. 1); S.I. 2008/1316, arts. 2(2), 4(z)(i)
F43Words in s. 20(8) inserted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 4(b)(ii); S.I. 2023/1145, regs. 3(i)(iii), 5(b) (with savings in The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 17, 18)
F44Words in s. 20(8) omitted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 4(b)(i); S.I. 2023/1145, regs. 3(i)(iii), 5(b) (with savings in The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 17, 18)
(1)A person is disqualified from being elected or being the Mayor or an Assembly member if—
(a)he is a member of staff of the Authority;
(b)he holds any of the offices or appointments for the time being designated by the Secretary of State in an order as offices or appointments disqualifying persons from being the Mayor or an Assembly member;
[F45(c)he is the subject of a bankruptcy restrictions order [F46or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986];]
(d)he has within five years before the day of the election, or since his election, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; F47...
(e)he is disqualified under—
(i)section 85A or Part III of the Representation of the M8People Act 1983, F48...
F48(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
from being elected or being the Mayor or an Assembly member[F49; or
(f)the person is incapable of being elected to or holding—
(i)the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);
(ii)the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).]
[F50(1A)Subsection (1)(a) does not prevent a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire, from being elected as or being an Assembly member.]
(2)A paid officer of a London borough council who is employed under the direction of—
(a)any of that council’s committees or sub-committees the membership of which includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or
(b)a joint committee the membership of which includes one or more members appointed on the nomination of that council and one or more members appointed on the nomination of the Authority acting by the Mayor,
[F51(c)the executive or any committee of the executive of that council, where that council are operating executive arrangements and the membership of that executive includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or
(d)a member of the executive of that council, where that council are operating executive arrangements and that member is also the Mayor or a person appointed on the nomination of the Authority acting by the Mayor,]
shall be disqualified from being elected or being the Mayor or an Assembly member.
[F52(2A)In this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.]
F53(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For the purposes of subsection (1)(d) above—
(a)the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires, or
(b)if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution,
shall be deemed to be the date of the conviction.
(6)This section shall apply in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
(7)References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
Textual Amendments
F45S. 21(1)(c) substituted (29.6.2006) by The Enterprise Act 2002 (Disqualification from Office: General) Order 2006 (S.I. 2006/1722), art. 1(1), Sch. 2 para. 6(a)
F46Words in s. 21(1)(c) substituted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 42 (with arts. 5, 6)
F47Word in s. 21 omitted (1.11.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 5 para. 5(a); S.I. 2023/1145, reg. 3(g) (with Sch. paras. 9(2)(4))
F48S. 21(1)(e)(ii) and preceding word omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 41; S.I. 2015/841, art. 3(x)
F49S. 21(f) and word inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 5 para. 5(b); S.I. 2023/1145, reg. 3(g) (with Sch. paras. 9(2)(4))
F50S. 21(1A) inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 2; S.I. 2018/227, art. 2(b)(i)
F51S. 21(2)(c)(d) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 35(a)
F52S. 21(2A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 35(b)
F53S. 21(3) omitted (29.6.2006) by virtue of The Enterprise Act 2002 (Disqualification from Office: General) Order 2006 (S.I. 2006/1722), art. 1(1), Sch. 2 para. 6(b)
F54S. 21(4) omitted (29.6.2006) by virtue of The Enterprise Act 2002 (Disqualification from Office: General) Order 2006 (S.I. 2006/1722), art. 1(1), Sch. 2 para. 6(b)
Commencement Information
I3S. 21 wholly in force at 14.12.1999: by virtue of s. 425(2) this Act comes into force at Royal Assent in regards to any powers of a Minister of the Crown to make regulations or an order; s. 21 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2
Marginal Citations
(1)A person is disqualified from being elected or being the Mayor or an Assembly member if the person is subject to—
(a)any relevant notification requirements, or
(b)a relevant order.
(2)In this section “relevant notification requirements” means—
(a)the notification requirements of Part 2 of the Sexual Offences Act 2003;
(b)the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010;
(c)the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;
(d)the notification requirements of Schedule 1 to the Criminal Justice Act 2001 (an Act of Tynwald: c. 4).
(3)In this section “relevant order” means—
(a)a sexual harm prevention order under section 345 of the Sentencing Code;
(b)a sexual harm prevention order under section 103A of the Sexual Offences Act 2003;
(c)a sexual offences prevention order under section 104 of that Act;
(d)a sexual risk order under section 122A of that Act;
(e)a risk of sexual harm order under section 123 of that Act;
(f)a risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;
(g)a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;
(h)a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010;
(i)a child protection order under Article 11 of that Law;
(j)a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;
(k)a risk of sexual harm order under section 22 of that Law;
(l)a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of Tynwald: c. 20);
(m)a risk of sexual harm order under section 5 of that Act.
(4)For the purposes of subsection (1)(a), a person who is subject to any relevant notification requirements is not to be regarded as disqualified until—
(a)the expiry of the ordinary period allowed for making an appeal or application against the conviction, finding, caution, order or certification in respect of which the person is subject to the relevant notification requirements, or
(b)if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
(5)For the purposes of subsection (1)(b), a person who is subject to a relevant order is not to be regarded as disqualified until—
(a)the expiry of the ordinary period allowed for making an appeal against the relevant order, or
(b)if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
(6)This section applies in relation to being returned as a London member under section 11 otherwise than at an election as it applies in relation to being elected.]
Textual Amendments
F55S. 21A inserted (E.W.) (28.6.2022) by Local Government (Disqualification) Act 2022 (c. 17), ss. 3(1), 6(2) (with s. 5)
Modifications etc. (not altering text)
The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.
Section 92 of the M9Local Government Act 1972 (proceedings for disqualification) shall apply in relation to the Authority as it applies in relation to a local authority within the meaning of that section, but taking—
(a)any reference to a member of a local authority as a reference to the Mayor or an Assembly member;
(b)any reference to a local government elector for the area concerned as a reference to a local government elector for Greater London; and
(c)any reference to meetings of the local authority as a reference to meetings of the Assembly.
Marginal Citations
Textual Amendments
F56S. 24 heading substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 1(3), 59(7); S.I. 2008/113, art. 2(a)
(1)The Authority shall pay to the Mayor and the Assembly members salaries at such levels—
(a)as the Authority from time to time determines; or
(b)before the first determination, as the Secretary of State directs.
(2)The Authority may pay to the Mayor and the Assembly members, in respect of expenses incurred in the exercise of their functions, allowances at such levels—
(a)as the Authority may from time to time determine; or
(b)before the first determination, as the Secretary of State may direct.
(3)A determination or direction under subsection (1) above may provide—
(a)for a higher level of salary to be payable to the Mayor than to any Assembly member;
(b)for higher levels of salaries to be payable to Assembly members holding the offices specified in subsection (4) below than to other Assembly members; and
(c)for different salaries to be payable to Assembly members holding different such offices.
(4)The offices mentioned in subsection (3)(b) above are—
(a)Deputy Mayor;
(b)Chair of the Assembly.
(5)A determination or direction under subsection (2) above may provide for different allowances for different cases.
(6)A determination under this section may provide for levels of salaries or allowances to change from time to time by reference to a specified formula.
(7)The Authority’s functions of making determinations under this section shall be functions of the Authority which are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
(8)The standing orders of the Authority must include provision for the publication of every determination under this section.
(9)The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.
(1)The Secretary of State may by order make provision such as is specified in subsection (3) below in relation to any Authority members to whom relevant remuneration is payable—
(a)pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House; [F57or]
F58(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F58(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in respect of their membership of any other public body (whether elected or appointed) which is specified in the order.
(2)In this section—
Authority member means—
the Mayor; or
an Assembly member;
relevant remuneration means—
a salary; or
any allowance of a description specified by order made by the Secretary of State.
(3)The provision referred to in subsection (1) above is provision that the amount of the salary payable to an Authority member under section 24 above—
(a)shall be reduced to a specified proportion of what it otherwise would be or to a specified amount; or
(b)shall be reduced by the amount of the relevant remuneration payable to him as mentioned in subsection (1) above, by a specified proportion of that amount or by some other specified amount.
(4)An order under subsection (1) above may make different provision in relation to Authority members—
(a)to whom (apart from the order) different amounts of salary would be payable under section 24 above; or
(b)to whom different amounts of relevant remuneration are payable as mentioned in subsection (1) above.
(5)Such an order may include provision that it (or a specified part of it) is not to apply to a specified Authority member or description of Authority members—
(a)either indefinitely or for a specified period; and
(b)either unconditionally or subject to the fulfilment of specified conditions.
Textual Amendments
F57Word in s. 25(1) inserted (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 3(a) (as amended by S.I. 2019/1389, regs. 1, 2(2))
F58S. 25(1)(b)(ba) omitted (31.12.2020) by virtue of The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 3(b) (as amended by S.I. 2019/1389, regs. 1, 2(2))
Commencement Information
I4S. 25 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 25 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2
(1)The Authority may make such provision for the payment of pensions to or in respect of persons who have ceased to be the Mayor or an Assembly member—
(a)as the Authority may from time to time determine; or
(b)before the first determination, as the Secretary of State may direct.
(2)The provision which may be made under this section includes, in particular, provision for—
(a)the making of payments towards the provision of superannuation benefits;
(b)establishing and administering one or more schemes for the provision of such benefits;
(c)the making of such payments as are mentioned in paragraph (a) above to any scheme (whether or not established or administered by virtue of paragraph (b) above) of which the Mayor or an Assembly member may be or become a member.
(3)Different provision may be made under this section for different cases.
(4)The Authority’s function of determining the provision that may be made under subsection (1) above shall be a function of the Authority which is exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
(5)The standing orders of the Assembly must include provision for the publication of every determination under this section.
(6)The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.
(7)A determination or direction under this section shall not affect pensions in payment before the making of the determination or the giving of the direction.
(1)The Authority may establish and administer such schemes as it may from time to time determine for the making of payments to or in respect of persons on their ceasing to hold office as the Mayor or as an Assembly member.
(2)The power conferred by subsection (1) above includes power to make different provision for different cases.
(3)The Authority's functions under subsection (1) above are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
(4)The standing orders of the Assembly must include provision for the publication of every determination under this section.
(5)A determination under this section does not affect benefits in payment under this section before the making of the determination.]
Textual Amendments
F59S. 26A inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 1(1), 59(7); S.I. 2008/113, art. 2(a)
The standing orders of the Authority must contain provision for the publication of information relating to sums paid under sections 24[F60, 26 and 26A] above for each financial year.
Textual Amendments
F60Words in s. 27 substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 1(2), 59(7); S.I. 2008/113, art. 2(a)
(1)A person elected to the office of Mayor or of an Assembly member shall not act in that office unless—
(a)he has made a declaration of acceptance of the office in a form prescribed in an order made by the Secretary of State; and
(b)within two months from the day of the election, the declaration has been delivered to the proper officer of the Authority.
(2)If such a declaration is not made and delivered to that officer within that time, the office of the person elected shall become vacant at the expiration of that time.
(3)The declaration shall be made before—
(a)two members of the Assembly;
(b)the proper officer of the Authority;
(c)a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man; or
(d)a commissioner appointed to administer oaths in the [F61Senior Courts].
(4)Any person before whom a declaration is authorised to be made under this section may take the declaration.
(5)In relation to the first ordinary election, an order under section 3(4) above may make provision with respect to the making and delivery of declarations of acceptance of office in the case of the persons elected as the Mayor or Assembly members.
(6)An order made by virtue of subsection (5) above may (in particular) make provision—
(a)permitting declarations to be made before such person (other than those specified in subsection (3) above) as may be specified or described in the order;
(b)authorising any person specified or described under paragraph (a) above to take declarations;
(c)requiring declarations to be delivered to such person as may be specified or described in the order instead of the officer mentioned in subsection (1)(b) above; and
(d)requiring declarations delivered in accordance with provision made under paragraph (c) above to be transmitted to the proper officer of the Authority when one has been appointed.
(7)No salary, and no payment towards the provision of superannuation benefits, shall be paid under this Act to or in respect of the Mayor or an Assembly member until he has complied with the requirements of subsection (1) above.
(8)Subsection (7) above does not affect any entitlement of the Mayor or an Assembly member to payments in respect of the period before he complies with the requirements of subsection (1) above once he has complied with those requirements.
(9)This section applies in relation to a London member returned otherwise than at an election as if he had been elected on the day on which he is to be treated as returned.
Textual Amendments
F61Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)
Commencement Information
I5S. 28 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act is in force at Royal Assent in regards to any powers of a Minister of the Crown to make regulations or an order; s. 28 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2
In this Part, except where the context otherwise requires—
constituency returning officer means the returning officer at an election of an Assembly member for an Assembly constituency (see section 35(2B) of the Representation of the M10People Act 1983);
constituency vote has the meaning given by section 4(1)(b) above;
elector has the same meaning as in the Representation of the M11People Act 1983 (see section 202(1) of that Act);
F62. . .
Greater London returning officer means the person who is for the time being the proper officer of the Authority for the purposes of section 35(2C) of the Representation of the M12People Act 1983 (returning officer at elections of Mayor and London members);
local government elector means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;
F63. . .
London vote has the meaning given by section 4(1)(c) above;
F64...
registered political party has the meaning given by section 4(11) above;
F65. . .
vote and voter have the same meaning as in the Representation of the M13People Act 1983 (see section 202(1) of that Act).
Textual Amendments
F62Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2
F63Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2
F64Words in s. 29 omitted (26.10.2022) by virtue of Elections Act 2022 (c. 37), ss. 13(4), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
F65Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2
Modifications etc. (not altering text)
C19S. 29 modified (7.3.2000) by S.I. 2000/308, art. 3
Marginal Citations
(1)The Authority shall have power to do anything which it considers will further any one or more of its principal purposes.
(2)Any reference in this Act to the principal purposes of the Authority is a reference to the purposes of—
(a)promoting economic development and wealth creation in Greater London;
(b)promoting social development in Greater London; and
(c)promoting the improvement of the environment in Greater London.
(3)In determining whether or how to exercise the power conferred by subsection (1) above to further any one or more of its principal purposes, the Authority shall have regard to the desirability of so exercising that power as to—
(a)further the remaining principal purpose or purposes, so far as reasonably practicable to do so; and
(b)secure, over a period of time, a reasonable balance between furthering each of its principal purposes.
(4)In determining whether or how to exercise the power conferred by subsection (1) above, the Authority shall have regard to the effect which the proposed exercise of the power would have on [F66each of the following] —
(a)the health of persons in Greater London;
[F67(aa)health inequalities between persons living in Greater London;]
(b)the achievement of sustainable development in the United Kingdom,
[F68(c)climate change, and the consequences of climate change.]
(5)Where the Authority exercises the power conferred by subsection (1) above, it shall do so in the way which it considers best calculated—
(a)to promote improvements in the health of persons in Greater London,
[F69(aa)to promote the reduction of health inequalities between persons living in Greater London, F70...]
(b)to contribute towards the achievement of sustainable development in the United Kingdom, [F71and
(c)to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,]
except to the extent that the Authority considers that any action that would need to be taken by virtue of paragraph (a)[F72, (aa)][F73, (b) or (c)] above is not reasonably practicable in all the circumstances of the case.
(6)In subsection (5)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of the power.
[F74(6A)In subsection (5)(aa) above, the reference to promoting the reduction of health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of the power.]
(7)The Secretary of State may issue guidance to the Authority concerning the exercise by the Authority of the power conferred by subsection (1) above.
(8)In deciding whether or how to exercise that power, the Authority shall have regard to any guidance issued under subsection (7) above.
(9)Any guidance issued under subsection (7) above shall be published by the Secretary of State in such manner as he considers appropriate.
(10)The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
[F75(11)In this section—
(a)“climate change” has the same meaning as in section 361A below, and
(b)in relation to climate change, “adaptation”, “consequences” and “mitigation” have the same meaning as in that section.]
Textual Amendments
F66Words in s. 30(4) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(2)(a), 59(7); S.I. 2008/113, art. 2(d)
F67S. 30(4)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(2)(b), 59(7); S.I. 2008/113, art. 2(d)
F68S. 30(4)(c) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(2), 59(7); S.I. 2008/113, art. 2(i)
F69S. 30(5)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(3)(a), 59(7); S.I. 2008/113, art. 2(d)
F70Word in s. 30(5)(aa) repealed (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), s. 59(7), Sch. 2; S.I. 2008/113, art. 2(m)
F71S. 30(5)(c) and word inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(3)(a), 59(7); S.I. 2008/113, art. 2(i)
F72Word in s. 30(5) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(3)(b), 59(7); S.I. 2008/113, art. 2(d)
F73Words in s. 30(5) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(3)(b), 59(7); S.I. 2008/113, art. 2(i)
F74S. 30(6A) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(4), 59(7); S.I. 2008/113, art. 2(d)
F75S. 30(11) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(4), 59(7); S.I. 2008/113, art. 2(i)
Modifications etc. (not altering text)
C20S. 30(2) applied (15.1.2012) by Localism Act 2011 (c. 20), ss. 197(7), 240(1)(l)
Commencement Information
I6S. 30 wholly in force at 3.7.2000; s. 30 not in force at Royal Assent see s. 425(2); s. 30(7)(9) in force at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 30 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
(1)The Authority shall not by virtue of section 30(1) above incur expenditure in doing anything which may be done [F76by—
(a)Transport for London;
(b)the Mayor's Office for Policing and Crime; or
[F77(c)the London Fire Commissioner.]]
[F78(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.]
F79(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The Authority shall not by virtue of section 30(1) above incur expenditure in providing—
F80(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
F81(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F82(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 [F83any social services function within the meaning of the Local Authority Social Services Act 1970]
[F84(5A)Any reference in subsection (3) above to the provision of health services does not include a reference to the provision of services or facilities for promoting improvements in, or protecting, public health.]
[F85(5B)Nothing in subsection (1)(a) above shall be taken to prevent the Authority incurring expenditure in doing anything for the purposes of, or relating to, housing or regeneration.]
(6)Nothing in subsections (1) to [F86(5A)] 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
F76Words in s. 31(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 45(2)
F77S. 31(1)(c) substituted (E.W.) (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 3; S.I. 2018/227, reg. 4(c)
F78S. 31(1A) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 45(3)
F79S. 31(2) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F80S. 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)
F81S. 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)
F82S. 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)
F83Words 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)
F84S. 31(5A) inserted (1.7.2012) by The Greater London Authority Act 1999 (Amendment) Order 2012 (S.I. 2012/1530), arts. 1(1), 2(2)
F85S. 31(5B) inserted (12.2.2015) by Infrastructure Act 2015 (c. 7), ss. 33(1), 57(5)(c) (with s. 33(2))
F86Word in s. 31(6) substituted (1.7.2012) by The Greater London Authority Act 1999 (Amendment) Order 2012 (S.I. 2012/1530), arts. 1(1), 2(3)
Commencement Information
I7S. 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
(1)The power conferred by section 30(1) above is exercisable only after consultation with such bodies or persons as the Authority may consider appropriate in the particular case.
(2)In determining what consultation (if any) is appropriate under subsection (1) above, the bodies which, and persons whom, the Authority considers consulting must include—
(a)any London borough council;
(b)the Common Council; and
(c)bodies of each of the descriptions specified in subsection (3) below.
(3)Those descriptions are—
(a)voluntary bodies some or all of whose activities benefit the whole or part of Greater London;
(b)bodies which represent the interests of different racial, ethnic or national groups in Greater London;
(c)bodies which represent the interests of different religious groups in Greater London;
(d)bodies which represent the interests of persons carrying on business in Greater London.
(4)The Authority may make arrangements with—
(a)any London borough council,
(b)the Common Council,
(c)bodies of the descriptions specified in subsection (3) above, and
(d)such other bodies or persons as it may consider appropriate,
for the purpose of facilitating the carrying out by the Authority of consultation pursuant to this section or any other provision of this Act.
(5)The functions conferred on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(1)The Authority shall make appropriate arrangements with a view to securing that—
(a)in the exercise of the power conferred on the Authority by section 30 above,
(b)in the formulation of the policies and proposals to be included in any of the strategies mentioned in section 41(1) below, and
(c)in the implementation of any of those strategies,
there is due regard to the principle that there should be equality of opportunity for all people.
(2)After each financial year the Authority shall publish a report containing—
(a)a statement of the arrangements made in pursuance of subsection (1) above which had effect during that financial year; and
(b)an assessment of how effective those arrangements were in promoting equality of opportunity.
(3)The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Modifications etc. (not altering text)
C21S. 33(1)(b)(c) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1
(1)The Authority, acting by the Mayor, by the Assembly, or by both jointly, may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the Authority exercisable by the Mayor or, as the case may be, by the Assembly or by both acting jointly.
(2)The Authority shall not by virtue of this section raise money (whether by precepts, borrowing or otherwise) or lend money, except in accordance with the enactments relating to those matters.
Modifications etc. (not altering text)
C22S. 34(2) excluded (18.11.2003) by Local Government Act 2003 (c. 26), ss. 93, 128(2)(d)
(1)The Authority may carry on specified activities for a commercial purpose only if it does so—
(a)through a company that is a subsidiary of the Authority, or
(b)in pursuance of an authorisation under section 38(1), through—
(i)a body that is specified in section 38(2) and is within the charge to corporation tax, or
(ii)a company that is a subsidiary of a body specified in section 38(2).
(2)Subsection (3) applies if—
(a)the Authority carries on a specified activity for a commercial purpose otherwise than as permitted by subsection (1), and
(b)the activity is actually carried on by a body (whether the Authority or another) that, disregarding this section, is in respect of the carrying-on of the activity exempt from corporation tax and income tax.
(3)The body mentioned in subsection (2)(b) is to be treated in respect of the carrying-on of the activity as not being a local authority for the purposes of—
(a)section 984 of the Corporation Tax Act 2010 (exemption of local authorities from corporation tax),
(b)section 838 of the Income Tax Act 2007 (exemption of local authorities from income tax), and
(c)section 271 of the Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).
(4)In this section—
“company” means—
a company within the meaning given by section 1(1) of the Companies Act 2006, or
[F88a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under] the Industrial and Provident Societies Act (Northern Ireland) 1969, and
“specified activity” means an activity specified in an order made by the Secretary of State with the consent of the Treasury.]
Textual Amendments
F87S. 34A inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 224(2), 240(2); S.I. 2012/57, art. 4(1)(cc) (with arts. 6, 7, 9-11)
F88Words in s. 34A(4) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 67 (with Sch. 5)
(1)Any function transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed) shall, in accordance with the provisions of this Act, be exercisable—
(a)only by the Mayor acting on behalf of the Authority;
(b)only by the Assembly so acting; or
(c)only by the Mayor and Assembly jointly so acting.
(2)Any function—
(a)which is transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed), and
(b)which (apart from this subsection) is not made exercisable on behalf of the Authority by the Mayor, by the Assembly, or by the Mayor and the Assembly acting jointly,
shall be exercisable only by the Mayor acting on behalf of the Authority.
(3)Any function transferred to, or conferred or imposed on, the Mayor by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor acting on behalf of the Authority.
(4)Any function transferred to, or conferred or imposed on, the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Assembly acting on behalf of the Authority.
(5)Any function transferred to, or conferred or imposed on, the Mayor and the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor and Assembly acting jointly on behalf of the Authority.
(6)Subsections (3) and (4) above are subject to subsection (5) above.
(7)Any reference in this Act to—
(a)functions of the Authority,
(b)functions of the Mayor,
(c)functions of the Assembly, or
(d)functions of the Mayor and Assembly,
shall be construed in accordance with the foregoing provisions of this section.
(8)Subsections (1) to (7) above are subject to any express provision to the contrary in this Act.
(9)Subsections (2) and (3) above are without prejudice to [F89sections 38 and 380] below and Schedule 4 to this Act.
(10)This section is subject, in particular, to Part II of the M14Deregulation and Contracting Out Act 1994 (contracting out).
Textual Amendments
F89Words in s. 35(9) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. I para. 3
Marginal Citations
(1)The Assembly, in consultation with the Mayor, may make standing orders of the Authority.
(2)The procedure of the Assembly, and of any committees or sub-committees of the Assembly, shall be regulated by the standing orders of the Authority.
(3)Standing orders of the Authority may make provision regulating the procedure to be followed—
(a)by any member of the Assembly, or
(b)by any member of staff of the Authority,
by whom functions of the Authority are exercisable pursuant to arrangements under section 54 below.
(4)Standing orders of the Authority may make provision regulating the procedure to be followed by the Mayor or by the Assembly in discharging any functions of the Mayor or the Assembly, to the extent that the functions—
(a)consist of consultation, or any other interaction or relationship, between the Mayor and the Assembly; or
(b)are exercisable by the Mayor in relation to the Assembly or by the Assembly in relation to the Mayor.
(5)Standing orders of the Authority may make provision for any other matter for which provision by standing orders of the Authority is authorised or required by or under any other provision of this Act or any other enactment.
(6)Subsections (2) to (5) above are subject to any other provision of this Act or any other enactment which regulates, or provides for the regulation of, the procedure of the Assembly or any procedure to be followed by the Mayor.
(7)Standing orders of the Authority may make different provision for different circumstances.
(8)The Assembly, after consultation with the Mayor, may at any time vary or revoke any standing orders of the Authority.
(9)Neither section 38 below nor section 54 below shall apply in relation to the functions of the Mayor or the Assembly under this section.
Modifications etc. (not altering text)
C23S. 36(9) modified (E.) (4.4.2020) by The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 (S.I. 2020/392), regs. 1, 7(a) (with reg. 2(4))
Schedule 4 to this Act shall have effect with respect to the discharge of functions during periods when—
(a)there is a vacancy in the office of Mayor; or
(b)there is no such vacancy but the Mayor is unable to act in his office.
(1)Any function exercisable on behalf of the Authority by the Mayor shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
(2)Those bodies and persons are—
(a)the Deputy Mayor;
(b)any member of staff of the Authority;
(c)Transport for London;
F90(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F91(da)any Mayoral development corporation;]
[F92(db)the Homes and Communities Agency;]
(e)the Common Council;
(f)any local authority.
[F93(2A)In relation to functions exercisable by the Mayor under Part 11 of the Planning Act 2008 (Community Infrastructure Levy) subsection (2) has effect with the omission of paragraphs (c) to (f).]
[F94(2B)In relation to a function listed in subsection (2C), subsection (2) has effect—
(a)as if paragraph (b) referred only to members of staff appointed under section 67(1), and
(b)with the omission of paragraphs (c) to (f).
(2C)The functions referred to in subsection (2B) are—
(a)the function of giving a direction under section 2A(1) or (1B) of the Town and Country Planning Act 1990 (call-in of planning applications by the Mayor), and
(b)the function of determining an application by virtue of section 2A or 2B of that Act.]
(3)In the case of [F95the Homes and Communities Agency,] the Common Council or a local authority, an authorisation under this section—
(a)may only be granted or varied with its written consent; and
(b)shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.
(4)[F96Subject to subsection (5A), where], by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
(5)[F97Subject to subsection (5A), subsection] (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by—
(a)a committee or sub-committee, or a member, officer or employee, of the body or person, or
(b)a joint committee on which the body or person is represented,
except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
[F98(5A)Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by a local authority which are operating executive arrangements—
(a)that duty shall be treated as a function of that local authority for the purposes of section 13 of the Local Government Act 2000; and
(b)if, or to the extent that, that duty is a function which is the responsibility of the executive of that authority—
(i)subsections (4) and (5) above shall not apply; and
(ii)sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.]
(6)Subsection (1) above does not apply—
(a)in relation to functions under this section;
(b)in relation to any function of making appointments under subsection (1) of section 67 below (which, subject to the provisions of Schedule 4 to this Act, shall be exercisable only by the Mayor); or
(c)in relation to any function under Part X below (in relation to which provision for delegation is made under that Part).
(7)Each of the following bodies, namely—
(a)Transport for London,
F99(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F100(ba)any Mayoral development corporation,]
[F101(bb)the Homes and Communities Agency,]
(c)the Common Council,
(d)any local authority,
shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
(8)Subsections (3) and (4) of section 101 of the M15Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor—
(a)to a local authority, [F102or]
(b)to Transport for London, F103...
F103(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as they apply to arrangements under that section between one local authority and another.
[F104(8A)An authorisation given by the Mayor under subsection (1) above to a Mayoral development corporation in relation to a function does not prevent the Mayor from exercising the function.]
[F105(8B)An authorisation given by the Mayor under subsection (1) above to the Homes and Communities Agency in relation to a function does not prevent the Mayor from exercising the function.]
(9)An authorisation under this section may be varied or revoked at any time by the Mayor.
(10)Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
[F106(11)For the purposes of this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.]
Textual Amendments
F90S. 38(2)(d) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F91S. 38(2)(da) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 46(2)
F92S. 38(2)(db) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 37(2); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)
F93S. 38(2A) inserted (6.4.2009 for E.W.) by Planning Act 2008 (c. 29), ss. 224(4), 241(8) (with s. 226); S.I. 2009/400, art. 3(m)
F94S. 38(2B)(2C) inserted (1.10.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 28(1), 35(1); S.I. 2013/2143, art. 2(c)
F95Words in s. 38(3) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 37(3); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)
F96Words in s. 38(4) substituted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(a)
F97Words in s. 38(5) substituted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(b)
F98S. 38(5A) inserted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(c)
F99S. 38(7)(b) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F100S. 38(7)(ba) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 46(3)
F101S. 38(7)(bb) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 37(4); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)
F102Word in s. 38(8) inserted (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 20 para. 5; S.I. 2012/628, art. 4(c)
F103S. 38(8)(c) and word repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F104S. 38(8A) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 46(4)
F105S. 38(8B) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 37(5); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)
F106S. 38(11) added (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(d)
Modifications etc. (not altering text)
C24Ss. 38-39 excluded (19.6.2008) by The European Regional Development Fund (London Operational Programme) (Implementation) Regulations 2008 (S.I. 2008/1342), regs. 1(1), 7(2)
C25S. 38(1) excluded (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004, 1.1.2004 for E.) by Local Government Act 2003 (c. 26), ss. 3(9), 128(6); S.I. 2003/2938, art. 5 (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 3)
C26S. 38(1) excluded by 2004 c. 5, s. 15(10) (as inserted (E.W.) (23.10.2007 for specified purposes, 27.6.2008 so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(11), 59(4)(b)); S.I. 2008/1372, art. 2
C27S. 38(1) excluded by 1990 c. 8, s. 2B(8) (as inserted (E.W.) (23.10.2007 for specified purposes, 6.4.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 31(2), 59(4)(b); S.I. 2008/582, art. 2(a))
C28S. 38(7) restricted (E.) (30.3.2006) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 34(5), 40(1)(e)
Marginal Citations
(1)Where any functions exercisable on behalf of the Authority by the Mayor are, by virtue of an authorisation under section 38(1) above, also exercisable by one or more local authorities, the Mayor and those authorities may enter into arrangements under section 101(5) of the M16Local Government Act 1972 for the joint discharge of the functions by a joint committee.
(2)Where—
(a)a statutory function of the Authority is exercisable, or has been exercised, by the Mayor acting on behalf of the Authority, and
(b)the exercise, or any particular exercise, of that function will or may affect, or be affected by, the exercise, or any particular exercise, of statutory functions of local authorities (whether or not the functions are the same in the case of each such authority),
the Mayor and those authorities may enter into arrangements under section 101(5) of the M17Local Government Act 1972 for the joint exercise of any of the statutory functions mentioned in paragraph (a) or (b) above by a joint committee, as if those functions were exercisable by the Mayor acting on behalf of the Authority and by each local authority.
(3)For the purposes of subsection (2) above, the exercise of a function shall be taken to affect, or be affected by, the exercise of another function if the functions are exercisable for the same, or for similar or connected, purposes or in relation to the same, or similar or connected, subject matter.
(4)For the purposes of subsections (1) and (2) above, sections 101(5) and 102 to 106 of the M18Local Government Act 1972 shall have effect as if the Authority acting by the Mayor were a local authority.
(5)Any arrangements made by virtue of subsection (1) or (2) above for the discharge of any functions by a joint committee (or by a sub-committee of a joint committee) shall not prevent the Mayor or any local authority, or the joint committee by whom the arrangements are made, from exercising the functions.
(6)A person who is disqualified under section 21 above from being elected or being the Mayor or an Assembly member, otherwise than by reason only of being a member of staff of the Authority, shall be disqualified from being a member of a joint committee established by virtue of subsection (1) or (2) above or of any sub-committee of such a committee.
(7)Subject to that, the Mayor or any other individual may be appointed as a representative of the Authority on any joint committee established by virtue of subsection (1) above and any such representative may be appointed as a member of any sub-committee of such a joint committee.
(8)Any reference in this section to a local authority includes a reference to the Common Council.
Modifications etc. (not altering text)
C24Ss. 38-39 excluded (19.6.2008) by The European Regional Development Fund (London Operational Programme) (Implementation) Regulations 2008 (S.I. 2008/1342), regs. 1(1), 7(2)
Marginal Citations
Textual Amendments
F107S. 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)
(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.]
(1)Part II of the M19Deregulation and Contracting Out Act 1994 (contracting out) shall be amended as follows.
(2)In section 70 (functions of local authorities) in subsection (1)(b), after section 56 of the Local Government (Scotland) Act 1973 there shall be inserted “ or section 38 or 380 of the Greater London Authority Act 1999 ”.
(3)After subsection (5) of that section (which implies certain terms into arrangements under section 101 of the M20Local Government Act 1972 etc) there shall be inserted—
“(6)Any reference in subsection (5) above to arrangements under section 101 of the M21Local Government Act 1972 includes a reference to an authorisation under section 38 or 380 of the Greater London Authority Act 1999.”
(4)In section 79(1) (interpretation of Part II) in the definition of local authority, in paragraph (a), after London borough council, there shall be inserted “ the Greater London Authority acting through the Mayor of London, ”.
(1)This section applies to—
(a)the transport strategy prepared and published under section 142 below,
[F108(b)the Economic development strategy for London prepared and published under section 333F below,]
[F109(bb)the health inequalities strategy prepared and published under section 309E below,]
[F110(bc)the London housing strategy prepared and published under section 333A below,]
(c)the spatial development strategy prepared and published under Part VIII below,
[F111(ca)the London Environment Strategy,]
F112(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F112(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F112(ee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F112(ef). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F112(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F112(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)the culture strategy prepared and published under section 376 below.
(2)The Mayor shall keep each of the strategies mentioned in subsection (1) above under review and shall make such revisions of those strategies as he considers necessary.
(3)Subsection (2) above does not apply in relation to the spatial development strategy (for which separate provision as to review is made by section 340 below).
(4)In preparing or revising any strategy mentioned in subsection (1) above, the Mayor shall have regard to—
(a)the principal purposes of the Authority;
(b)the effect which the proposed strategy or revision would have on [F113each of the following] —
(i)the health of persons in Greater London;
[F114(ia)health inequalities between persons living in Greater London;]
(ii)the achievement of sustainable development in the United Kingdom;
[F115(iii)climate change, and the consequences of climate change; and]
(c)the matters specified in subsection (5) below.
(5)Those matters are—
(a)the need to ensure that the strategy is consistent with national policies[F116, with the EU obligations of the United Kingdom and with such other international obligations of the United Kingdom] as the Secretary of State may notify to the Mayor for the purposes of this paragraph;
(b)the need to ensure that the strategy is consistent with each other strategy mentioned in subsection (1) above;
(c)the resources available for implementation of the strategy; and
(d)the desirability of promoting and encouraging the use of the River Thames safely, in particular for the provision of passenger transport services and for the transportation of freight.
(6)The Mayor—
(a)in considering whether any strategy mentioned in subsection (1) above needs to be revised,
(b)in implementing any such strategy, or
(c)in exercising in relation to the spatial development strategy any of his functions under sections 334 to 341 below,
shall have regard to the matters specified in subsection (5) above.
(7)Where the Mayor prepares or revises any strategy mentioned in subsection (1) above, he shall include such of the available policies and proposals relating to the subject matter of the strategy as he considers best calculated—
(a)to promote improvements in the health of persons in Greater London,
[F117(aa)to promote the reduction of health inequalities between persons living in Greater London, and
(b)to contribute towards the achievement of sustainable development in the United Kingdom][F118, and
(c)to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,]
except to the extent that he considers that any action that would need to be taken by virtue of paragraph (a)[F119, (aa)][F120, (b) or (c)] above is not reasonably practicable in all the circumstances of the case.
(8)In subsection (7)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the strategy or revision.
[F121(8A)In subsection (7)(aa) above, the reference to promoting the reduction of health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the strategy or revision.]
(9)The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above[F122, except the London housing strategy,] as he may consider appropriate, having regard to—
(a)any related targets or objectives set nationally; and
(b)any performance indicators set by the Secretary of State, whether nationally or locally, which affect the exercise of functions by authorities involved in the implementation of the strategy;
and in setting any such targets the Mayor shall seek to secure that they are not less demanding than any related targets or objectives which are set nationally.
[F123(9A)In exercising any function the Mayor must have regard to any strategy mentioned in subsection (1) which is relevant to the exercise of that function.]
F124(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F125(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F126(12)In this section—
(a)“climate change” has the same meaning as in section 361A below, and
(b)in relation to climate change, “adaptation”, “consequences” and “mitigation” have the same meaning as in that section.]
Textual Amendments
F108S. 41(1)(b) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 192(3), 240(2); S.I. 2012/1008, art. 3(b) (with arts. 7, 9-11)
F109S. 41(1)(bb) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(2), 59(7); S.I. 2008/113, art. 2(d)
F110S. 41(1)(bc) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(2), 59(5)
F111S. 41(1)(ca) inserted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 2(2)(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F112S. 41(1)(d)-(g) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 2(2)(b), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F113Words in s. 41(4)(b) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(3)(a), 59(7); S.I. 2008/113, art. 2(d)
F114S. 41(4)(b)(ia) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(3)(b), 59(7); S.I. 2008/113, art. 2(d)
F115S. 41(4)(iii) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(2), 59(7); S.I. 2008/113, art. 2(i)
F116Words in s. 41(5)(a) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 227(2), 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)
F117S. 41(7)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(4)(a), 59(7); S.I. 2008/113, art. 2(d)
F118S. 41(7)(c) and word inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(3)(a), 59(7); S.I. 2008/113, art. 2(i)
F119Word in s. 41(7) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(4)(b), 59(7); S.I. 2008/113, art. 2(d)
F120Words in s. 41(7) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(3)(b), 59(7); S.I. 2008/113, art. 2(i)
F121S. 41(8A) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(5), 59(7); S.I. 2008/113, art. 2(d)
F122Words in s. 41(9) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(3), 59(5)
F123S. 41(9A) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 227(3), 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)
F124S. 41(10) repealed (3.5.2012) by Localism Act 2011 (c. 20), ss. 227(4), 240(2), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(c)(f) (with arts. 7, 9-11)
F125S. 41(11) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 2(3), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F126S. 41(12) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(4), 59(7); S.I. 2008/113, art. 2(i)
Modifications etc. (not altering text)
C29S. 41(4)(b)(c) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1
C30S. 41(5) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1) (with s. 6(12)(13)); S.I. 2011/3019, art. 3, Sch. 1
C31S. 41(6)(a)(b) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1
C32S. 41(7)-(8A) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1
C33S. 41(10)-(12) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1
(1)In preparing or revising any strategy to which this section applies the Mayor shall consult—
(a)the Assembly,
(b)the functional bodies,
(c)each London borough council,
(d)the Common Council, and
(e)any other body or person whom he considers it appropriate to consult.
(2)In determining what consultation (if any) is appropriate under subsection (1)(e) above, the bodies which, and persons whom, the Mayor considers consulting must include bodies of each of the descriptions specified in section 32(3) above.
(3)The strategies to which this section applies are those mentioned in section 41(1) above, other than the spatial development strategy (for which separate provision as to consultation and other aspects of public participation is made by Part VIII below).
(4)Subsection (1) above is without prejudice to any other duty imposed on the Mayor in relation to consultation.
F127(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In any case where—
(a)the Mayor proposes to revise any of the strategies to which this section applies, and
(b)he considers that the proposed revisions will not materially alter the strategy in question,
the Mayor is not required to carry out consultation in accordance with this section.
Textual Amendments
F127S. 42(5) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(f) (with arts. 7, 9-11)
Modifications etc. (not altering text)
C34S. 42 excluded (3.7.2000) by 1998 c. 45, s. 7B(6) (as inserted (3.7.2000) by 1999 c. 29, s. 307 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
C35S. 42(1) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(c), 157(1); S.I. 2011/3019, art. 3, Sch. 1
C36S. 42(6) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(c), 157(1); S.I. 2011/3019, art. 3, Sch. 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F128S. 42A repealed (3.5.2012) by Localism Act 2011 (c. 20), ss. 228(1), 240(2), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(c)(f) (with arts. 7, 9-11)
(1)This section applies where the Mayor has prepared, and is ready to publish, a draft of any of the strategies to which section 41 applies (including a revised version of the strategy).
(2)But this section does not apply to a revised version of a strategy containing only revisions which—
(a)are specified in a direction as to the contents of the strategy which is given to the Mayor under this Act (or which the Mayor considers are necessary in consequence of any revisions so specified); or
(b)are not so specified but the Mayor considers to be necessary to comply with such a direction.
(3)Before publishing the strategy (or, in the case of the housing strategy, before submitting the draft to the Secretary of State) the Mayor must lay a copy of the draft before the Assembly in accordance with the standing orders of the Authority.
(4)The Mayor must not publish the strategy (or, in the case of the housing strategy, submit the draft to the Secretary of State) if, within the period of 21 days beginning with the day on which the copy is laid before the Assembly, the Assembly resolves to reject the draft.
(5)A motion for the Assembly to reject a draft strategy—
(a)must be considered at a meeting of the Assembly throughout which members of the public are entitled to be present; and
(b)is not carried unless it is agreed to by at least two thirds of the Assembly members voting.]
Textual Amendments
F129S. 42B inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 229, 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)
(1)The Mayor shall take such steps as in his opinion will give adequate publicity to the current version of each strategy to which section 42 above applies.
(2)The Mayor shall send to the Common Council and to each London borough council a copy of the current version of each strategy mentioned in section 41(1) above.
(3)A copy of the current version of each such strategy shall be kept available by the Mayor for inspection by any person on request free of charge—
(a)at the principal offices of the Authority, and
(b)at such other places as the Mayor considers appropriate,
at reasonable hours.
(4)A copy of the current version of each such strategy, or any part of such a strategy, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.
[F130(4A)But if a copy of the current version of the spatial development strategy is available for inspection free of charge by appropriate electronic means, subsections (3) and (4) do not apply in relation to the current version of that strategy.
(4B)For the purposes of subsection (4A), a copy of the current version of the spatial development strategy is available for inspection “by appropriate electronic means” if arrangements have been made such that it is available for inspection by electronic means in a reasonably convenient way.
(4C)Before making any arrangements for the purposes of subsection (4B), the Mayor must have regard to any guidance issued by the Secretary of State as to—
(a)how a copy of the current version of the spatial development strategy should be made available by electronic means;
(b)the arrangements (if any) that may be appropriate to mitigate the effects on a person of not being able to inspect a copy of the strategy, or finding it difficult to do so, by electronic means.]
(5)Any reference in this section to the current version of a strategy or part of a strategy is a reference—
(a)in the case of the spatial development strategy, to that strategy as last published, whether originally or by way of replacement, and to any published alteration thereof for the time being having effect; and
(b)in the case of any other strategy, to that strategy as last published, whether originally or as revised.
Textual Amendments
F130S. 43(4A)-(4C) inserted (temp.) (E.W.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 21(1), 25(4) (with s. 21(2))
Modifications etc. (not altering text)
C37S. 43 applied (with modifications) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(e), 157(1) (with s. 6(14)); S.I. 2011/3019, art. 3, Sch. 1
(1)In relation to each strategy mentioned in section 41(1) above, where the Mayor has not published the strategy and the Secretary of State considers that the Mayor is not taking such steps as are necessary to prepare the strategy, he may issue a direction to the Mayor under subsection (2) below.
(2)A direction under this subsection may direct the Mayor to prepare and publish the strategy within such period as the direction shall specify.
(3)Where the Secretary of State issues a direction to the Mayor under subsection (1) above, the Mayor shall comply with the direction.
Modifications etc. (not altering text)
C38S. 44 applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(f), 157(1); S.I. 2011/3019, art. 3, Sch. 1
(1)The Mayor shall, not later than [F1315] clear working days before the first meeting of the Assembly held pursuant to subsection (3) of section 52 below, and thereafter not later than [F1315] clear working days before each subsequent meeting of the Assembly held pursuant to that subsection, submit a written report to the Assembly.
(2)A report required to be submitted by the Mayor under subsection (1) above shall relate to the period since the submission of the previous report or, in the case of the first such report, to the period since the first ordinary election and shall include—
(a)notification of decisions taken by the Mayor which he considers to be of significance;
(b)the reasons for which the Mayor took the decisions mentioned in paragraph (a) above; and
(c)the response of the Mayor to proposals submitted by the Assembly under section 60 below.
(3)The Mayor shall attend every meeting of the Assembly held pursuant to section 52(3) below and shall, subject to subsection (6) below, answer questions put to him at any such meeting by Assembly members about matters in relation to which statutory functions are exercisable by him.
(4)The Mayor shall—
(a)so far as reasonably practicable, answer any such question orally at the meeting at which it is put, or
(b)if for any reason it is not reasonably practicable to do that, provide a written answer before the end of the third working day following the day on which the question was asked at the meeting,
(subject, in either case, to subsection (6) below).
(5)For the purposes of subsection (4)(b) above, the day on which a question is asked at a meeting is—
(a)in the case of an oral question, the day on which the question is first asked at the meeting; or
(b)in the case of a written question, the day on which the question is first raised at the meeting.
(6)The duty of the Mayor under subsection (3) or (4) above shall not require him to disclose advice received by him from—
(a)a person appointed under section 67(1) or (2)[F132, 72(1), 73(1) or 127A(1)] below,
(b)a functional body,
(c)a member of a functional body, or
(d)a member of staff of a functional body,
[F133except as provided by subsection (7) below.]
(7)[F134Where—
(a)the Mayor receives advice from a person falling within paragraph (b), (c) or (d) of subsection (6) above, and
(b)the functional body mentioned in that paragraph is the [F135Mayor's Office for Policing and Crime] or the London Fire and Emergency Planning Authority,
the Mayor is not relieved by subsection (6) above from any requirement to disclose the advice, if or to the extent that the advice falls within subsection (8) below.]
(8)[F134Advice given to the Mayor by a [F136person falling within paragraph (b), (c) or (d) of subsection (6) above] falls within this subsection if it has been disclosed—
(a)at a meeting of, or of a committee or sub-committee of, the functional body [F137concerned]at a time when the meeting was open to members of the public by virtue of Part VA of the M22Local Government Act 1972 (access to meetings and documents); or
(b)in a document which has been open to inspection by members of the public by virtue of that Part of that Act.]
(9)Any reference in this section to a member of staff of a functional body includes a reference to an officer or employee of that body.
(10)For the purposes of this section, a day is a working day unless it is—
(a)a Saturday or Sunday;
(b)Christmas Eve, Christmas Day, Maundy Thursday or Good Friday;
(c)a day which is a Bank Holiday in England under the M23Banking and Financial Dealings Act 1971; or
(d)a day appointed for public thanksgiving or mourning.
Textual Amendments
F131Word in s. 45(1) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 3(2), 59(7); S.I. 2008/113, art. 2(a)
F132Words in s. 45(6) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(2), 59(7); S.I. 2008/113, art. 2(a)
F133Words in s. 45(6) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 4(2)
F134S. 45(7)(8) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 4(3)
F135Words in s. 45(7)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 49; S.I. 2011/3019, art. 3, Sch. 1
F136Words in s. 45(8) substituted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 4(a)
F137Word in s. 45(8)(a) inserted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 4(b)
Marginal Citations
(1)As soon as practicable after the end of each financial year the Mayor shall prepare a report on the exercise by him of statutory functions during the year (an annual report).
(2)An annual report shall include—
(a)an assessment of the Mayor’s progress in implementing the strategies required to be prepared and published by him under this Act F138...;
(b)a statement of any targets for the time being in force under section 41(9) above with respect to the implementation of those strategies and an assessment of the progress made by authorities involved in the implementation of those strategies towards achieving those targets;
(c)a summary of information which relates to the Authority’s performance of its statutory functions and which the Authority is required to publish under or by virtue of any enactment; and
(d)information of such descriptions as the Assembly, prior to the beginning of the financial year to which the annual report relates, has notified to the Mayor that it wishes to be included in the annual report.
(3)As soon as practicable after preparing an annual report, the Mayor—
(a)shall send a copy of the report to the Assembly; and
(b)shall publish the report.
(4)The annual report shall not be published until after the Mayor has sent a copy to the Assembly pursuant to subsection (3)(a) above.
(5)A copy of the annual report sent to the Assembly shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
(6)A copy of the annual report sent to the Assembly, or any part of that report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
(7)In this section the appropriate period in the case of an annual report is the period of six years beginning with the date of publication of that report pursuant to this section.
Textual Amendments
F138Words in s. 46(2)(a) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
(1)The Mayor shall once in every financial year hold and attend a meeting under this section (in this section referred to as a State of London debate) which shall be open to all members of the public.
(2)The form of, and procedure for, a State of London debate shall be such as the Mayor may determine after consultation with the Assembly, but must be such that there is an opportunity for members of the public to speak.
(3)The power to determine the form of, and procedure for, a State of London debate includes power to appoint a person to preside.
(4)Any person may be appointed to preside at a State of London debate, whether or not he has any connection with the Authority.
(5)A member of the public who attends or speaks at a State of London debate shall do so subject to and in accordance with the procedure for the State of London debate.
(6)A State of London debate shall be held on a date to be determined by the Mayor—
(a)during April, May or June in each successive period of twelve months beginning with 1st April 2001, and
(b)at least 7 days after the publication under section 46 above of the annual report relating to the financial year last ended.
(7)At least one month prior to the date on which the State of London debate is to be held, the Mayor—
(a)shall determine the place at which the meeting is to be held; and
(b)shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.
Modifications etc. (not altering text)
(1)The Mayor and the Assembly shall twice in every financial year hold and attend a meeting under this section (in this section referred to as a People’s Question Time) which shall be open to all members of the public.
(2)The purpose of a People’s Question Time is to afford an opportunity to members of the public to put questions to the Mayor and Assembly members and to enable the Mayor and Assembly members to respond.
(3)The form of, and procedure for, a People’s Question Time shall be such as the Mayor may determine after consultation with the Assembly.
(4)The power to determine the form of, and procedure for, a People’s Question Time includes power to appoint a person to preside.
(5)Any person may be appointed to preside at a People’s Question Time, whether or not he has any connection with the Authority.
(6)A member of the public who attends or speaks at a People’s Question Time shall do so subject to and in accordance with the procedure for the People’s Question Time.
(7)A People’s Question Time shall be held on a date to be determined by the Mayor, after consultation with the Assembly, but which is not less than—
(a)one month before, or
(b)one month after,
a State of London debate held pursuant to section 47(1) above.
(8)At least one month prior to the date on which each People’s Question Time is to be held, the Mayor—
(a)shall determine the place at which the meeting is to be held; and
(b)shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.
Modifications etc. (not altering text)
(1)There shall be a Deputy Mayor of London (the Deputy Mayor).
(2)The Deputy Mayor shall have such functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.
(3)The Deputy Mayor shall be appointed by the Mayor from among the Assembly members.
(4)A person must not hold the offices of Deputy Mayor and Chair of the Assembly at the same time.
(5)If the Mayor appoints as Deputy Mayor the person who is the Chair of the Assembly, a vacancy shall arise in the office of Chair of the Assembly.
(6)Subsections (4) and (5) above apply in relation to the Deputy Chair of the Assembly as they apply in relation to the Chair of the Assembly.
(7)A person appointed Deputy Mayor shall not act in that office unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.
(8)A person shall cease to be the Deputy Mayor if—
(a)he ceases to be an Assembly member;
(b)he at any time gives notice of resignation as the Deputy Mayor to the proper officer of the Authority; or
(c)the Mayor at any time gives him notice terminating his appointment as Deputy Mayor.
(9)A person who ceases to be Deputy Mayor shall be eligible for reappointment.
(1)There shall be—
(a)an office of Chair of the London Assembly (the Chair of the Assembly); and
(b)an office of Deputy Chair of the London Assembly (the Deputy Chair of the Assembly).
(2)The Chair of the Assembly shall have—
(a)the function of chairing meetings of the Assembly; and
(b)such other functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.
(3)Subsection (2)(a) above is subject to any provision made by or under this Act or any other enactment, whenever passed or made, or by the standing orders of the Authority.
(4)The Deputy Chair of the Assembly shall have—
(a)the function of chairing meetings of the Assembly when authorised or required to do so by or under this Act or any other enactment, whenever passed or made, or in accordance with the standing orders of the Authority; and
(b)such other functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.
(1)The Chair of the Assembly and the Deputy Chair of the Assembly shall each be elected at a meeting of the Assembly.
(2)The Chair of the Assembly and the Deputy Chair of the Assembly must be elected from among the members of the Assembly.
(3)A person must not hold the offices of Chair of the Assembly and Deputy Chair of the Assembly at the same time except as provided by subsection (7) below.
(4)The Deputy Mayor is not eligible to be the Chair of the Assembly or the Deputy Chair of the Assembly.
(5)If the Deputy Chair of the Assembly is elected to fill a vacancy in the office of Chair of the Assembly, a vacancy shall occur in the office of Deputy Chair of the Assembly.
(6)If a vacancy occurs in the office of Chair of the Assembly or Deputy Chair of the Assembly, the first business at the next meeting of the Assembly shall be to fill the vacancy.
(7)If a vacancy occurs in the office of Chair of the Assembly and there is a person who is the Deputy Chair of the Assembly, that person shall (subject to the other provisions of this Act or any other enactment) also be the Chair of the Assembly until such time as the vacancy is filled in accordance with subsection (6) above.
(8)A person elected Chair of the Assembly or Deputy Chair of the Assembly shall not act in that office unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.
(1)The Assembly may hold, in addition to any meetings required to be held by or under this section or any other enactment, such other meetings as it may determine.
(2)Before the expiration of the period of ten days following the day of the poll at an ordinary election, there shall be a meeting of the Assembly to elect—
(a)the Chair of the Assembly; and
(b)the Deputy Chair of the Assembly.
(3)On such ten occasions in each calendar year as the Assembly may determine, there shall be a meeting of the Assembly—
(a)to consider the written report submitted for the meeting by the Mayor under section 45 above,
(b)to enable Assembly members to put—
(i)oral or written questions to the Mayor, and
(ii)oral questions to any employees of the Authority who are required to attend such meetings and answer questions put to them by Assembly members; and
(c)to transact any other business on the agenda for the meeting.
(4)The first meeting under subsection (3) above after an ordinary election shall be held not later than 25 days after the day of the poll at the election.
[F139(4A)There must be at least 21 clear days between a meeting under subsection (3) above and the last such meeting before it, but this does not apply to the gap between the first such meeting after an ordinary election and the last such meeting before that election.]
(5)Notice of the time and place of any meeting of the Assembly—
(a)shall be given to the Mayor and the Assembly members, and
(b)shall be published,
in accordance with the standing orders of the Authority.
(6)In the case of a meeting of the Assembly under subsection (3) above, the notice required by subsection (5) above must be given and published—
(a)if the meeting is the first such meeting after an ordinary election, as soon as reasonably practicable after the day of the poll at that election; or
(b)in any other case, at least [F14014] clear days before the meeting.
F141(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)An extraordinary meeting of the Assembly may be called at any time by the Chair of the Assembly.
(9)If—
(a)the Chair of the Assembly refuses to call an extraordinary meeting of the Assembly after a requisition for that purpose, signed by five Assembly members, has been presented to him, or
(b)if, without so refusing, the Chair of the Assembly does not call an extraordinary meeting within seven days after such a requisition has been presented to him,
any five Assembly members may forthwith call an extraordinary meeting of the Assembly.
(10)Section 54 below shall not apply in relation to any function of the Assembly under this section.
Textual Amendments
F139S. 52(4A) inserted (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 69(2); S.I. 2003/2938, art. 2(a) (with art. 8, Sch.)
F140Word in s. 52(6)(b) substituted (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 69(3); S.I. 2003/2938, art. 2(a) (with art. 8, Sch.)
F141S. 52(7) repealed (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 69(4), Sch. 8 Pt. 1; S.I. 2003/2938, art. 2(a)(h)(iv) (with art. 8, Sch.)
Modifications etc. (not altering text)
C41S. 52(3) modified (E.) (4.4.2020) by The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 (S.I. 2020/392), regs. 1, 7(d) (with reg. 2(4))
(1)All questions coming before, or to be decided by, the Assembly shall be decided by a majority of the members of the Assembly present and voting at a meeting of the Assembly.
(2)In the case of an equality of votes, the person chairing the meeting of the Assembly shall have a second or casting vote.
(3)Subsections (1) and (2) above are subject to any provision to the contrary contained in this or any other enactment.
(4)The Assembly may determine its own procedure and that of its committees and sub-committees (including quorum).
(5)Subsection (4) above is subject to—
(a)subsections (1) and (2) above;
(b)sections 50 to 52 above;
(c)section 56 below;
(d)Schedules 6 and 7 to this Act; and
(e)any other provision made by or under this Act or any other Act (whenever passed) which regulates, or provides for the regulation of, the procedure of the Assembly or committees of the Assembly.
(1)The Assembly may arrange for any of the functions exercisable by it to be discharged on its behalf—
(a)by a committee or sub-committee of the Assembly; or
(b)by a single member of the Assembly.
F142(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where by virtue of this section any functions exercisable by the Assembly may be discharged by a committee of the Assembly, then, unless the Assembly otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or by a single member of the Assembly.
(4)Where by virtue of this section any functions exercisable by the Assembly may be discharged by a sub-committee of the Assembly, then, unless the Assembly or the committee concerned otherwise directs, the sub-committee may arrange for the discharge of any of those functions by a single member of the Assembly.
(5)Any arrangements made under this section by the Assembly, or by a committee or sub-committee of the Assembly, for the discharge of any functions by—
(a)a committee or sub-committee of the Assembly,
(b)a member of the Assembly, or
(c)a member of staff of the Authority,
shall not prevent the Assembly, or the committee or sub-committee by whom the arrangements are made, from exercising those functions.
F143(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Subsections (1) to (3) of section 53 above shall apply in relation to a meeting of a committee or sub-committee of the Assembly as they apply in relation to a meeting of the Assembly.
(8)Subsections (1) to (5) above are subject to any express provision contained in this Act or any Act passed after this Act.
Textual Amendments
F142S. 54(2) repealed (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), s. 59(7), Sch. 2; S.I. 2008/113, art. 2(m)
F143S. 54(6) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 50; S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C42S. 54 excluded (prosp.) by 1999 c. 29, ss. 73(12), 425(2) (with Sch. 12 para. 9(1))
S. 54 excluded (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1988 c. 41, s. 115A(10) (as inserted (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1999 c. 29, s. 131(9) (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4
S. 54 excluded (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1998 c. 18, s. 11A(12) (as inserted (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1999 c. 29, s. 133(2), Sch. 8 para. 4 (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4
C43S. 54 excluded (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 7 para. 7(5); S.I. 2015/841, art. 3(p) (with Sch. para. 1) (as amended (27.6.2016) by S.I. 2016/675, art. 2)
C44S. 54(3) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 32(9), 157(1); S.I. 2011/3019, art. 3, Sch. 1
C45S. 54(5) excluded (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 32(6)(7), 157(1); S.I. 2011/3019, art. 3, Sch. 1
(1)For the purpose of discharging, in pursuance of arrangements under section 54(1)(a) above, any functions exercisable by the Assembly—
(a)the Assembly may appoint a committee of the Assembly (an ordinary committee); and
(b)an ordinary committee may appoint one or more sub-committees (ordinary sub-committees).
(2)Subject to the provisions of this section—
(a)the number of members, and
(b)their term of office,
shall be fixed in the case of an ordinary committee by the Assembly or, in the case of an ordinary sub-committee, by the appointing committee.
(3)An ordinary committee or sub-committee must not include any person who is not an Assembly member.
(4)The Assembly may appoint one or more committees (advisory committees) to advise it on any matter relating to the discharge of its functions.
(5)An advisory committee—
(a)may consist of such persons (whether Assembly members or not) appointed for such term as may be determined by the Assembly; and
(b)may appoint one or more sub-committees (advisory sub-committees) to advise the committee with respect to any matter on which the committee has been appointed to advise.
Modifications etc. (not altering text)
C46S. 55 excluded (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 32(6)(7), 157(1); S.I. 2011/3019, art. 3, Sch. 1
(1)Minutes of the proceedings of a meeting of the Assembly, or of any committee or sub-committee of the Assembly, shall be kept in such form as the Assembly may determine.
(2)Any such minutes shall be signed at the same or next suitable meeting of the Assembly, committee or sub-committee by the person presiding at that meeting.
(3)Any minute purporting to be signed as mentioned in subsection (2) above shall be received in evidence without further proof.
(4)For the purposes of subsection (2) above, the next suitable meeting of the Assembly, or of a committee or sub-committee of the Assembly, is their next following meeting or, where standing orders of the Authority provide for another meeting to be regarded as suitable, either the next following meeting or that other meeting.
(5)In the application of this section in the case of a meeting of the Assembly under section 52(3) above, minutes includes—
(a)the text of any question put pursuant to section 52(3) above at the meeting, and
(b)the text of the answer given to any such question,
whether the question was put, or the answer given, orally or in writing.
(1)Sections 15 to 17 of, and Schedule 1 to, the M24Local Government and Housing Act 1989 (political balance on committees etc) shall have effect in relation to the Assembly, so far as relating to the appointment of members of its committees, as if the Assembly were a relevant authority and its ordinary committees and advisory committees were ordinary or, as the case may be, advisory committees within the meaning of those provisions (and accordingly bodies to which section 15 of that Act applies).
(2)In the case of any committee of the Assembly, the first appointment of members of the committee shall be an occasion on which the duty imposed by subsection (1) of section 15 of that Act arises in relation to the committee.
Marginal Citations
(1)Part VA of the M25Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees) shall have effect as if—
(a)the Assembly were a principal council, and
(b)any committee or sub-committee of the Assembly were a committee or sub-committee of a principal council, within the meaning of that Part,
but with the following modifications.
(2)In the application of Part VA of that Act by subsection (1) above—
(a)any information furnished to the Authority and available to the Assembly shall be treated as information furnished to the Assembly;
(b)any offices of, or belonging to, the Authority shall be treated as also being offices of or belonging to the Assembly; and
(c)the proper officer of the Authority shall be taken to be the proper officer in relation to the Assembly.
(3)In the following provisions of that Act, namely—
(a)section 100A(2) (which requires the exclusion of the public from meetings and makes other provision to prevent disclosure of confidential information in breach of the obligation of confidence), and
(b)section 100D(4) (which prevents the inclusion in a list of documents of any document which would so disclose such information),
any reference to the disclosure (or likelihood of disclosure) of confidential information in breach of the obligation of confidence includes a reference to the disclosure of information of any of the descriptions specified in subsection (4) below without the consent of the relevant body concerned.
(4)The descriptions are—
(a)any information relating to the financial or business affairs of any particular person which was acquired in consequence of a relationship between that person and a relevant body;
(b)the amount of any expenditure proposed to be incurred by a relevant body under any particular contract, if and so long as disclosure would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the relevant body, whether the advantage would arise against the relevant body or another such person;
(c)any terms proposed or to be proposed by or to a relevant body in the course of negotiations for any particular contract, if and so long as disclosure would prejudice the relevant body in those or any other negotiations concerning the subject matter of the contract;
(d)the identity of any person as the person offering any particular tender for a contract for the supply of goods or services to a relevant body;
and in this subsection relevant body means Transport for London F144....
(5)In section 100C of that Act (inspection of minutes and other documents after meetings) any reference to the minutes of a meeting shall, in the case of a meeting of the Assembly under section 52(3) above, be taken to include a reference to—
(a)the text of any question put pursuant to section 52(3) above at the meeting, and
(b)the text of the answer given to any such question,
whether the question was put, or the answer given, orally or in writing.
(6)Nothing in section 100D of that Act (inspection of background papers) requires or authorises the inclusion in any such list as is referred to in subsection (1) of that section of any document which discloses anything which, by virtue of subsection (6) of section 45 above, is not required to be disclosed under subsection (3) or (4) of that section.
(7)In section 100E of that Act (application to committees and sub-committees) subsection (3)(a) shall have effect as if section 55 above were included among the enactments specified in section 101(9) of that Act.
(8)For the purposes of section 100F of that Act (additional rights of access to documents for members of principal councils) any document which is in the possession or under the control of the Authority and which is available to the Assembly shall be treated as a document which is in the possession or under the control of the Assembly.
(9)In the case of the Assembly, the register of members required to be maintained under section 100G(1) of that Act shall, instead of stating the ward or division which a member represents, state—
(a)whether the member is a London member or a constituency member; and
(b)if he is a constituency member, the Assembly constituency for which he is the member.
(10)For the purposes of section 100H(3) of that Act (acts which infringe copyright) the Authority shall be treated as a principal council.
(11)In the application in relation to the Assembly of Schedule 12A to that Act (access to information: exempt information) any reference to the authority includes a reference to the Authority.
Textual Amendments
F144Words in s. 58(4) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
Marginal Citations
(1)The Assembly shall keep under review the exercise by the Mayor of the statutory functions exercisable by him.
(2)For the purposes of subsection (1) above, the powers of the Assembly include in particular power to investigate, and prepare reports about,—
(a)any actions and decisions of the Mayor,
(b)any actions and decisions of any member of staff of the Authority,
(c)matters relating to the principal purposes of the Authority,
(d)matters in relation to which statutory functions are exercisable by the Mayor, or
(e)any other matters which the Assembly considers to be of importance to Greater London.
(1)Where the Assembly decides to do so, the Assembly may submit a proposal to the Mayor.
(2)Section 54 above shall not apply in relation to the function of the Assembly under subsection (1) above.
(1)Schedule 4A to this Act (confirmation hearings etc) has effect in any case where this section applies.
(2)This section applies in any case where the Mayor proposes to make an appointment to any of the offices specified in subsection (3) below.
(3)The offices are—
[F147London Fire Commissioner (see section 327A);]
[F147person appointed by the Mayor under section 67(1)(b) as the Deputy Mayor for Fire;]
chairman, or deputy chairman, of Transport for London (see section 154 and paragraph 3 of Schedule 10);
F148...
F149...
F150...
[F151person appointed to chair a Mayoral development corporation (see paragraph 1 of Schedule 21 to the Localism Act 2011);]
[F152Mayor’s representative as chair of the London Waste and Recycling Board (see section 356A below and article 4 of the London Waste and Recycling Board Order 2008);]
chair of the Cultural Strategy Group (see section 375 and paragraph 3 of Schedule 30);
chairman, or deputy chairman, of the London Pensions Fund Authority (see section 403).
[F153(4)This section also applies in any case where the Mayor's Office for Policing and Crime proposes to make an appointment, under section 19 of the Police Reform and Social Responsibility Act 2011, of a person to be the Deputy Mayor for Policing and Crime.]
[F154(4A)This section also applies in any case where the Mayor proposes to designate as the Deputy Mayor for Fire a person appointed under section 67(1)(b).
(4B)References in section 327H and Schedule 4A to appointment of a person as the Deputy Mayor for Fire (however expressed) include such a designation.]
(5)The Secretary of State may by order amend this section for the purpose of specifying further offices in subsection (3) above.
(6)The Secretary of State must consult—
(a)the Mayor, and
(b)the Assembly,
before making an order under subsection (5) above.]
Textual Amendments
F145S. 60A inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 4(1), 59(4)(b); S.I. 2008/113, art. 2(a)
F146Words in s. 60A title inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 20(2)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 6)
F147Words in s. 60A(3) inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 5(2)(a); S.I. 2018/227, art. 2(b)(i)
F148S. 60A(3) entry repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F149Words in s. 60A(3) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 20(2)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 6)
F150Words in s. 60A(3) omitted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 5(2)(b); S.I. 2018/227, art. 2(b)(i)
F151Words in s. 60A(3) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 47
F152Words in s. 60A(3) added (24.7.2008) by The London Waste and Recycling Board Order 2008 (S.I. 2008/2038), arts. 1(b), 21(2)
F153S. 60A(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 20(2)(c), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 6)
F154S. 60A(4A)(4B) inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 5(3); S.I. 2018/227, art. 2(b)(i)
(1)Subject to section 63 below, the Assembly may require any person to whom subsection (2), (3), (4) or (5) below applies—
(a)to attend proceedings of the Assembly for the purpose of giving evidence, or
(b)to produce to the Assembly documents in his possession or under his control.
(2)This subsection applies to—
(a)any person who is a member of staff of the Authority, or of any functional body, to whom sections 1 [F155 , 2 and 3A ] of the M26Local Government and Housing Act 1989 apply,
(b)any person who is the chairman of, or a member of, any functional body, and
(c)any person who has within the [F1568 years] prior to the date of the requirement to be imposed under subsection (1) above been the chairman of, or a member of, any functional body.
(3)This subsection applies to—
(a)any person who has within the [F1578 years] prior to the date of the requirement to be imposed under subsection (1) above had a contractual relationship with the Authority, and
(b)any person who is a member of, or a member of staff of, a body which has within the [F1588 years] prior to the date of the requirement to be imposed under subsection (1) above had such a relationship.
(4)This subsection applies to—
(a)any person who has within the [F1598 years] prior to the date of the requirement to be imposed under subsection (1) above received a grant from the Authority, and
(b)any person who is a member of, or a member of staff of, a body which has within the [F1608 years] prior to the date of the requirement to be imposed under subsection (1) above received such a grant.
(5)This subsection applies to—
(a)any person who is an Assembly member,
(b)any person who has within the [F1618 years] prior to the date of the requirement to be imposed under subsection (1) above been an Assembly member, and
(c)any person who has within the [F1628 years] prior to the date of the requirement to be imposed under subsection (1) above been the Mayor.
(6)A requirement imposed under subsection (1) above on a person falling within subsection (2) above—
(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with matters in relation to which statutory functions are exercisable by the Authority or any functional body, and
(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to those matters.
(7)A requirement imposed under subsection (1) above on a person falling within subsection (3) above—
(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the contractual relationship with the Authority, and
(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that contractual relationship.
(8)A requirement imposed under subsection (1) above on a person falling within subsection (4) above—
(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the grant received from the Authority, and
(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that grant.
(9)A requirement imposed under subsection (1) above on a person falling within subsection (5) above—
(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the exercise by the person attending of the functions of the Authority, and
(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to the exercise of those functions by that person.
(10)Nothing in this section shall require a person appointed under section 67(1) or (2) [F163, 72(1), 73(1) or 127A(1) ] below to—
(a)give any evidence, or
(b)produce any documents,
which disclose advice given by that person to the Mayor.
(11)Nothing in this section shall require a person who is—
(a)a member of a functional body, or
(b)a member of staff of a functional body,
to give any evidence, or produce any document, which discloses advice given to the Mayor by that person or[F164, except as provided by subsection (12) below,] by that functional body.
(12)[F165Subsection (11) above does not relieve a person from a requirement to give any evidence, or produce any document, which discloses advice given to the Mayor by—
F166(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the London Fire and Emergency Planning Authority,
if or to the extent that the advice falls within subsection (13) below.]
(13)[F165Advice given to the Mayor by a functional body falls within this subsection if it has been disclosed—
(a)at a meeting of, or of a committee or sub-committee of, the functional body at a time when the meeting was open to members of the public by virtue of Part VA of the M27Local Government Act 1972 (access to meetings and documents); or
(b)in a document which has been open to inspection by members of the public by virtue of that Part of that Act.]
(14)For the purposes of this section and sections 62 to 65 below—
(a)document means anything in which information is recorded in any form (and references to producing a document are to the production of the information in it in a visible and legible form, including the production of a copy of the document or an extract of the relevant part of the document),
(b)any reference to a member of staff of a body includes a reference to an officer or employee of that body, and
(c)any reference to proceedings is a reference to proceedings at a meeting.
Textual Amendments
F155Words in s. 61(2)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 203(3)(a), 245(5); S.I. 2008/172, art. 4(m)
F156Words in s. 61(2)(c) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(a), 59(7); S.I. 2008/113, art. 2(a)
F157Words in s. 61(3)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(b), 59(7); S.I. 2008/113, art. 2(a)
F158Words in s. 61(3)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(b), 59(7); S.I. 2008/113, art. 2(a)
F159Words in s. 61(4)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(c), 59(7); S.I. 2008/113, art. 2(a)
F160Words in s. 61(4)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(c), 59(7); S.I. 2008/113, art. 2(a)
F161Words in s. 61(5)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(d), 59(7); S.I. 2008/113, art. 2(a)
F162Words in s. 61(5)(c) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(d), 59(7); S.I. 2008/113, art. 2(a)
F163Words in s. 61(10) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(3), 59(7); S.I. 2008/113, art. 2(a)
F164Words in s. 61(11) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 6(2)
F165S. 61(12)(13) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 6(3)
F166S. 61(12)(a) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 51; S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C47S. 61(14) applied (with modifications) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 33(9)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1
Marginal Citations
(1)The powers of the Assembly under section 61(1) above may be exercised by and for the purposes of an ordinary committee of the Assembly, if the committee is expressly authorised to exercise those powers by the standing orders or by the Assembly, but may not be exercised by any individual Assembly member or by any member of staff of the Authority.
(2)Except in the case of a committee which is authorised by standing orders to exercise the powers of the Assembly under section 61(1) above, section 54 above shall not apply in relation to—
(a)the Assembly’s function of deciding to exercise its powers under section 61(1) above; or
(b)the Assembly’s function under subsection (1) above of authorising a committee to exercise those powers.
(3)In order to impose a requirement on a person under section 61(1) above the head of the Authority’s paid service must give him notice specifying—
(a)the time and place at which he is to attend and the matters about which he is to be required to give evidence, or
(b)the documents, or types of documents, which he is to produce, the date by which he is to produce them and the matters to which the document or documents relate.
(4)Where a requirement under section 61(1) above is imposed on a person to attend proceedings or produce documents on behalf of a body, the notice required to be given to him under subsection (3) above must also specify that body.
(5)A notice required by subsection (3) above to be given to a person must be given at least two weeks before the day on which the proceedings are to take place, or by which the documents are to be produced, unless he waives this right.
(6)A notice required by subsection (3) above to be given to a person shall be taken to have been given to him if it is sent by registered post or the recorded delivery service and—
(a)if he is a member of staff of the Authority or the chairman of, a member of, or a member of staff of a functional body, it is sent to his normal place of work,
(b)if he is a person required to attend proceedings or produce documents on behalf of a body, it is sent to the registered or principal office of the body,
(c)if he is any other individual, it is sent to his usual or last known address, or
(d)in the case of any person, where that person has given an address for service of the notice, it is sent to that address.
Modifications etc. (not altering text)
C48S. 62(3)-(6) applied (with modifications) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 33(9)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1
The Secretary of State may by order—
(a)prescribe categories of information which a person who is required under subsection (1)(a) of section 61 above to attend proceedings of the Assembly may refuse to give, or
(b)prescribe categories of documents which a person who is required under subsection (1)(b) of that section to produce documents may refuse to produce.
Modifications etc. (not altering text)
C49S. 63 applied (with modifications) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 33(9)(c), 157(1); S.I. 2011/3019, art. 3, Sch. 1
Commencement Information
I8S.63 partly in force: s.63 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2)
(1)A person to whom a notice under section 62(3) above has been given is guilty of an offence if he—
(a)refuses or fails, without reasonable excuse, to attend proceedings as required by the notice,
(b)refuses to answer any question which is properly put to him when attending any proceedings as required by the notice,
(c)refuses or fails, without reasonable excuse, to produce any document required by the notice to be produced by him, or
(d)intentionally alters, suppresses, conceals or destroys any document required by the notice to be produced by him.
(2)A person guilty of an offence under subsection (1) above is liable on summary conviction to—
(a)a fine not exceeding level 5 on the standard scale, or
(b)imprisonment for a term not exceeding three months.
(3)A person is not obliged by section 61 above to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.
Modifications etc. (not altering text)
C50S. 64 applied (with modifications) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 33(9)(d), 157(1); S.I. 2011/3019, art. 3, Sch. 1
(1)In its application by virtue of section 58 above, Part VA of the M28Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), so far as relating to any proceedings under section 61(1) above (the evidentiary proceedings), shall have effect with the following additional modifications.
(2)In section 100B (access to agenda and connected reports) any reference to a report for a meeting includes a reference to any document (other than the agenda) supplied before, and for the purposes of, the evidentiary proceedings (a relevant document).
(3)If a report or relevant document is supplied less than three clear days before the evidentiary proceedings, copies of the report or document shall be open to inspection by the public under subsection (1) of that section from the time such copies are available to Assembly members, notwithstanding anything in subsection (3) of section 100B.
(4)In section 100C (inspection of minutes and other documents after meetings)—
(a)any reference to the minutes of a meeting shall be taken to include a reference to a transcript or other record of evidence given in the course of the evidentiary proceedings; and
(b)any reference to a report for the meeting includes a reference to a relevant document.
(5)In section 100D (inspection of background papers) any reference in subsections (1) to (4) to background papers for a report (or part of a report) shall be taken as a reference to any additional documents supplied by a witness.
(6)In this section, additional documents supplied by a witness means documents supplied, whether before, during or after the evidentiary proceedings,—
(a)by a person attending to give evidence at the proceedings, and
(b)for the use of Assembly members in connection with the proceedings,
but does not include any document which is a relevant document.
(7)In section 100F (additional rights of access for members) subsections (2) to (4) shall not have effect in relation to documents which contain material relating to any business to be transacted at the evidentiary proceedings.
(8)In section 100H (supplemental provisions and offences) in subsection (6), in the definition of accessible documents—
(a)the reference in paragraph (d) to a report for the meeting includes a reference to a relevant document; and
(b)the reference in paragraph (e) to background papers for a report for a meeting shall be taken as a reference to any additional documents supplied by a witness.
Modifications etc. (not altering text)
C51S. 65 applied (with modifications) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 33(9)(e), 157(1); S.I. 2011/3019, art. 3, Sch. 1
Marginal Citations
Textual Amendments
F167S. 65A and cross-heading inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 6, 59(7); S.I. 2008/113, art. 2(a)
(1)As soon as reasonably practicable after the end of each financial year the Assembly shall prepare a report on the exercise of its functions during the year (an “annual report”).
(2)An annual report shall include a statement of what the Assembly considers that it has achieved during the year.
(3)As soon as reasonably practicable after preparing an annual report, the Assembly —
(a)shall send a copy of the report to the Mayor, and
(b)when it has done that, shall publish the report.
(4)A copy of the annual report sent to the Mayor shall be kept available for the appropriate period by the Assembly for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
(5)A copy of the annual report sent to the Mayor, or any part of that report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Assembly may determine.
(6)In this section “the appropriate period” in the case of an annual report is the period of six years beginning with the date of publication of that report pursuant to this section.]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F168S. 66 repealed (E.W.) (22.5.2012) by Local Government Act 2000 (c. 22), s. 108(3)(b)(c), Sch. 5 para. 34, Sch. 6; S.I. 2012/1358, art. 2
(1)The Mayor may appoint—
(a)not more than two persons as his political advisers; and
(b)not more than [F169eleven] other members of staff.
[F170(2)The head of the Authority's paid service, after consultation with the Mayor and the Assembly, and having regard, in particular, to—
(a)the resources available, and
(b)the priorities of the Authority,
may appoint such staff as he considers necessary for the proper discharge of the functions of the Authority.]
(3)Any appointment under subsection (1) or (2) above is an appointment as an employee of the Authority.
(4)No appointment under subsection (1) above shall be such as to extend beyond the term of office for which the Mayor was elected.
(5)Where the Mayor makes an appointment under subsection (1) above, he shall report to the Assembly in writing—
(a)the name of the person appointed,
(b)the post to which the person has been appointed, and
(c)the terms and conditions on which the person has been appointed.
(6)Section 7 of the M29Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any appointment under subsection (1)(b) or (2) above as if the Authority were a local authority.
(7)Section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to staff appointed under subsection (1) or (2) above as if the Authority were a relevant authority.
(8)Section 9(1), (9) and (11) of that Act (assistants for political groups) shall apply in relation to any appointment under subsection (1)(a) above as if—
(a)the Authority were a relevant authority; and
(b)any appointment to either of the posts in question were the appointment of a person in pursuance of that section.
Textual Amendments
F169Word in s. 67(1)(b) substituted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 7; S.I. 2018/227, art. 2(b)(i)
F170S. 67(2) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(1), 59(7) (with s. 7(5)-(7)); S.I. 2008/113, art. 2(a)
Marginal Citations
(1)The following provisions of the M30Local Government and Housing Act 1989, namely—
(a)section 1 (disqualification and political restriction of certain officers and staff), and
(b)sections 2 [F171 and 3A ] (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of that section,
shall have effect as if each of the bodies specified in subsection (2) below were a local authority.
(2)The bodies are—
(a)the Authority;
(b)Transport for London;
[F172(ba)a Mayoral development corporation.]
F173(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A person employed by the Authority by virtue of his appointment under section 67(1)(b) above shall not, by virtue only of subsections (1) and (2) above, be disqualified from being or becoming an unpaid member of Transport for London [F174or a Mayoral development corporation] F175....
[F176(3A)Subsections (1) and (2) above do not prevent a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire, from becoming or remaining a member of the Assembly or any other local authority within the meaning of sections 1, 2 and 3A of the Local Government and Housing Act 1989.]
(4)For the purposes of subsection (3) above, the unpaid members of any body are those members of the body who do not receive any remuneration (whether from the body, the Authority or any other source) which they would not receive if they were not members of the body.
(5)In section 2(3) of that Act, as it has effect in relation to the Authority by virtue of subsections (1) and (2)(a) above, any reference to the authority shall be taken to include a reference to the Mayor and a reference to the Assembly.
(6)In section 2 of that Act, so far as it has effect for the purposes of section 1 of that Act, the expression the statutory chief officers shall be taken to include a reference to the chief finance officer, within the meaning of section 127 below,—
(a)of Transport for London, [F177and
(aa)of a Mayoral development corporation,] F178...
F178(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
whether he is an officer, employee, member of staff or member of Transport for London [F179or, as the case may be, a Mayoral development corporation] F180....
[F181(6A)In the application of section 2 of that Act in relation to a Mayoral development corporation by virtue of subsections (1) and (2) above, any reference to the person designated under section 4 of that Act as its head of paid service is to be taken as a reference to the chief executive of the Mayoral development corporation.]
F182(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F171Words in s. 68(1)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 203(3)(b), 245(5); S.I. 2008/172, art. 4(m)
F172S. 68(2)(ba) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 48(2)
F173S. 68(2)(c) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F174Words in s. 68(3) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 48(3)
F175Words in s. 68(3) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F176S. 68(3A) inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 8; S.I. 2018/227, art. 2(b)(i)
F177S. 68(6)(aa) and word inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 48(4)(a)
F178S. 68(6)(b) and word repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F179Words in s. 68(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 48(4)(b)
F180Words in s. 68(6) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F181S. 68(6A) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 48(5)
F182S. 68(7) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
Marginal Citations
In section 80 of the M31Local Government Act 1972 (disqualification for election and holding office as member of a local authority) after subsection (2) there shall be inserted—
“(2AA)A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes—
(a)one or more persons appointed on the nomination of the Authority acting by the Mayor, and
(b)one or more members of one or more London borough councils appointed to the committee on the nomination of those councils,
shall be disqualified for being elected or being a member of any of those London borough councils.”
Marginal Citations
(1)A person appointed under section 67(1) above shall be employed on such terms and conditions (including conditions as to remuneration) as the Mayor thinks fit, within the financial resources available to the Authority.
(2)A person appointed under section 67(2) above shall be employed on such terms and conditions (including conditions as to remuneration) [F183as the head of the Authority's paid service, after consultation with the Mayor and the Assembly, thinks fit].
(3)A person appointed under section 67(1) above shall not be required to perform any work or services for the Assembly or any member of the Assembly, except in accordance with subsection (4) below.
(4)It shall be a condition of the employment of—
(a)any person appointed under section 67(1)(b) above, and
(b)any person holding a politically restricted post under the Authority, other than a person appointed under section 67(1)(a) above,
that he comply with the requirements of subsection (5) below.
(5)Those requirements are that the person—
(a)attends every meeting of the Assembly held pursuant to section 52(3) above which he is requested by the Assembly to attend; and
(b)answers any questions put to him by Assembly members at any such meeting.
(6)The requirement of subsection (5)(b) above is that the person shall—
(a)so far as reasonably practicable, answer any such question orally at the meeting at which it is put; or
(b)if for any reason it is not reasonably practicable to do that, provide a written answer before the end of the third working day following the day on which the question was first asked at the meeting.
(7)For the purposes of subsection (4)(b) above, any question whether a person holds a politically restricted post under the Authority shall be determined in accordance with sections 2 [F184 and 3A ] of the M32Local Government and Housing Act 1989 (politically restricted posts) as those sections have effect for the purposes of section 1 of that Act by virtue of section 68(1) above.
[F185(7A)Subsection (3) does not prevent—
(a)a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or
(b)a person appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire,
from being required to perform any work or services as an Assembly member.]
(8)In this section working day has the same meaning as in section 45 above.
Textual Amendments
F183Words in s. 70(2) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(2), 59(7) (with s. 7(5)-(7)); S.I. 2008/113, art. 2(a)
F184Words in s. 70(7) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 203(3)(c), 245(5); S.I. 2008/172, art. 4(m)
F185S. 70(7A) inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 9; S.I. 2018/227, art. 2(b)(i)
Modifications etc. (not altering text)
C52Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
C53Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
Marginal Citations
Section 117 of the M33Local Government Act 1972 (disclosure by officers of interests in contracts) shall apply in relation to employees of the Authority as if the Authority were a local authority and its employees were officers employed by that local authority.
Modifications etc. (not altering text)
C54Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
C55Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
Marginal Citations
[F186(1)The Mayor and the Assembly, acting jointly, shall appoint a person to be head of the Authority's paid service.
(1A)Section 4 of the Local Government and Housing Act 1989 (designation and reports of head of paid service) shall apply in relation to the Authority as if—
(a)the person appointed under subsection (1) above were a person designated under subsection (1)(a) of that section;
(b)the Authority were a relevant authority for the purposes of that section; and
(c)the Mayor and Assembly members were members of that authority.
(1B)Any appointment under subsection (1) above is an appointment as an employee of the Authority and—
(a)section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority;
(b)section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority.
(1C)The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit.]
[F187(2)A person must not at the same time be both—
(a)the head of the Authority's paid service appointed under subsection (1) above, and
(b)a member of staff appointed under section 67(1) above.]
(3)In the application of section 4 of the M34Local Government and Housing Act 1989 in relation to the Authority by virtue of [F188subsection (1A)] above, the following provisions shall have effect.
F189(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the head of paid service)—
(a)so far as relating to the provision of staff, [F190shall be discharged by the head of the Authority's paid service after consultation with the Mayor and the Assembly]; and
(b)so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.
(6)Any report prepared under subsection (2) (report by head of paid service) shall be a report to the Mayor and the Assembly.
(7)The references to functions in paragraphs (a) and (b) of subsection (3) (matters concerning which proposals may be made in a report under subsection (2)) shall be taken as references to the functions of the Authority, whether exercisable by the Mayor, the Assembly, or the Mayor and Assembly acting jointly.
(8)It shall be the duty of the Mayor personally to consider any report to the Mayor and Assembly under subsection (2).
(9)The meeting required by subsection (5) to be held to consider any such report shall be a meeting of the Assembly which must not be held until—
(a)the Mayor has submitted to the Chair of the Assembly a written statement of his views on the report; or
(b)the period of one month has elapsed since copies of the report were first sent to members of the Assembly without the Mayor having submitted any such statement;
and the reference in that subsection to section 101 of the M35Local Government Act 1972 (delegation) shall be taken as a reference to section 54 above.
(10)In considering any such report at any such meeting, the Assembly shall take account of any views on the report which have been expressed by the Mayor in a statement submitted under subsection (9)(a) above.
[F191(11)The head of the Authority's paid service may arrange for a member of staff of the Authority, other than a member of staff appointed under section 67(1) above, to exercise on his behalf any function exercisable by the head of paid service under section 67(2) or 70(2) above.]
Textual Amendments
F186S. 72(1)-(1C) substituted (E.W.) for s. 72(1) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(2), 59(7) (with s. 8(7)-(9)); S.I. 2008/113, art. 2(a)
F187S. 72(2) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(3), 59(7) (with s. 8(7)-(9)); S.I. 2008/113, art. 2(a)
F188Words in s. 72(3) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(4), 59(7) (with s. 8(7)-(9)); S.I. 2008/113, art. 2(a)
F189S. 72(4) repealed (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(5), 59(7), Sch. 2 (with s. 8(7)-(9)); S.I. 2008/113, art. 2(a)(m)
F190Words in s. 72(5)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(3), 59(7) (with s. 7(5)-(7)); S.I. 2008/113, art. 2(a)
F191S. 72(11) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(6), 59(7) (with s. 8(7)-(9)); S.I. 2008/113, art. 2(a)
Modifications etc. (not altering text)
C56Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
Marginal Citations
[F192(1)The Mayor and the Assembly, acting jointly, shall appoint a person to be the Authority's monitoring officer.
(1A)Section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) shall apply in relation to the Authority as if—
(a)the person appointed under subsection (1) above were a person designated under subsection (1)(a) of that section;
(b)the Authority were a relevant authority for the purposes of that section; and
(c)the Mayor and Assembly members were members of that authority.
(1B)Any appointment under subsection (1) above is an appointment as an employee of the Authority and—
(a)section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority;
(b)section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority.
(1C)The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit.]
[F193(2)A person must not at the same time be both—
(a)the Authority's monitoring officer appointed under subsection (1) above, and
(b)a member of staff appointed under section 67(1) above.]
(3)In the application of section 5 of the M36Local Government and Housing Act 1989 in relation to the Authority by virtue of [F194subsection (1A)] above, the following provisions shall have effect.
F195(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the monitoring officer)—
(a)so far as relating to the provision of staff, [F196shall be discharged by the head of the Authority's paid service after consultation with the Mayor and the Assembly]; and
(b)so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.
(6)For subsection (2) there shall be substituted—
“(2)It shall be the duty of the Greater London Authority’s monitoring officer, if at any time it appears to him that any proposal, decision or omission of a GLA body or person has given rise to, or is likely to or would give rise to—
(a)a contravention by that or any other GLA body or person of any enactment or rule of law or of any code of practice made or approved by or under any enactment, or
(b)any such maladministration or [F197 failure ] as is mentioned in Part III of the M37Local Government Act 1974 (Local Commissioners),
[F198(ba)a Mayoral development corporation, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]
to prepare a report to the Mayor and the Assembly with respect to that proposal, decision or omission.
In this subsection GLA body or person means—
(a)the Greater London Authority;
(b)Transport for London, when exercising any function of the Greater London Authority by virtue of section 38 of the Greater London Authority Act 1999;
F199(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F200(ca)the Homes and Communities Agency, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]
(d)the Mayor of London;
(e)the London Assembly;
(f)any committee or sub-committee of the London Assembly;
(g)any committee or sub-committee of Transport for London F199... when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 F199... of the Greater London Authority Act 1999;
[F201(ga)any committee or sub-committee of a Mayoral development corporation when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]
[F202(gb)any committee or sub-committee of the Homes and Communities Agency when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]
(h)any joint committee to which the Mayor of London has power to appoint members (whether or not the power is the subject of an authorisation under section 38(1) of the Greater London Authority Act 1999);
(j)the Deputy Mayor of London;
(k)any member of the London Assembly;
(l)any member of staff of the Greater London Authority;
(m)any member, or member of staff, of Transport for London F199... when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 F199... of the Greater London Authority Act 1999;
[F203(ma)any member, or member of staff, of a Mayoral development corporation when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]
[F204(mb)any member, or member of staff, of the Homes and Communities Agency when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]
and in the above definition of GLA body or person any reference to a member of staff of a body includes a reference to an officer or employee of that body.”
(7)The duties imposed on the Authority by subsection (5) (to consider any report and to ensure that during the period of suspension no step is taken for giving effect to any proposal or decision to which the report relates)—
(a)so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor (or, by virtue of an authorisation under section 38(1) above [F205or section 380 below], by a GLA body or person), shall be discharged by the Mayor;
(b)so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Assembly (or, by virtue of arrangements under section 54 above, by a GLA body or person), shall be discharged by the Assembly; and
(c)so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor and the Assembly acting jointly, shall be discharged separately—
(i)by the Mayor, as if the case fell within paragraph (a) above, and
(ii)by the Assembly, as if the case fell within paragraph (b) above.
(8)Accordingly—
(a)in its application in relation to the Mayor by virtue of subsection (7)(a) or (c)(i) above, paragraph (a) of subsection (5) shall have effect with the substitution for the words “ at a meeting held not more than ” of within; and
(b)in the application of that paragraph by virtue of subsection (7)(b) or (c)(ii) above, the meeting required to be held shall be a meeting of the Assembly.
(9)In paragraph (b) of subsection (5), the reference to section 115 of the M38Local Government and Housing Act 1989 (duties in respect of conduct involving contraventions of financial obligations) shall include a reference to section 115A of that Act (which is inserted by section 131(9) below and makes provision in relation to the Mayor and the Assembly).
(10)Where by virtue of subsection (7) above the Mayor or the Assembly is under a duty to consider a report, the Mayor or the Assembly in discharging that duty shall take account of any views on the report which have been expressed by the other of them in a statement submitted—
(a)by the Assembly to the Mayor; or
(b)by the Mayor to the Chair of the Assembly.
(11)Standing orders of the Authority shall make provision for or in connection with—
(a)the period within which any statement by virtue of subsection (10) above must be submitted;
(b)the consideration of any such statement by the Mayor or, as the case may be, the Assembly;
(c)the period within which any meeting of the Assembly required by subsection (5) by virtue of subsection (7)(b) or (c)(ii) above must, or must not, be held.
(12)Neither section 38 above [F206, section 54 above nor section 380 below] shall apply in relation to the duty imposed on the Mayor or the Assembly by virtue of subsection (7) above to consider a report.
Textual Amendments
F192S. 73(1)-(1C) substituted for s. 73(1) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(2), 59(7) (with s. 9(6)-(8)); S.I. 2008/113, art. 2(a)
F193S. 73(2) substituted (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(3), 59(7) (with s. 9(6)-(8)); S.I. 2008/113, art. 2(a)
F194Words in s. 73(3) substituted (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(4), 59(7) (with s. 9(6)-(8)); S.I. 2008/113, art. 2(a)
F195S. 73(4) repealed (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(5), 59(7), Sch. 2 (with s. 9(6)-(8)); S.I. 2008/113, art. 2(a)(m)
F196Words in s. 73(5)(a) substituted (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(4), 59(7) (with s. 7(5)-(7)); S.I. 2008/113, art. 2(a)
F197Word in s. 73(6) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 16; S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F198Words in s. 73(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 49(2)
F199Words in s. 73(6) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F200Words in s. 73(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 38(2); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)
F201Words in s. 73(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 49(3)
F202Words in s. 73(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 38(3); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)
F203Words in s. 73(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 49(4)
F204Words in s. 73(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 38(4); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)
F205Words in s. 73(7)(a) inserted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 5(1)(3)
F206Words in s. 73(12) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 5(1)(4)
Modifications etc. (not altering text)
C57Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
C58Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
C59S. 73(6) applied (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(7), 240(2); S.I. 2012/1463, art. 2(f)
Marginal Citations
(1)Part III of the M39Local Government Act 1974 (local government administration) shall be amended as follows.
(2)In section 25(1) (authorities to which the Part applies) after paragraph (a) there shall be inserted—
“(aaa)the Greater London Authority;”.
(3)In section 25, after subsection (4) (which extends references to certain authorities to include their members, committees, etc) there shall be inserted—
“(4A)Any reference to an authority to which this Part of this Act applies also includes, in the case of the Greater London Authority, a reference to each of the following—
(a)the London Assembly;
(b)any committee of the London Assembly;
(c)any body or person exercising functions on behalf of the Greater London Authority.”
(4)In section 30 (reports on investigations) after subsection (2) there shall be inserted—
“(2AA)If the authority concerned is the Greater London Authority—
(a)the duty imposed by subsection (1)(c) above shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly; and
(b)in a case falling within subsection (2) above, the duty imposed by that subsection shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly.”
(5)After subsection (3) of that section (which restricts the naming or identification of persons) there shall be inserted—
“(3AA)Nothing in subsection (3) above prevents a report—
(a)mentioning the name of, or
(b)containing particulars likely to identify,
the Mayor of London or any member of the London Assembly.”
(6)After subsection (7) of that section there shall be added—
“(8)Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority (other than functions exercisable by or in relation to the proper officer of the Authority) shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to the proper officer or a member of the authority concerned) shall be construed accordingly.”
(7)In section 31 (reports on investigations: further provisions) after subsection (3) there shall be added—
“(4)Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.”
(8)In section 31A (consideration of adverse reports) in subsection (6) (which provides that section 25(4) and (5) do not apply) after 25(4) there shall be inserted “ , (4A) ”.
(9)After subsection (6) of that section there shall be inserted—
“(7)Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.”
(10)In section 34(1) (interpretation of Part III) in the definition of member, after the word member, there shall be inserted—
“(a)in relation to the Greater London Authority, means—
(i)the Mayor of London,
(ii)the Deputy Mayor, or
(iii)a member of the London Assembly;
(b)”;
and before the words in relation to a National Park Authority there shall be inserted “ (c) ”.
Modifications etc. (not altering text)
C60Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
C61Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
Marginal Citations
(1)For the purposes of the provisions of the M40Local Government Act 1972 specified in subsection (2) below, the Authority shall be treated as if it were a local authority which is a principal council and the Mayor shall be treated as if he were the chairman of such an authority.
(2)The provisions are—
(a)section 224 (arrangements by principal councils for custody of documents);
(b)section 225 (deposit of documents with proper officer of authority etc);
(c)section 228 (inspection of documents);
(d)section 229 (photographic copies of documents);
(e)section 230 (reports and returns);
(f)section 231 (service of notices on local authorities etc);
(g)section 232 (public notices);
(h)section 233 (service of notices by local authorities);
(i)section 234 (authentication of documents).
(3)In the application of any enactment in relation to the Authority by virtue of subsection (1) above, any reference to the proper officer shall be taken as a reference to the proper officer of the Authority, within the meaning of this Act.
Modifications etc. (not altering text)
C62Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
C63Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
Marginal Citations
(1)Section 236 of the M41Local Government Act 1972 (procedure for byelaws) shall be amended as follows.
(2)In subsection (1) after “and to byelaws made by a local authority,” there shall be inserted “ the Greater London Authority ”.
(3)After subsection (10A) there shall be inserted—
“(10B)The Greater London Authority shall send a copy of every byelaw made by the Authority, and confirmed, to each London borough council and the Common Council.”
Marginal Citations
(1)The Authority may—
(a)promote a local Bill in Parliament for any purpose which is for the public benefit of the inhabitants of, or of any part of, Greater London; or
(b)oppose any local Bill in Parliament which affects any such inhabitants.
(2)Section 70 of the M42Local Government Act 1972 (prohibition on promoting Bills for changing local government areas etc) shall have effect in relation to the Authority as it has effect in relation to a local authority.
(3)The functions conferred on the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(4)The functions conferred on the Authority by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 5 to this Act.
(5)Before exercising the functions conferred on the Authority by subsection (1)(b) above, the Mayor shall consult the Assembly.
(6)No payment shall be made by the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) to the Mayor or an Assembly member for acting as counsel or agent in promoting or opposing a Bill under this section.
(7)A London borough council or the Common Council may contribute towards the expenses of the Authority in promoting a local Bill in Parliament.
Marginal Citations
(1)A local Bill promoted in Parliament by a London local authority may include provisions requested by the Authority.
(2)Subsection (1) above applies only if the Authority confirms the request in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
(3)If the Authority does not confirm the request as required by subsection (2) above, it shall give notice of that fact to the London local authority promoting the Bill.
(4)Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested also by other London local authorities under section 87 of the M43Local Government Act 1985, of those provisions so far as relating to the Authority.
(5)The functions conferred or imposed on the Authority by subsections (1) to (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(6)Before exercising the functions conferred on the Authority by subsection (1) or (2) above, the Mayor shall consult the Assembly.
(7)If, in accordance with this section, the Authority requests the inclusion of provisions in a Bill promoted by a London local authority, the Authority may contribute towards the expenses of the London local authority in connection with the Bill.
(8)In consequence of the other provisions of this section, in section 87(3) of the M44Local Government Act 1985 (consequences of non-confirmation of requests by London local authorities for inclusion of provisions in Bills promoted by others) after other councils there shall be inserted “ , or by the Greater London Authority under section 78 of the Greater London Authority Act 1999, ”.
(9)In this section London local authority means—
(a)a London borough council; or
(b)the Common Council.
(1)A local Bill promoted in Parliament by a London local authority may include provisions which affect the exercise of statutory functions by the Authority or any of the functional bodies.
(2)Subsection (1) above applies only if the Authority—
(a)gives its written consent; 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 Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to the London local authority promoting the Bill.
(4)Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested by other London local authorities under section 87 of the M45Local Government Act 1985, of those provisions so far as relating to the Authority or the functional body concerned.
(5)The functions conferred or imposed on the Authority by subsections (2) and (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(6)Before exercising the functions conferred on the Authority by subsection (2)(a) or (b) above, the Mayor shall consult the Assembly.
(7)Nothing in this section applies in relation to provisions requested under section 78 above.
(8)In this section London local authority means—
(a)a London borough council; or
(b)the Common Council.
Marginal Citations
In Schedule 2 to the M46Local Government Act 1988 (which specifies the public authorities to which section 17 of that Act applies) after the entry A local authority there shall be inserted—
“The Greater London Authority.”
In section 30 of the M47Local Government Finance Act 1992 (amounts for different categories of dwellings) there shall be added at the end—
“(10)Where the major precepting authority in question is the Greater London Authority, subsections (2)(b) and (4) above shall have effect as if the references to sections 43 to 47 below were references to the appropriate Greater London provisions.
(11)In this section, the appropriate Greater London provisions means—
(a)sections 85 to 90 of the Greater London Authority Act 1999 and section 47 below; or
(b)in the case of calculations by way of substitute, sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and section 47 below.”
Commencement Information
I9S. 81 wholly in force at 12.1.2000; s. 81 not in force at Royal Assent see s. 425(2); s. 81 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)
Marginal Citations
(1)Section 39 of the M48Local Government Finance Act 1992 (precepting and precepted authorities) shall be amended as follows.
(2)In subsection (1) (major precepting authorities) after paragraph (a) there shall be inserted—
“(aa)the Greater London Authority;”.
(3)Paragraphs (e) and (f) of that subsection (which relate to the London Fire and Civil Defence Authority and the Receiver for the Metropolitan Police District) shall cease to have effect.
Commencement Information
I10S. 82 partly in force; s. 82 not in force at Royal Assent see s. 425(2); s. 82(1)(2) in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1); s. 82(3) in force for certain purposes at 12.1.2000 by S.I. 1999/3434, art. 2; s. 82(3) in force (1.1.2001) in so far as not already in force by S.I. 2000/3379, art. 2(a) (subject to transitional provisions in art. 3)
Marginal Citations
In section 40 of the M49Local Government Finance Act 1992 (issue of precepts by major precepting authorities) there shall be added at the end—
“(9)Where the precepting authority is the Greater London Authority, this section shall have effect with the following modifications—
(a)in subsection (2)(a), for the reference to sections 43 to 47 below there shall be substituted a reference to the appropriate Greater London provisions;
(b)in subsection (3), for the reference to sections 43 to 47 below there shall be substituted a reference to the appropriate Greater London provisions;
(c)in subsection (6), for the reference to item T in section 44(1) below there shall be substituted a reference to item T in section 88(2) of the Greater London Authority Act 1999; and
(d)also in subsection (6), for the reference to item TP in section 45(3) below there shall be substituted a reference to item TP2 in section 89(4) of that Act.
(10)In this section, the appropriate Greater London provisions means—
(a)sections 85 to 90 of the Greater London Authority Act 1999 and section 47 below; or
(b)in the case of calculations by way of substitute, sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and section 47 below.”
Commencement Information
I11S. 83 wholly in force at 12.1.2000; s. 83 not in force at Royal Assent see s. 425(2); s. 83 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)
Marginal Citations
(1)Section 42 of the M50Local Government Finance Act 1992 (substitute precepts) shall be amended as follows.
(2)In subsection (1) (duty to issue substitute precepts on making of substitute calculations under certain provisions specified in paragraph (b)) in paragraph (b), after section 51 below there shall be inserted “ or section 95 of the Greater London Authority Act 1999 ”.
Marginal Citations
(1)Section [F20842A] of the M51Local Government Finance Act 1992 shall not apply in relation to the Authority, and the following provisions of this section and section 86 below shall have effect in relation to the Authority in place of that section.
(2)In relation to each financial year, the Authority shall make the calculations required by this section.
(3)The Authority must, in the case of each constituent body, that is to say—
(a)[F209the Assembly,
(aa)the Mayor, and]
(b)each of the functional bodies,
calculate the aggregates required by virtue of subsections (4) and (5) below.
[F210(3A)In subsection (3) above—
(a)the reference to the Assembly is a reference to the Authority as respects the Assembly's functions (see subsection (14)),
(b)the reference to the Mayor is a reference to the Authority except as respects the Assembly's functions,
and other references in this Chapter to the Mayor or the Assembly, in their capacity as constituent bodies for the purposes of the budgetary provisions, or to their functions (in that capacity), are to be construed accordingly.]
(4)The aggregate required by virtue of this subsection in the case of a constituent body is the aggregate of—
(a)the expenditure the Authority estimates [F211will be incurred by the body] in the year in performing its functions and [F212will be charged] to a revenue account for the year [F213in accordance with proper practices] [F214(but, in the case of the Mayor or the Assembly, see also subsections (10) to (13))];
(b)such allowance as the Authority estimates will be appropriate for contingencies in relation to [F215amounts to be charged or credited] to a revenue account for the year [F216in accordance with proper practices];
(c)the financial reserves which the Authority estimates it will be [F217appropriate to be raised by or in respect of the body] in the year for meeting the body’s estimated future expenditure; and
(d)such of [F218the financial reserves of, or in respect of, the body] as are sufficient to meet so much of the amount estimated by the Authority to be a [F219revenue account deficit of or in respect of the body] for any earlier financial year as has not already been provided for.
(5)The aggregate required by virtue of this subsection in the case of a constituent body is the aggregate of—
[F220(a)the income which the Authority estimates will accrue to or for the body in the year and which will be credited to a revenue account for the year in accordance with proper practices, other than income which the Authority estimates will accrue in respect of any precept issued by it;]
(b)the amount of the body’s financial reserves which the Authority estimates [F221will be used by or in respect of the body] in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (4) above.
(6)If, in the case of any constituent body, the aggregate calculated under subsection (4) above exceeds that calculated under subsection (5) above—
(a)the Authority must calculate the amount equal to the difference; and
(b)the amount so calculated shall be the body’s component [F222council tax] requirement for the year.
(7)If, in the case of any constituent body, the aggregate calculated under subsection (4) above does not exceed that calculated under subsection (5) above, the body’s component [F223council tax] requirement for the year shall be nil.
(8)The Authority must also calculate the aggregate of the component [F224council tax] requirements of each of the constituent bodies and that aggregate shall be the Authority’s consolidated [F224council tax] requirement for the year.
F225(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F226(10)Subsections (11) to (13) below have effect for the purposes of the budgetary provisions in their application in relation to the Mayor and the Assembly in their capacity as constituent bodies.
(11)The expenditure that is to be regarded for the purposes of subsection (4)(a) above as incurred by the Assembly in the performance of its functions includes any expenditure by the Authority in the performance of its functions which is incurred in respect of any of the following—
(a)the Assembly members,
(b)the Assembly secretariat (see subsection (14)),
(c)goods or services procured solely for the purposes of the Assembly,
(d)the London Transport Users' Committee (see section 247 and Schedule 18),
but does not include any expenditure falling within subsection (12) below.
(12)That expenditure is expenditure by the Authority in respect of any of the following—
(a)accommodation provided or procured in whole or in part for the conduct of the business of the Assembly or Assembly members,
(b)goods or services provided or procured for the Authority in general.
(13)The expenditure that is to be regarded for the purposes of subsection (4)(a) above as incurred by the Mayor in the performance of his functions is any expenditure—
(a)which is incurred by the Authority in the performance of its functions, and
(b)which does not fall to be regarded for the purposes of subsection (4)(a) above as incurred by the Assembly in the performance of its functions.
(14)In this section—
“the Assembly secretariat” means employees of the Authority who normally work as support staff for the Assembly or Assembly members;
“the Assembly's functions” means—
such of the functions of the Authority as are exercisable only by the Assembly acting on behalf of the Authority, and
the Assembly's function of acting jointly with the Mayor in the case of those functions of the Authority which are exercisable only by the Mayor and the Assembly acting jointly on behalf of the Authority;
“the budgetary provisions” means sections 85 to 87 of, and Schedule 6 to, this Act.
(15)All such apportionments as may be necessary for the purpose of calculating the aggregates required by subsections (4) and (5) above in the case of the Mayor and the Assembly are to be made on a just and reasonable basis.]
Textual Amendments
F207Words in s. 85 heading substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(2), 240(2); S.I. 2011/2896, art. 2(g)
F208Word in s. 85(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(3), 240(2); S.I. 2011/2896, art. 2(g)
F209S. 85(3)(a)(aa) substituted (E.W.) for s. 85(3)(a) (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(2), 59(4); S.I. 2007/3107, art. 3
F210S. 85(3A) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(3), 59(4); S.I. 2007/3107, art. 3
F211Words in s. 85(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(4)(a), 59(4); S.I. 2007/3107, art. 3
F212Words in s. 85(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(4)(b), 59(4); S.I. 2007/3107, art. 3
F213Words in s. 85(4)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(4)(a), 240(2); S.I. 2011/2896, art. 2(g)
F214Words in s. 85(4)(a) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(4)(c), 59(4); S.I. 2007/3107, art. 3
F215Words in s. 85(4)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(4)(b)(i), 240(2); S.I. 2011/2896, art. 2(g)
F216Words in s. 85(4)(b) inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(4)(b)(ii), 240(2); S.I. 2011/2896, art. 2(g)
F217Words in s. 85(4)(c) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(5), 59(4); S.I. 2007/3107, art. 3
F218Words in s. 85(4)(d) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(6)(a), 59(4); S.I. 2007/3107, art. 3
F219Words in s. 85(4)(d) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(6)(b), 59(4); S.I. 2007/3107, art. 3
F220S. 85(5)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(5), 240(2); S.I. 2011/2896, art. 2(g)
F221Words in s. 85(5)(b) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(8), 59(4); S.I. 2007/3107, art. 3
F222Words in s. 85(6)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(6), 240(2); S.I. 2011/2896, art. 2(g)
F223Words in s. 85(7) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(7), 240(2); S.I. 2011/2896, art. 2(g)
F224Words in s. 85(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(8), 240(2); S.I. 2011/2896, art. 2(g)
F225S. 85(9) repealed (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(9), 240(2), Sch. 25 Pt. 13; S.I. 2011/2896, art. 2(g)
F226S. 85(10)-(15) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(10), 59(4); S.I. 2007/3107, art. 3
Modifications etc. (not altering text)
C64S. 85 modified (E.) (5.2.2000) by S.I. 2000/213, art. 6
S. 85 modified (2.2.2001 with effect as mentioned in reg. 1(3) of the amending S.I.) by S.I. 2001/216, reg. 6
C65S. 85 modified (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 (S.I. 2006/247), regs. 1(1), 6
C66S. 85 modified (with application in accordance with reg. 1(2)(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007 (S.I. 2007/227), regs. 1(1)(b), 7
C67S. 85 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008 (S.I. 2008/227), regs. 1(1)(b), 7
C68S. 85 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 (S.I. 2009/206), regs. 1(1)(b), 7
C69S. 85 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2010 (S.I. 2010/219), regs. 1(b), 7
C70S. 85 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2011 (S.I. 2011/313), regs. 1(1)(b), 7
Commencement Information
I12S. 85 wholly in force at 12.1.2000; s. 85 not in force at Royal Assent see s. 425(2); s. 85 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)
Marginal Citations
(1)An amount must not be brought into account under subsection (4) or (5) of section 85 above in the application of the subsection in relation to [F227the Mayor or the Assembly] as a constituent body if the amount (or an amount which represents it) falls to be brought into account under the same subsection in its application in relation to [F228the other of them or] a functional body.
[F229(1A)In making any calculation under subsection (4) of section 85 above the Authority shall ignore payments which must be met from a trust fund.
(1B)In estimating under subsection (4)(a) of section 85 above—
(a)in the case of any functional body, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in respect of the body under section 43(1) of the Local Government Act 2003 or in paying any BID levy for which the body is liable, and
(b)in the case of the Mayor, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in respect of the Authority under section 43(1) of the Local Government Act 2003 or in paying any BID levy for which the Authority is liable.]
[F230(1C)In estimating under subsection (4)(a) of section 85 above—
(a)in the case of the Mayor, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year by the Authority in making any repayments of grants or other sums paid to the Authority by the Secretary of State, and
(b)in the case of a functional body, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in making by or in respect of the body any repayments of grants or other sums paid to or for the body by the Secretary of State.]
(2)In estimating under subsection (4)(a) of section 85 above in the case of any constituent body other than the [F231Mayor's Office for Policing and Crime], the Authority shall take into account the amount of any levy issued to the body for the year, but (except as provided by regulations under section 74 of the M52Local Government Finance Act 1988) shall not anticipate a levy not issued.
[F232(2A)For the purposes of subsection (2) above, any levy issued to the Authority shall be treated as a levy issued to the Mayor.]
[F233(2B)In estimating under subsection (4)(a) of section 85 above in the case of the Mayor, the Authority shall take into account the amount of any expenditure which the Authority estimates it will incur in the year in pursuance of regulations under section 99(3) of the Local Government Finance Act 1988.]
F234(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purposes of subsection (4)(c) of section 85 above a body’s estimated future expenditure is—
(a)that which the Authority estimates [F235will be incurred by] in the financial year following the year in question, [F236will be charged] to a revenue account for the year and [F237will have to be defrayed] in the year before the following sums are sufficiently available, namely, sums—
(i)which will be [F238payable to or for it] for the year; and
(ii)in respect of which amounts will be credited to a revenue account for the year; and
(b)that which the Authority estimates [F239will be incurred by] in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year.
[F240(4A)In making any calculation under subsection (5) of section 85 above, the Authority must ignore payments which must be made into a trust fund.
(4B)In estimating under subsection (5)(a) of section 85 above in the case of the Mayor, the Authority shall take into account—
(a)the amounts which the Authority estimates will be paid to it in the year by billing authorities in accordance with regulations under section 99(3) of the Local Government Finance Act 1988, F241...
F241(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F242(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4D)In estimating under subsection (5)(a) of section 85 above in the case of the Mayor's Office for Policing and Crime, the Authority must use such amounts as may be prescribed by the Secretary of State as the sums that are payable to the Mayor's Office for Policing and Crime in respect of the following items—
(a)[F243locally retained] non-domestic rates,
(b)revenue support grant, [F244and]
(c)general GLA grant, F245...
F245(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F246(4DA)In subsection (4D) above “locally retained non-domestic rates” means the sums received by the Authority under, or under regulations under, Schedule 7B to the Local Government Finance Act 1988, or under regulations under section 99(3) of that Act in connection with the operation of that Schedule.]
(4E)In subsection (4D) above, “prescribed” means specified in, or determined in accordance with, either—
(a)the appropriate report or determination, or
(b)regulations made by the Secretary of State,
as the Secretary of State may determine in the case of any particular item and any particular financial year or years.
(4F)In subsection (4E) above, “the appropriate report or determination” means—
(a)in the case of an item specified in paragraph (a) or (b) of subsection (4D) above, the local government finance report for the financial year in question, [F247and]
(b)in the case of the item specified in paragraph (c) of that subsection, the determination under section 100 below for the financial year in question, F248...
F248(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(5)The Secretary of State may by regulations do one or both of the following—
(a)alter the constituents of any calculation to be made under subsection (4) or (5) of section 85 above (whether by adding, deleting or amending items);
(b)alter the rules governing the making of any calculation under subsection [F249(4F)] or (5) of section 85 above (whether by deleting or amending subsections (2) to (4) above, or any of them, or by adding other provisions, or by a combination of those methods).
F250(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F227Words in s. 86(1) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(12)(a), 59(4); S.I. 2007/3107, art. 3
F228Words in s. 86(1) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(12)(b), 59(4); S.I. 2007/3107, art. 3
F229S. 86(1A)(1B) inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(11), 240(2); S.I. 2011/2896, art. 2(g)
F230S. 86(1C) inserted (with effect in accordance with art. 1(2)(3) of the amending S.I.) by The Localism Act 2011 (Consequential Amendments) Order 2014 (S.I. 2014/389), art. 5(2)
F231Words in s. 86(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 52; S.I. 2011/3019, art. 3, Sch. 1
F232S. 86(2A) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(13), 59(4); S.I. 2007/3107, art. 3
F233S. 86(2B) inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(12), 240(2); S.I. 2011/2896, art. 2(g)
F234S. 86(3) repealed (1.8.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2001/2223, art. 3(j)(l)(iii)
F235Words in s. 86(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(a), 59(4); S.I. 2007/3107, art. 3
F236Words in s. 86(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(b), 59(4); S.I. 2007/3107, art. 3
F237Words in s. 86(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(c), 59(4); S.I. 2007/3107, art. 3
F238Words in s. 86(4)(a)(i) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(d), 59(4); S.I. 2007/3107, art. 3
F239Words in s. 86(4)(b) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(d), 59(4); S.I. 2007/3107, art. 3
F240S. 86(4A)-(4F) inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(13), 240(2); S.I. 2011/2896, art. 2(g) (with art. 3(3))
F241S. 86(4B)(b) and word omitted (with effect in accordance with art. 1(2)(3) of the amending S.I.) by virtue of The Localism Act 2011 (Consequential Amendments) Order 2014 (S.I. 2014/389), art. 5(3)
F242S. 86(4C) omitted (with effect in accordance with art. 1(2)(3) of the amending S.I.) by virtue of The Localism Act 2011 (Consequential Amendments) Order 2014 (S.I. 2014/389), art. 5(4)
F243Words in s. 86(4D)(a) substituted (27.3.2013) by The Local Government Finance Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/733), arts. 1, 3(2)(a)
F244Word in s. 86(4D)(b) inserted (E.W.) (with effect in accordance with s. 3(13) of the amending Act) by Local Government Finance Act 2012 (c. 17), s. 3(10)(a)(i)
F245S. 86(4D)(d) and word omitted (E.W.) (with effect in accordance with s. 3(13) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), s. 3(10)(a)(ii)
F246S. 86(4DA) inserted (27.3.2013) by The Local Government Finance Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/733), arts. 1, 3(2)(b)
F247Word in s. 86(4F)(a) inserted (E.W.) (with effect in accordance with s. 3(13) of the amending Act) by Local Government Finance Act 2012 (c. 17), s. 3(10)(b)(i)
F248S. 86(4F)(c) and word omitted (E.W.) (with effect in accordance with s. 3(13) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), s. 3(10)(b)(ii)
F249Word in s. 86(5)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(14), 240(2); S.I. 2011/2896, art. 2(g)
F250S. 86(6) repealed (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(15), 240(2), Sch. 25 Pt. 13; S.I. 2011/2896, art. 2(g)
Commencement Information
I13S. 86 wholly in force at 12.1.2000; by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 86 in force at 12.1.2000 insofar as not already in force by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)
Marginal Citations
Schedule 6 to this Act (which contains procedural requirements for determining the component [F251council tax] requirements and the consolidated [F251council tax] requirement) shall have effect.
Textual Amendments
F251Words in s. 87 substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 35; S.I. 2011/2896, art. 2(i)
(1)Section [F25242B] of the M53Local Government Finance Act 1992 shall not apply in relation to the Authority and the following provisions of this section shall have effect in relation to the Authority in place of that section.
[F253(2)In relation to each financial year the Authority shall calculate the basic amount of its council tax by applying the formula—
where—
R is the amount calculated (or last calculated) by the Authority under section 85(8) above as its consolidated council tax requirement for the year;
A is the amount of the special item;
T is the aggregate of the amounts which are calculated by the billing authorities to which the Authority issues precepts (“the billing authorities concerned”) as their council tax bases for the year for their areas and are notified by them to the Authority within the prescribed period.]
F254(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F254(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F254(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The Secretary of State shall make regulations containing rules for making for any year the calculations required by item T in subsection (2) above; and the billing authorities concerned shall make the calculations for any year in accordance with the rules for the time being effective (as regards the year) under the regulations.
(7)Regulations prescribing a period for the purposes of item T in subsection (2) above may provide that, in any case where a billing authority fails to notify its calculation to the precepting authority within that period, that item shall be determined in the prescribed manner by such authority or authorities as may be prescribed.
(8)The Secretary of State may by regulations do one or both of the following—
(a)alter the constituents of any calculation to be made under subsection (2) above (whether by adding, deleting or amending items);
[F255(b)provide for rules governing the making of any calculation under that subsection (whether by adding provisions to, or deleting or amending provisions of, this section, or by a combination of those methods).]
(9)Any negative amount given by a calculation under subsection (2) above shall be assumed to be nil for the purposes of this Chapter and Chapter IV of Part I of the M54Local Government Finance Act 1992.
(10)In this section special item has the same meaning as it has in section 89 below (see subsection (2) of that section).
Textual Amendments
F252Word in s. 88(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 77(2), 240(2); S.I. 2011/2896, art. 2(g)
F253S. 88(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 77(3), 240(2); S.I. 2011/2896, art. 2(g)
F254S. 88(3)-(5) repealed (3.12.2011) by Localism Act 2011 (c. 20), ss. 77(4), 240(2), Sch. 25 Pt. 13; S.I. 2011/2896, art. 2(g)
F255S. 88(8)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 77(5), 240(2); S.I. 2011/2896, art. 2(g)
Modifications etc. (not altering text)
C71S. 88 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 7
C72S. 88 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 7
C73S. 88 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243), regs. 1(1), 7
C74S. 88 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), regs. 1(1), 7
C75S. 88 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 (S.I. 2006/247), regs. 1(1), 7
C76S. 88 modified (E.W.) (with application in accordance with reg. 1(2)(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007 (S.I. 2007/227), regs. 1(1)(b), 8
C77S. 88 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008 (S.I. 2008/227), regs. 1(1)(b), 8
C78S. 88 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 (S.I. 2009/206), regs. 1(1)(b), 8
C79S. 88 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2010 (S.I. 2010/219), regs. 1(b), 8
C80S. 88 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2011 (S.I. 2011/313), regs. 1(1)(b), 8
Commencement Information
I14S. 88 wholly in force at 12.1.2000; by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 88 in force at 12.1.2000 insofar as not already in force by S.I. 1999/3434, art. 2, Sch. 1 Table 1 (subject to transitional provisions in Sch. 1 Table 1)
Marginal Citations
(1)Section 45 of the M55Local Government Finance Act 1992 shall not apply in relation to the Authority, and the following provisions of this section shall have effect in relation to the Authority in place of that section.
(2)The following provisions of this section apply where for any financial year the item mentioned in [F256section 90(1)] below relates to a part only of Greater London; and in this section—
(a)special item means that item; and
(b)the relevant part, in relation to such an item, means the part of Greater London concerned.
(3)The Authority shall calculate the basic amount of its council tax for dwellings in any part of its area to which the special item relates by adding to the amount given by the formula in section 88(2) above the amount which, in respect of the special item, is given by the formula in subsection (4) below.
[F257(4)For dwellings in any part of Greater London to which the special item relates, the amount in respect of the special item is given by the formula—
where—
S2 is the amount of the special item;
TP2 is the aggregate of the amounts which are calculated by the billing authorities to which the Authority has power to issue precepts as respects the special item (“the billing authorities concerned”) as their council tax bases for the year for their areas and are notified by them to the Authority within the prescribed period.]
F258(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F258(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Subsections (6) and (7) of section 88 above, and any regulations made under or by virtue of either of those subsections, shall have effect in relation to the calculation of TP2 in subsection (4) above as they have effect in relation to the calculation of T in subsection (2) of that section.
(8)Any negative amount given by a calculation under this section shall be assumed to be nil for the purposes of this Chapter and Chapter IV of Part I of the M56Local Government Finance Act 1992.
(9)The Secretary of State may by regulations do one or both of the following—
(a)alter the constituents of any calculation to be made under or by virtue of subsection (3) above (whether by adding, deleting or amending items);
[F259(b)provide for rules governing the making of any calculation under or by virtue of that subsection (whether by adding provisions to, or deleting or amending provisions of, this section, or by a combination of those methods).]
Textual Amendments
F256Words in s. 89(2) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 6
F257S. 89(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 77(7), 240(2); S.I. 2011/2896, art. 2(g)
F258S. 89(5)(6) repealed (3.12.2011) by Localism Act 2011 (c. 20), ss. 77(8), 240(2), Sch. 25 Pt. 13; S.I. 2011/2896, art. 2(g)
F259S. 89(9)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 77(9), 240(2); S.I. 2011/2896, art. 2(g)
Modifications etc. (not altering text)
C81S. 89 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 8
C82S. 89 modified (E.) (5.2.2000) by S.I. 2000/213, art. 7
S. 89 modified (2.2.2001 with effect as mentioned in reg. 1(3) of the amending S.I.) by S.I. 2001/216, reg. 7
C83S. 89 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 8
C84S. 89 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243), regs. 1(1), 8
C85S. 89 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), regs. 1(1), 8
C86S. 89 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 (S.I. 2006/247), regs. 1(1), 8
C87S. 89 modified (with application in accordance with reg. 1(2)(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007 (S.I. 2007/227), regs. 1(1)(b), 9
C88S. 89 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008 (S.I. 2008/227), regs. 1(1)(b), 9
C89S. 89 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 (S.I. 2009/206), regs. 1(1)(b), 9
C90S. 89 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2010 (S.I. 2010/219), regs. 1(b), 9
C91S. 89 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2011 (S.I. 2011/313), regs. 1(1)(b), 9
Commencement Information
I15S. 89 wholly in force at 12.1.2000; by virtue of s. 425(2) the Act comes into force in regards to any power of a Minister of the Crown to make regulations or an order; s. 89 in force at 12.1.2000 insofar as not already in force by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)
Marginal Citations
(1)The item referred to in section 89(2) above is the special expense of the [F260Mayor's Office for Policing and Crime].
(2)For the purposes of subsection (1) above, the special expense of the [F261Mayor's Office for Policing and Crime] is the difference between—
(a)the aggregate calculated (or last calculated) under subsection (4) of section 85 above in relation to the [F261Mayor's Office for Policing and Crime], and
(b)the amount calculated (or last calculated) under subsection (5) of that section in relation to [F262that Office],
unless the aggregate referred to in paragraph (a) above does not exceed the aggregate referred to in paragraph (b) above, in which case the special expense is nil.
(3)For the purposes of section 89 above, the special item relates to the part of Greater London which consists of the metropolitan police district.
Textual Amendments
F260Words in s. 90(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 53(2); S.I. 2011/3019, art. 3, Sch. 1
F261Words in s. 90(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 53(3)(a); S.I. 2011/3019, art. 3, Sch. 1
F262Words in s. 90(2)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 53(3)(b); S.I. 2011/3019, art. 3, Sch. 1
(1)Section 46 of the M57Local Government Finance Act 1992 (special items for the purposes of section 45 of that Act) shall be amended as follows.
(2)In subsection (2) (special expenses) paragraph (d) (which relates to inner London etc) shall cease to have effect.
(3)In subsection (3) (areas to which special expenses relate) paragraph (d) (which relates to inner London etc) shall cease to have effect.
(4)In subsection (4) (interpretation)—
(a)the definition of inner London area, and
(b)the words from and any reference to the end of the subsection (which relate to parts of Greater London),
shall cease to have effect.
Marginal Citations
(1)Section 47 of the M58Local Government Finance Act 1992 (calculation of tax for different valuation bands) shall be amended as follows.
(2)After subsection (1) (which contains a formula and definitions of the terms used in the formula) there shall be inserted—
“(1A)Where the precepting authority is the Greater London Authority, subsection (1) above shall have effect with the substitution of the following definition for the definition of A—
“A is the amount calculated (or last calculated) by the Greater London Authority for that year under section 88(2) of the Greater London Authority Act 1999 or, where section 89 of that Act applies, the amount calculated (or last calculated) by it for that year under subsection (3) of that section in relation to that category of dwellings; ”.”
(3)After subsection (2) there shall be inserted—
“(3)Where the precepting authority is the Greater London Authority, subsection (2) above shall have effect with the substitution for the reference to section 45 above of a reference to section 89 of the Greater London Authority Act 1999”.
Commencement Information
I16S. 92 wholly in force at 12.1.2000; s. 92 not in force at Royal Assent see s. 425(2); s. 92 in force at 12.1.2000 insofar as not already in force by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)
Marginal Citations
(1)Section 48 of the M59Local Government Finance Act 1992 (calculation of amount payable by each billing authority) shall be amended as follows.
(2)In subsection (1) there shall be added at the end “; and—
(a)subsection (1A) below applies in relation to a precept issued by the Greater London Authority; and
(b)subsections (2) to (6) below apply in relation to a precept issued otherwise than by the Greater London Authority.”
(3)After subsection (1) there shall be inserted—
“(1A)Where an amount calculated (or last calculated) for the year under section 88(2) or 89(3) of the Greater London Authority Act 1999 applies to dwellings in the billing authority’s area, the amount payable by that authority shall be calculated by applying the formula—
where—
C is the amount so calculated; and
T is the amount which, in relation to the billing authority, is determined for item T in section 33(1) above.”
Commencement Information
I17S. 93 wholly in force at 12.1.2000; s. 93 not in force at Royal Assent see s. 425(2); s. 93 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)
Marginal Citations
(1)Section 49 of the M60Local Government Finance Act 1992 (substitute calculations) shall be amended as follows.
(2)For subsection (1) (power to make substitute calculations) there shall be substituted—
“(1)A major precepting authority which has made calculations in relation to a financial year in accordance with—
(a)sections 43 to 48 above (originally or by way of substitute),
(b)sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, or
(c)sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and sections 47 and 48 above (by way of substitute),
may make calculations in substitution in relation to the year in accordance with the relevant provisions.
(1A)For the purposes of subsection (1) above, the relevant provisions are—
(a)in a case falling within paragraph (a), the provisions specified in that paragraph; and
(b)in a case falling within paragraph (b) or (c), the provisions specified in paragraph (c).”
(3)In subsection (2) (cases where substitute calculations do not have effect)—
(a)at the beginning of paragraph (a) there shall be inserted “ in the case of a major precepting authority other than the Greater London Authority, ”; and
(b)after paragraph (a) there shall be inserted—
“(aa)in a case where the major precepting authority is the Greater London Authority—
(i)the amount of any component budget requirement calculated under subsections (4) to (7) of section 85 of the Greater London Authority Act 1999,
(ii)the amount calculated under subsection (8) of that section, or
(iii)any amount calculated under section 88(2) or 89(3) of that Act as the basic amount of council tax applicable to any dwelling,
would exceed that so calculated in the previous calculations; or”.
(c)in paragraph (b), after fails to comply with subsection (3) there shall be inserted “ or (3A) ”.
(4)After subsection (3) (requirement to use previous values of T and TP) there shall be inserted—
“(3A)In making substitute calculations under section 88(2) or 89(3) of the Greater London Authority Act 1999, the authority must use any amount determined in the previous calculations for item P1 or T in section 88(2) of that Act or for item P2 or item TP2 in section 89(4) of that Act.”
F263(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)After subsection (5) (cases where previous calculations quashed for non-compliance with sections 43 to 48) there shall be inserted—
“(6)Subsections (2) and (3A) above shall not apply if the previous calculations have been quashed because of a failure to comply with the appropriate Greater London provisions in making the calculations.
(7)For the purposes of subsection (6) above, the appropriate Greater London provisions means—
(a)in the case of calculations required to be made in accordance with sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, those provisions; and
(b)in the case of calculations required to be made in accordance with sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and sections 47 and 48 above, those provisions.
(8)Where the major precepting authority is the Greater London Authority, any substitute calculations under this section shall be made in accordance with Schedule 7 to the Greater London Authority Act 1999.”
Textual Amendments
F263S. 94(5) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 13; S.I. 2012/57, art. 4(1)(ee)(iii)
Commencement Information
I18S. 94 wholly in force at 3.7.2000; s. 94 not in force at Royal Assent see s. 425(2); s. 94 in force at 3.7.2000 by S.I. 1999/3434, art. 4 (subject to transitional provisions in Sch. 1 Table 2)
Marginal Citations
(1)This section applies where the Authority—
(a)has made calculations in relation to a financial year in accordance with sections 85 to 90 above and sections 47 and 48 of the M61Local Government Finance Act 1992, or
(b)has made substitute calculations in relation to a financial year in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act,
but it appears to the Secretary of State that the [F265Mayor's Office for Policing and Crime], in order to restore or maintain an efficient and effective police force for its area, requires a greater component [F266council tax] requirement than that previously calculated under section 85 above.
(2)Where this section applies, the Secretary of State may direct the Authority that there must be a component [F267council tax] requirement for the [F268Mayor's Office for Policing and Crime] for the year which is not less than such amount as may be specified in the direction.
[F269(2A)But the Secretary of State may not give a direction to the Authority under subsection (2) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in the metropolitan police district from being put at risk.]
(3)The amount specified in a direction under subsection (2) above shall be that which the Secretary of State considers the minimum necessary in order for the [F270Mayor's Office for Policing and Crime] to restore or maintain an efficient and effective police force for its area.
[F271(3A)The power exercisable by virtue of subsection (2) above, and any direction given under that power, are subject to any limitation imposed under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 (council tax referendums).]
(4)Where a direction is given under this section, the Authority shall make calculations in substitution in relation to that year under subsections (4) to (7) of section 85 above in relation to—
(a)the [F272Mayor's Office for Policing and Crime] alone; or
(b)the [F272Mayor's Office for Policing and Crime] and one or more other constituent bodies.
(5)If the result of the substitute calculations is such that—
(a)there is an increase in the Authority’s consolidated [F273council tax] requirement for the year, or
(b)there is no such increase, but the results of calculations in substitution made in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of the M62Local Government Finance Act 1992 would be different from the last relevant calculations in relation to the year,
the Authority shall make calculations in substitution in relation to the year in accordance with those provisions.
(6)In subsection (5) above, the last relevant calculations means the last calculations made by the Authority in relation to the year in accordance with—
(a)sections 85 to 90 above and sections 47 and 48 of the M63Local Government Finance Act 1992, or
(b)sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act.
(7)None of the substitute calculations shall have any effect if—
(a)the amount calculated under section 85(6) or (7) above for the [F274Mayor's Office for Policing and Crime] is not in compliance with the direction; or
(b)there is an increase in the Authority’s consolidated [F275council tax] requirement for the year (as last calculated) which exceeds the minimum increase required to be made to the component [F275council tax] requirement for the [F274Mayor's Office for Policing and Crime] (as last calculated for the year) to comply with the direction under subsection (2) above; or
(c)in making substitute calculations under section 88(2) or 89(3) above, the Authority fails to comply with subsection (8) below.
(8)In making substitute calculations under section 88(2) or 89(3) above, the Authority must use any amount determined in the previous calculations for item F276... T in section 88(2) above or for F276... item TP2 in section 89(4) above.
F277(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F277(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F277(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)Subsections (7)(c) and (8) above shall not apply if the previous calculations have been quashed because of a failure to comply with the appropriate Greater London provisions in making the calculations.
(13)For the purposes of subsection (12) above, the appropriate Greater London provisions means—
(a)in the case of calculations required to be made in accordance with sections 85 to 90 above and sections 47 and 48 of the M64Local Government Finance Act 1992, those provisions; and
(b)in the case of calculations required to be made in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act, those provisions.
(14)Any substitute calculations under this section shall be made in accordance with Schedule 7 to this Act.
Textual Amendments
F264Words in s. 95 title substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 23(3), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F265Words in s. 95(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 23(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F266Words in s. 95(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 36(2)(a); S.I. 2011/2896, art. 2(i)
F267Words in s. 95(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 36(2)(b); S.I. 2011/2896, art. 2(i)
F268Words in s. 95(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 23(5), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F269S. 95(2A) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 23(6), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F270Words in s. 95(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 23(7), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F271S. 95(3A) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 35; S.I. 2011/2896, art. 2(i)
F272Words in s. 95(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 23(7), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F273Words in s. 95(5)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 36(2)(c); S.I. 2011/2896, art. 2(i)
F274Words in s. 95(7) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 23(7), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F275Words in s. 95(7)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 36(2)(d); S.I. 2011/2896, art. 2(i)
F276Words in s. 95(8) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 36(3), Sch. 25 Pt. 13; S.I. 2011/2896, art. 2(i)
F277S. 95(9)-(11) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 36(4), Sch. 25 Pt. 13; S.I. 2011/2896, art. 2(i)
Modifications etc. (not altering text)
C92S. 95 modified (3.7.2000) by 1996 c. 16, s. 96B(6) (as inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 104 (with Sch. 12 para. 9(1))); S.I. 2000/1648, art. 2, Sch.
Marginal Citations
(1)The Authority must—
(a)make the substitute calculations required by section 95 above, and
(b)where applicable, issue any precepts in substitution required in consequence under section 42 of the M65Local Government Finance Act 1992,
before the end of the period of 35 days beginning with the day on which it receives the direction under section 95 above.
(2)If the Authority fails to comply with the requirements mentioned in paragraph (a) or (b) of subsection (1) above within the period mentioned in that subsection, any authority to which it has power to issue a precept shall have no power during the period of restriction to pay anything in respect of a precept issued by the Authority for the year.
(3)For the purposes of subsection (2) above, the period of restriction is the period which—
(a)begins at the end of the period mentioned in subsection (1) above; and
(b)ends at the time (if any) when the Authority complies with the requirements mentioned in paragraphs (a) and (b) of subsection (1) above.
(4)The following provisions of this section apply in relation to substitute calculations other than those made pursuant to section 95 above.
(5)Subject to variation or revocation, a direction under section 95 above shall have effect in relation to any substitute calculations made under any enactment by the Authority—
(a)in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of the M66Local Government Finance Act 1992;
(b)in relation to the year to which the direction relates; and
(c)at any time after the giving of the direction.
(6)Where a direction under section 95 above has effect in relation to any substitute calculations by virtue of subsection (5) above, none of the calculations shall have any effect if the amount calculated under section 85(6) above for the [F278Mayor's Office for Policing and Crime] is not in compliance with the direction.
[F279(7)Subsections (5) and (6) above are subject to section 95(3A) (which provides that directions under that section are subject to the limitations imposed by the provisions about council tax referendums in Chapter 4ZA of Part 1 of the Local Government Finance Act 1992).]
Textual Amendments
F278Words in s. 96(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 23(8), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F279S. 96(7) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 36; S.I. 2011/2896, art. 2(i)
Marginal Citations
(1)Where—
(a)the Authority has made calculations in accordance with subsections (4) to (7) of section 85 above (whether originally or by way of substitute), and
(b)the Mayor is of the opinion that, because of an emergency or disaster involving destruction of or danger to life or property, it is appropriate to recalculate any component [F280council tax] requirements,
the Authority may make calculations in substitution in relation to the year in accordance with those subsections.
(2)None of the substitute calculations shall have any effect if they involve—
(a)any change in the sums paid or to be paid to any of the functional bodies otherwise than out of the aggregate specified in subsection (2) of section 102 below; or
(b)any change in the Authority’s consolidated [F281council tax] requirement for the year.
(3)Any substitute calculations under this section shall be made in accordance with Schedule 7 to this Act.
Textual Amendments
F280Words in s. 97(1)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 37(a); S.I. 2011/2896, art. 2(i)
F281Words in s. 97(2)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 37(b); S.I. 2011/2896, art. 2(i)
Commencement Information
I19S. 97 wholly in force at 3.7.2000; s. 97 not in force at Royal Assent see s. 425(2); s. 97(1)(2) in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Tables 1, 2); s. 97(3) in force at 3.7.2000 by S.I. 1999/3434, art. 4
Schedule 7 to this Act (which contains procedural requirements for the making of substitute calculations by the Authority) shall have effect.
In this Part—
[F282BID levy” has the same meaning as in Part 4 of the Local Government Act 2003;]
[F283“budgetary provisions” has the meaning given in section 85(14) above;]
component [F284council tax] requirement has the meaning given in section 85(6) above;
consolidated [F284council tax] requirement has the meaning given in section 85(8) above;
constituent body has the meaning given in section 85(3) above;
local government finance report means such a report under [F285paragraph 5(1) of Schedule 7B to] the M67Local Government Finance Act 1988;
F286...
F286...
Textual Amendments
F282Words in s. 99 inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 38(a); S.I. 2011/2896, art. 2(i)
F283Words in s. 99 inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(15), 59(4); S.I. 2007/3107, art. 3
F284Words in s. 99 substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 38(b); S.I. 2011/2896, art. 2(i)
F285Words in s. 99 substituted (27.3.2013) by The Local Government Finance Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/733), arts. 1, 3(3)
F286Words in s. 99 repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 38(c), Sch. 25 Pt. 13; S.I. 2011/2896, art. 2(i)
Modifications etc. (not altering text)
C93S. 99 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 9
C94S. 99 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 9
C95S. 99 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243), regs. 1(1), 9
C96S. 99 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), regs. 1(1), 9
C97S. 99 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 (S.I. 2006/247), regs. 1(1), 9
C98S. 99 modified (E.W.) (with application in accordance with reg. 1(2)(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007 (S.I. 2007/227), regs. 1(1)(b), 10
C99S. 99 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008 (S.I. 2008/227), regs. 1(1)(b), 10
C100S. 99 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 (S.I. 2009/206), regs. 1(1)(b), 10
C101S. 99 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2010 (S.I. 2010/219), regs. 1(b), 10
C102S. 99 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2011 (S.I. 2011/313), regs. 1(1)(b), 10
Marginal Citations
Textual Amendments
F287Words in Pt. 3 Ch. 2 heading substituted (27.3.2013) by The Local Government Finance Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/733), arts. 1, 3(4)
[F288(1)The Secretary of State may pay a grant (to be called “general GLA grant”) to the Authority for a financial year.]
(2)The grant shall be paid for the purposes of the Authority and the functional bodies.
(3)For each financial year [F289for which general GLA grant is to be paid] the Secretary of State shall make a determination under this section.
(4)A determination shall state the amount of the grant for the year.
(5)Before making a determination, the Secretary of State shall consult the Mayor.
(6)The grant shall be paid in such instalments or such amounts and at such times as the Secretary of State may, with the Treasury’s consent, determine.
Textual Amendments
F288S. 100(1) substituted (E.W.) (with effect in accordance with s. 4(4) of the amending Act) by Local Government Finance Act 2012 (c. 17), s. 4(2)
F289Words in s. 100(3) inserted (E.W.) (with effect in accordance with s. 4(4) of the amending Act) by Local Government Finance Act 2012 (c. 17), s. 4(3)
Commencement Information
I20S. 100 wholly in force at 3.7.2000; s. 100 not in force at Royal Assent see s. 425(2); s. 100(1)-(4)(6) in force at 12.1.2000 by S.I. 1999/3434, art. 2; s. 100(5) in force at 3.7.2000 by S.I. 1999/3434, art. 4
(1)For each financial year, the Secretary of State shall pay a grant (to be called GLA transport grant) to the Authority.
(2)The grant shall be paid for the purposes of Transport for London.
(3)For each financial year the Secretary of State, after consultation with the Mayor, shall make a determination stating the amount of the grant for the year.
(4)The grant shall be paid in such instalments or such amounts and at such times as the Secretary of State may, with the Treasury’s consent, determine.
(5)The amount of the grant, or any terms relating to payment of the grant, may be varied from time to time by the Secretary of State after consultation with the Mayor.
Commencement Information
I21S. 101 wholly in force at 12.1.2000; s. 101 not in force at Royal Assent see s. 425(2); s. 101 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Tables 1, 2)
(1)For each financial year, it shall be the duty of the Authority to pay to each functional body, out of the aggregate specified in subsection (2) below, the amount required by the body out of that aggregate in accordance with the calculations (or last calculations) under section 85(4) to (7) of this Act.
(2)The aggregate mentioned in subsection (1) above is the aggregate of the sums received by the Authority for the financial year in respect of—
(a)revenue support grant;
F290(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F291(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)general GLA grant;
(e)[F292locally retained] non-domestic rates;
(f)any precept issued by the Authority; and
(g)payments to the Authority by billing authorities in accordance with regulations under section 99(3) of the M68Local Government Finance Act 1988.
[F293and which are credited to a revenue account for the year in accordance with proper practices.]
(3)The payments required by subsection (1) above shall be made by instalments during the financial year in question.
(4)The instalments to be paid under subsection (3) above to a functional body shall be payments of such amounts, and shall be payable at such times, as will enable the body to meet its budgeted expenditure for the year as it falls due.
(5)It shall be the duty of the Authority to pay instalments under subsection (3) above punctually.
(6)In the application of subsection (4) above in relation to a functional body, budgeted expenditure means expenditure which, in accordance with the calculations (or last calculations) made under section 85(4) to (7) above, the body is to meet out of payments by way of instalments under this section.
(7)If an overpayment is made to a functional body in respect of the sums payable to it by virtue of this section, the functional body shall, in accordance with any directions given to it for the purpose by the Mayor, make at such times and in such manner as may be specified in the directions such payments to the Authority by way of repayment as may be so specified.
F294(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F295(9)The reference in subsection (2)(e) to the sums received by the Authority for the financial year in respect of locally retained non-domestic rates is to the sums received by it in the year under, or under regulations under, Schedule 7B to the Local Government Finance Act 1988, or under regulations under section 99(3) of that Act in connection with the operation of that Schedule.]
Textual Amendments
F290S. 102(2)(b) omitted (E.W.) (with effect in accordance with s. 3(13) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), s. 3(11)
F291S. 102(2)(c) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 39(a), Sch. 25 Pt. 13; S.I. 2011/2896, art. 2(i)
F292Words in s. 102(2)(e) substituted (27.3.2013) by The Local Government Finance Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/733), arts. 1, 3(5)(a)
F293Words in s. 102(2) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 39(b); S.I. 2011/2896, art. 2(i)
F294S. 102(8) omitted (with effect in accordance with art. 1(2)(3) of the amending S.I.) by virtue of The Localism Act 2011 (Consequential Amendments) Order 2014 (S.I. 2014/389), art. 6
F295S. 102(9) inserted (27.3.2013) by The Local Government Finance Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/733), arts. 1, 3(5)(b)
Modifications etc. (not altering text)
C103S. 102 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 10
C104S. 102 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 10
C105S. 102 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243), regs. 1(1), 10
C106S. 102 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), regs. 1(1), 10
C107S. 102 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 (S.I. 2006/247), regs. 1(1), 10
C108S. 102 modified (E.W.) (with application in accordance with reg. 1(2)(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007 (S.I. 2007/227), regs. 1(1)(b), 11
C109S. 102 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008 (S.I. 2008/227), regs. 1(1)(b), 11
C110S. 102 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 (S.I. 2009/206), regs. 1(1)(b), 11
C111S. 102 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2010 (S.I. 2010/219), regs. 1(b), 11
C112S. 102 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2011 (S.I. 2011/313), regs. 1(1)(b), 11
Commencement Information
I22S. 102 wholly in force at 3.7.2000; s. 102 not in force at Royal Assent see s. 425(2); s. 102(1)-(4)(6)-(8) in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1); s. 102(5) in force at 3.7.2000 by S.I. 1999/3434, art. 4
Marginal Citations
(1)Where the Authority receives any grant or other payment made only for the purposes, or particular purposes, of a functional body, the Authority shall forthwith account for the grant or other payment to the functional body concerned and pay it over to that body.
(2)Subsection (1) above does not apply in relation to any sum received in respect of an item which falls within any of the paragraphs of subsection (2) of section 102 above.
(1)Section 155 of the M69Local Government and Housing Act 1989 (emergency financial assistance to local authorities) shall be amended as follows.
(2)After subsection (1) (local authority incurring expenditure as result of emergency or disaster) there shall be inserted—
“(1A)Expenditure incurred as mentioned in subsection (1) above by—
(a)the London Fire and Emergency Planning Authority,
(b)the Metropolitan Police Authority, or
(c)Transport for London, in respect of places or areas within Greater London,
shall be treated for the purposes of this section as expenditure so incurred by the Greater London Authority (and, accordingly, as so incurred by a local authority).
(1B)To the extent that any financial assistance given to the Greater London Authority under this section is referable to expenditure incurred by a body mentioned in paragraph (a), (b) or (c) of subsection (1A) above, the financial assistance shall be treated for the purposes of section 103 of the Greater London Authority Act 1999 as a payment made to the Greater London Authority for the purposes of that body.”
(3)In subsection (4) (local authorities in England and Wales to which the section applies)—
(a)after paragraph (b) there shall be inserted—
“(bb)the Greater London Authority;”;
[F296(b)at the end of paragraph (eb) there shall be inserted “ or ”; and]
(c)paragraph (f) (Receiver for the Metropolitan Police District) shall cease to have effect.
Textual Amendments
F296S. 104(3)(b) repealed (1.4.2002 for E.W. and otherwiseprosp.) by 2001 c. 16, ss. 137, 138(2), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provision in art. 4)
Marginal Citations
(1)Section 74 of the M70Local Government Finance Act 1988 (levies) shall be amended as follows.
(2)In subsection (4) (which enables regulations to include provision permitting anticipation of levies under the section in the making of certain calculations) after paragraph (b) there shall be inserted—
“(bb)that the Greater London Authority in making calculations in accordance with sections 85 and 86 of the Greater London Authority Act 1999 (originally or by way of substitute) in the case of any constituent body (within the meaning of those sections), except the Metropolitan Police Authority (for which separate provision is made), may anticipate a levy;”.
Commencement Information
I23S. 105 wholly in force at 12.1.2000; s. 105 not in force at Royal Assent see s. 425(2); s. 105 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)
Marginal Citations
(1)Section 91 of the M71Local Government Finance Act 1988 (general funds) shall be amended as follows.
(2)In subsection (1) (which specifies the relevant authorities) after paragraph (aa) there shall be inserted—
“(ab)the Greater London Authority,”.
(3)In subsection (3) (general fund to be established on 1 April 1990, subject to subsection (3A)) for subsection (3A) there shall be substituted “ subsections (3A) and (3C) ”.
(4)After subsection (3B) there shall be inserted—
“(3C)In the case of the Greater London Authority, the general fund must be established on a date specified in regulations.”
(5)In section 143 of the M72Local Government Finance Act 1988 (regulations and orders) in subsection (5) (exceptions from Parliamentary procedure) after regulations under section 75 there shall be inserted “ , 91(3C) ”.
(1)Section 66 of the M73Local Government Finance Act 1992 (matters which are not to be questioned except on judicial review) shall be amended as follows.
(2)In subsection (2) (which specifies the matters) after paragraph (c) there shall be inserted—
“(cc)a calculation made in accordance with any of sections 85 to 90 of the Greater London Authority Act 1999;
(cd)a substitute calculation made in accordance with any of sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act;”.
Marginal Citations
(1)Section 67 of the M74Local Government Finance Act 1992 (functions to be discharged only by the authority) shall be amended as follows.
[F297(2)In subsection (1) (functions to be discharged only by authority, subject to subsection (3)) for subsection (3) there shall be substituted “subsections (3) and (3A)”.]
(3)In subsection (2) (which specifies the functions) after paragraph (b) there shall be inserted—
“(bb)making a calculation in accordance with any of sections 85 to 90 of the Greater London Authority Act 1999;
(bc)making a substitute calculation in accordance with any of sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act;”.
(4)In subsection (3) (functions which may be exercised by a committee) at the beginning there shall be inserted “ Subject to subsection (3B) below, ”.
(5)After subsection (3) there shall be inserted—
“(3A)In the case of the Greater London Authority, the functions mentioned in subsection (2) above shall be discharged on behalf of the Authority in accordance with the provisions of the Greater London Authority Act 1999 but only by the Mayor of London, the London Assembly or the Mayor and Assembly acting jointly.
(3B)Subsection (3) above does not apply in relation to the Greater London Authority, but where Schedule 6 to the Greater London Authority Act 1999 makes provision enabling a function to be discharged by a committee or other representatives of the London Assembly, the function may be discharged by such a committee or representatives in accordance with the provisions of that Schedule.”
Textual Amendments
F297S. 108(2) repealed (18.11.2003 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 3(i)(vii) (with art. 8, Sch.)
Marginal Citations
(1)In section 168 of the M75Local Government Act 1972 (local financial returns) in subsection (5) (which defines local authority for the purposes of the section) the word and at the end of paragraph (b) shall be omitted and after paragraph (c) there shall be added “; and
(d)a functional body, within the meaning of the Greater London Authority Act 1999.”
(2)In section 139A of the M76Local Government Finance Act 1988 (information) in subsection (5) (which defines the relevant authorities) after paragraph (b) there shall be inserted—
“(c)a functional body, within the meaning of the Greater London Authority Act 1999.”
(3)Section 68 of the M77Local Government Finance Act 1992 (information required for purposes of Part I of that Act by Secretary of State from relevant authority or relevant officer) shall be amended as follows.
(4)In subsection (1)(b), after this Part there shall be inserted “ or Part III of the Greater London Authority Act 1999 ”.
(5)In subsection (3) (failure of authority or officer to comply) after this Part there shall be inserted “ or Part III of the Greater London Authority Act 1999 ”.
(6)In subsection (5), in the definition of relevant authority after means there shall be inserted “ (a) ” and after precepting authority; there shall be inserted “or
(b)a functional body, within the meaning of the Greater London Authority Act 1999) (see section 424(1) of that Act);”.
(1)A functional body shall, at the request of the Mayor or the Assembly, provide the Authority with such information relating to the financial affairs of the body as may be specified or described in the request.
(2)The information shall be provided in such form and manner, and within such time, as may be specified in the request.
(3)The information that may be requested under subsection (1) above is such information as may be required for the purpose of any functions exercisable by the Mayor or the Assembly.
(4)The information that may be requested under subsection (1) above from a functional body includes—
(a)information which the body has or can reasonably obtain; and
(b)information about the body’s plans or proposals relating to the finances or expenditure of the body or of any company in which the body has an interest.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F298S. 111 repealed (1.4.2004) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 6(e)(ii) (with art. 8, Sch.)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F299Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F299Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F299Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F299Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F299Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F299Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F299Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)
(1)The Secretary of State may make regulations for and in connection with conferring on the Mayor power to direct any functional body to pay to the Authority such percentage as may be specified in the direction of so much of F300... the body’s capital receipts as may be so specified.
(2)The power conferred on the Mayor must be exercisable only for the purpose of enabling the amount paid under such a direction (the relevant amount) to be applied towards meeting [F301 capital expenditure ] of another functional body or of the Authority (the assisted body).
(3)The provision that may be made by regulations under subsection (1) above includes provision—
(a)with respect to the percentage or maximum percentage that may be specified in a direction;
(b)with respect to the portion of F302... a functional body’s capital receipts in respect of which a direction may be issued;
(c)requiring a direction to be complied with before the expiration of a prescribed period;
(d)requiring the Mayor, within such time or in such manner as may be prescribed, to notify the functional bodies of decisions taken with respect to the exercise of powers conferred by the regulations;
(e)for and in connection with enabling the Mayor to permit the relevant amount to be applied towards meeting [F303 capital expenditure ] of the assisted body generally or to require it to be applied towards meeting only such expenditure of a particular description;
[F304(f)for and in connection with treating the whole or a prescribed part of the relevant amount as added to the capital receipts of the assisted body, for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);]
(g)for and in connection with requiring an assisted body to apply the relevant amount only for the purposes for which it was paid to the body.
(4)In this section prescribed means prescribed by regulations.
Textual Amendments
F300Words in s. 119(1) repealed (1.4.2004) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 6(e)(ii) (with art. 8, Sch.)
F301Words in s. 119(2) substituted (1.4.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 72(2); S.I. 2003/2938, art. 6(d)(i) (with art. 8, Sch.)
F302Words in s. 119(3)(b) repealed (1.4.2004) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 6(e)(ii) (with art. 8, Sch.)
F303Words in s. 119(3)(e) substituted (1.4.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 72(3)(a); S.I. 2003/2938, art. 6(d)(i) (with art. 8, Sch.)
F304S. 119(3)(f) substituted (1.4.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 72(3)(b); S.I. 2003/2938, art. 6(d)(i) (with art. 8, Sch.)
Commencement Information
I24S.119 wholly in force at 3.7.2000: s.119 in force at Royal Assent (11.11.1999)for certain purposes, see s.425(2); s. 119 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)The Authority may pay grants towards meeting [F305capital expenditure] incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body.
(2)A functional body may, with the consent of the Mayor, pay a grant towards meeting [F305capital expenditure] incurred or to be incurred by another functional body, or by the Authority, for the purposes of, or in connection with, the discharge of the functions of the body to which the grant is made.
(3)A grant under this section must not be made subject to any limitation in respect of the [F305capital expenditure] which it may be applied towards meeting.
(4)A grant under this section must be applied by the recipient body solely towards meeting [F305capital expenditure] incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions.
Textual Amendments
F305Words in s. 120 substituted (1.4.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 73; S.I. 2003/2938, art. 6(d)(i) (with art. 8, Sch.)
(1)The Authority may pay grants towards meeting expenditure, other than [F306capital expenditure], incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body.
(2)A functional body may, with the consent of the Mayor, pay a grant towards meeting expenditure, other than [F306capital expenditure], incurred or to be incurred by another functional body, or by the Authority, for the purposes of, or in connection with, the discharge of the functions of the body to which the grant is made.
(3)A grant under this section must not be made subject to any limitation in respect of the expenditure which it may be applied towards meeting (other than that the expenditure must not be [F306capital expenditure]).
(4)A grant under this section must be applied by the recipient body solely towards meeting expenditure incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions, other than [F306capital expenditure].
Textual Amendments
F306Words in s. 121 substituted (1.4.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 74; S.I. 2003/2938, art. 6(d)(i) (with art. 8, Sch.)
(1)The Mayor shall, in accordance with the following provisions of this section and sections 123 and 124 below, prepare for each financial year a capital spending plan for the functional bodies.
(2)A capital spending plan shall consist of the sections described in subsections (3) to (6) below.
(3)Section A of a capital spending plan shall consist of a statement for each functional body of the Mayor’s estimates of the following amounts—
(a)the total amount of capital grants likely to be paid to the body during the year by any person other than the Authority;
(b)the amount, at the beginning of the year, of F307... the body’s capital receipts; and
(c)the amount by which the [F308body’s capital receipts are] likely to be increased by capital receipts which it appears to the Mayor the functional body might reasonably be expected to receive, or is likely to receive, during the year.
(4)Section B of a capital spending plan shall consist of a statement for each functional body of the following amounts—
(a)if the Mayor has decided a minimum amount of grant which the Authority is to pay to the body for the year under section 120(1) above, that minimum amount;
[F309(b)the total of the amounts which the Mayor expects the body—
(i)to borrow in the year, or
(ii)to be treated as borrowing in the year because of section 8(2) of the Local Government Act 2003 (under which entry into, or variation of, a credit arrangement is treated as a form of borrowing).]
(5)Section C of a capital spending plan shall consist of a statement for each functional body of the total of the following amounts—
(a)the total amount of [F310capital expenditure] which the Mayor expects the body to incur during the year; and
[F311(b)the total of the amounts which the Mayor expects the body to be treated as borrowing in the year because of section 8(2) of the Local Government Act 2003;]
and in this section the total of those amounts is referred to as the body’s total capital spending for the year.
(6)Section D of a capital spending plan shall consist of an analysis of each functional body’s total capital spending for the year showing—
(a)the amount which the Mayor expects the body to meet out of capital grants;
(b)the amount which he expects the body to meet out of F312... its capital receipts;
[F313(c)the amount which he expects the body to meet by borrowing or entering into or varying credit arrangements;]
(d)the amount which he expects the body to meet by making a charge to a revenue account.
Textual Amendments
F307Words in s. 122(3)(b) repealed (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(e) (with art. 8, Sch.)
F308Words in s. 122(3)(c) substituted (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 75(2); S.I. 2003/2938, art. 4(d)(i) (with art. 8, Sch.)
F309S. 122(4)(b) substituted for s. 122(4)(b)-(d) (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 75(3); S.I. 2003/2938, art. 4(d)(i) (with art. 8, Sch.)
F310Words in s. 122(5)(a) substituted (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 75(4)(a); S.I. 2003/2938, art. 4(d)(i) (with art. 8, Sch.)
F311S. 122(5)(b) substituted (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 75(4)(b); S.I. 2003/2938, art. 4(d)(i) (with art. 8, Sch.)
F312Words in s. 122(6)(b) repealed (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(e) (with art. 8, Sch.)
F313S. 122(6)(c) substituted (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 75(5); S.I. 2003/2938, art. 4(d)(i) (with art. 8, Sch.)
Commencement Information
I25S. 122 partly in force; s. 122 not in force at Royal Assent, see s. 425(2); s. 122 in force for specified purposes (3.7.2000) by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
[F314(1)For each financial year, the Mayor shall prepare a draft of the capital spending plan for the year.]
(2)Before 15th January in the financial year preceding that to which the capital spending plan relates, the Mayor shall—
(a)send a copy of the draft to the Assembly and to each functional body; and
(b)invite them to submit their comments on the draft to him in writing within 21 days.
(3)Before finally determining the contents of the capital spending plan, the Mayor shall consider any comments submitted in accordance with the invitation under subsection (2)(b) above and make such revisions of the draft as he thinks fit, having regard to those comments.
(4)Before 28th February in the financial year preceding that to which the capital spending plan relates, the Mayor shall—
(a)send the plan to the Secretary of State; and
(b)send a copy of the plan to the Assembly and to each functional body.
(5)A copy of the capital spending plan shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
(6)A copy of the capital spending plan, or any part of it, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
(7)In this section the appropriate period in the case of a capital spending plan is the period of six years beginning with the date of publication of that plan pursuant to this section.
Textual Amendments
F314S. 123(1) substituted (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 76; S.I. 2003/2938, art. 4(d)(i) (with art. 8, Sch.)
Commencement Information
I26S. 123 partly in force; s. 123 not in force at Royal Assent, see s. 425(2); s. 123 in force for specified purposes (3.7.2000) by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)In preparing a capital spending plan for any financial year, the Mayor may take account of such factors as appear to him to be appropriate.
(2)The reference in subsection (1) above to preparing a capital spending plan for a financial year includes a reference to deciding, in the case of each of the functional bodies,—
(a)the minimum amount of grant which the Authority is to pay to the body for the year under section 120 above; and
[F315(b)the amounts to be transferred to the body under section 32(5) of the Local Government Act 2003 (Mayor’s power to transfer expenditure grant);]
(3)Without prejudice to the generality of subsection (1) above, the Mayor may in particular take account of—
(a)the capital spending plans for such financial years which have ended as he may determine; and
(b)the amounts of each functional body’s total capital spending specified in section C of each of those plans which have been met as described in each of the paragraphs of subsection (4) below.
(4)Those amounts are—
(a)the amount met out of capital grants made to the body;
[F316(b)the amount met out of F317... the body’s capital receipts;
[F318(c)the amount met by borrowing or entering into or varying credit arrangements;]
(d)the amount met by making a charge to a revenue account.]
Textual Amendments
F315S. 124(2)(b) substituted (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 77(2); S.I. 2003/2938, art. 4(d)(i) (with art. 8, Sch.)
F316S. 124(4)(aa) inserted (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 77(3)(a); S.I. 2003/2938, art. 4(d)(i) (with art. 8, Sch.)
F317Words in s. 124(4)(b) repealed (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(e) (with art. 8, Sch.)
F318S. 124(4)(c) substituted (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 77(3)(b); S.I. 2003/2938, art. 4(d)(i) (with art. 8, Sch.)
Commencement Information
I27S. 124 partly in force; s. 124 not in force at Royal Assent, see s. 425(2); s. 124 in force for specified purposes (3.7.2000) by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)The Mayor may serve on a functional body a notice requiring the body to supply to him such information as is specified in the notice and required by him for the purpose of deciding whether to exercise his powers, and how to perform his functions, under this Chapter.
(2)If the information specified in a notice under this section is in the possession or under the control of the functional body on which the notice is served, the body shall supply the information required in such form and manner, and at such time, as is specified in the notice and, if the notice so requires, the information shall be certified (according as is specified in the notice) F319...—
(a)by the chief finance officer of the body, within the meaning of section 127 below, or by such other person as may be specified in the notice; F320...
F320(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)If a functional body fails to comply with subsection (2) above, the Mayor may decide—
(a)whether to exercise his powers, and how to perform his functions, under this Chapter, or
(b)whether the body has acted, or is likely to act, in accordance with this Chapter,
on the basis of such assumptions and estimates as he thinks fit.
(4)In deciding—
(a)whether to exercise his powers, and how to perform his functions, under this Chapter, or
(b)whether a functional body has acted, or is likely to act, in accordance with this Chapter,
the Mayor may also take into account any other information available to him, whatever its source and whether or not obtained under a provision contained in or made under this or any other enactment.
Textual Amendments
F319Words in s. 125(2) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 42(a); S.I. 2015/841, art. 3(x)
F320S. 125(2)(b) and preceding word omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 42(b); S.I. 2015/841, art. 3(x)
[F321(1)In this Chapter—
“capital expenditure” and “capital receipt” have the same meaning as in Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);
“capital spending plan” means a capital spending plan under section 122 above.]
(2)References in this Chapter to credit arrangements, or to entering into credit arrangements, shall be construed in accordance with [F322Chapter 1 of Part 1 of the Local Government Act 2003 (see section 7] of that Act).
Textual Amendments
F321S. 126(1) substituted (1.4.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 78(2); S.I. 2003/2938, art. 6(d)(i) (with art. 8, Sch.)
F322Words in s. 126(2) substituted (1.4.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 78(3); S.I. 2003/2938, art. 6(d)(i) (with art. 8, Sch.)
(1)In this section relevant authority means—
(a)the Authority; or
(b)a functional body.
(2)Every relevant authority—
(a)shall make arrangements for the proper administration of its financial affairs; and
(b)shall secure that one of its officers (its chief finance officer) has responsibility for the administration of those affairs.
(3)No person may be the chief finance officer of two or more relevant authorities at the same time.
(4)In subsection (2)(b) above, the reference to officers includes a reference to employees or members of staff and, in the case of Transport for London[F323, includes a reference to its members.]
[F324(5)Section 127A below makes further provision with respect to the Authority's chief finance officer for the purposes of subsection (2)(b) above.]
(6)The function of appointing the Authority’s chief finance officer under subsection (2)(b) above shall be a function of the Authority which is exercisable on behalf of the Authority by the Assembly after consultation with the Mayor.
(7)If the Mayor is a member of Transport for London, he must not be its chief finance officer.
(8)In section 2 of the M78Local Government and Housing Act 1989 (politically restricted posts) in subsection (6)(d) (the effect of which is that the chief finance officer appointed under certain provisions is included among the chief statutory officers for the purposes of that section) after section 112 of the M79Local Government Finance Act 1988 there shall be inserted “ , section 127(2) of the Greater London Authority Act 1999 ”.
Textual Amendments
F323Words in s. 127(4) substituted (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 20 para. 6; S.I. 2012/628, art. 4(c)
F324S. 127(5) substituted for s. 127(5)(6) (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 10(1), 59(7) (with s. 10(3)-(5)); S.I. 2008/113, art. 2(a)
Modifications etc. (not altering text)
C113S. 127(2) applied (10.5.2000) by S.I. 2000/1095, art. 6(5)(c)
Commencement Information
I28S. 127 wholly in force at 3.7.2000; s. 127 not in force at Royal Assent see s. 425(2); s. 127 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 127 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4
Marginal Citations
(1)The Mayor and the Assembly, acting jointly, shall appoint a person to be the chief finance officer of the Authority.
(2)Any appointment under subsection (1) above is an appointment as an employee of the Authority and—
(a)section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority;
(b)section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority.
(3)The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit.
(4)A person must not at the same time be both—
(a)the Authority's chief finance officer appointed under subsection (1) above, and
(b)a member of staff appointed under section 67(1) above.]
Textual Amendments
F325S. 127A inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 10(2), 59(7) (with s. 10(3)-(5)); S.I. 2008/113, art. 2(a)
(1)Section 111 of the M80Local Government Finance Act 1988 (interpretation of Part VIII (financial administration)) shall be amended as follows.
(2)In subsection (2) (which specifies the bodies which are relevant authorities for the purposes of Part VIII) after paragraph (b) there shall be inserted—
“(bb)the Greater London Authority;
(bc)a functional body, within the meaning of the 1999 Act;
(bd)the London Pensions Fund Authority;”.
(3)In subsection (3) (meaning of 1972 Act etc) at the end there shall be added and the 1999 Act is the Greater London Authority Act 1999.
Commencement Information
I29S. 128 wholly in force at 3.7.2000; s. 128 not in force at Royal Assent see s. 425(2); s. 128 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 128 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4
Marginal Citations
In section 113(1) of the M81Local Government Finance Act 1988 (requirements to be fulfilled by person having responsibility for administration of financial affairs under certain provisions) after section 73 of the 1985 Act there shall be inserted “ , section 127 of the 1999 Act ”.
Commencement Information
I30S. 129 wholly in force at 3.7.2000; s. 129 not in force at Royal Assent see s. 425(2); s. 129 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 129 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4
Marginal Citations
(1)Section 114 of the M82Local Government Finance Act 1988 (functions of responsible officer as regards reports) shall be amended as follows.
(2)In subsection (1) (person having responsibility for administration of financial affairs under certain provisions to have functions as regards reports) after section 73 of the 1985 Act there shall be inserted “ , section 127 of the 1999 Act ”.
(3)After subsection (3A) (preparation of report: duty to consult head of paid service and monitoring officer) there shall be inserted—
“(3B)Subsection (3A) above shall have effect in relation to the London Development Agency with the substitution for paragraphs (a) and (b) of the words with the person who is for the time being appointed under paragraph 4(2) of Schedule 2 to the M83Regional Development Agencies Act 1998 as the chief executive of the London Development Agency.
(3C)Subsection (3A) above shall have effect in relation to Transport for London with the substitution for paragraphs (a) and (b) of the words with the person who is for the time being designated for the purpose under subsection (3D) below.
(3D)Transport for London shall designate a member of Transport for London, or a member of the staff of Transport for London, as the person who is to be consulted under subsection (3A) above.”
(4)After subsection (4) (duty to send copy of report to each member of the authority etc) there shall be inserted—
“(4A)The duty under subsection (4)(b) above—
(a)in a case where the relevant authority is the Greater London Authority, is to send a copy of the report to the Mayor of London and to each member of the London Assembly; and
(b)in a case where the relevant authority is a functional body, within the meaning of the 1999 Act, includes a duty to send a copy of the report to the Mayor of London and to the Chair of the Assembly, within the meaning of that Act.”
Commencement Information
I31S. 130 wholly in force at 3.7.2000; s. 130 not in force at Royal Assent see s. 425(2); s. 130 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 130 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4
Marginal Citations
(1)Section 115 of the M84Local Government Finance Act 1988 (authority’s duties as regards reports) shall be amended as follows.
(2)After subsection (1) there shall be inserted—
“(1A)Where the report under section 114 above is a report by the chief finance officer of the Greater London Authority, section 115A below shall have effect in place of subsections (2) and (3) below.”
(3)After subsection (3) there shall be inserted—
“(3A)In the case of the London Development Agency or Transport for London, Part VA of the 1972 Act (access to meetings etc) shall have effect in relation to the meeting as if that authority were a principal council.”
(4)After subsection (4) (which prevents delegation under section 101(2) of the M85Local Government Act 1972) there shall be inserted—
“(4A)In the case of the London Development Agency or Transport for London, neither—
(a)paragraph 7 of Schedule 2 to the M86Regional Development Agencies Act 1998 (delegation by London Development Agency etc), nor
(b)paragraph 7 of Schedule 10 to the 1999 Act (delegation by Transport for London),
shall apply to the duty under subsection (2) above.”
(5)After subsection (9) (the prohibition period) there shall be inserted—
“(9A)In the application of this section where the report under section 114 above is a report by the chief finance officer of the Greater London Authority, subsection (9) above shall have effect with the substitution for paragraph (b) of—
“(b)ending with the first business day to fall after the day (if any) on which the Mayor makes the decisions under section 115A(6) below ”.”
(6)In subsection (10) (immaterial for subsection (9)(b) that subsection (3) is not complied with) after subsection (3) above there shall be inserted “ , or, where section 115A below applies, subsection (4) or (8) of that section, ”.
(7)In subsection (11) (nature of decisions at meeting immaterial for subsection (9)(b)) after decisions made at the meeting there shall be inserted “ , or, where section 115A below applies, by the Mayor under subsection (6) of that section, ”.
(8)After subsection (12) there shall be added—
“(13)In the application of this section in relation to the Greater London Authority, the references to the authority in subsections (5) to (12) above shall be taken as references to the Greater London Authority whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly.
(14)In this section—
the Assembly means the London Assembly;
the Mayor means the Mayor of London.”
(9)After section 115 of the M87Local Government Finance Act 1988 there shall be inserted—
(1)This section applies where copies of a report under section 114 above by the chief finance officer of the Greater London Authority have been sent under section 114(4) above.
(2)The Mayor shall consider the report preparatory to making the decisions under subsection (6) below.
(3)The Assembly shall consider the report at a meeting where it shall decide—
(a)whether it agrees or disagrees with the views contained in the report; and
(b)what action (if any) it recommends that the Mayor should take in consequence of it.
(4)The meeting must be held not later than the end of the period of 21 days beginning with the day on which the copies of the report are sent.
(5)The Mayor must attend the meeting.
(6)After the meeting, the Mayor shall decide—
(a)whether he agrees or disagrees with the views contained in the report; and
(b)what action (if any) he proposes to take in consequence of it.
(7)In making any decision under subsection (6) above, the Mayor shall take account of any views or recommendations of the Assembly at the meeting.
(8)The Mayor must make the decisions under subsection (6) above before the end of the period of 14 days beginning with the day on which the meeting of the Assembly concludes.
(9)Any functions of the Mayor under this section must be exercised by the Mayor personally.
(10)Section 54 of the 1999 Act (discharge of Assembly functions by committees etc) shall not apply in relation to any function of the Assembly under this section.
(11)In this section—
the Assembly means the London Assembly;
the Mayor means the Mayor of London.”
Commencement Information
I32S. 131 wholly in force at 3.7.2000; s. 131 not in force at Royal Assent see s. 425(2); s. 131 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 131 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4
Marginal Citations
(1)Section 5 of the M88Local Government and Housing Act 1989 (designation and reports of monitoring officer) shall be amended as follows.
(2)In subsection (8) (interpretation) in the M89definition of chief finance officerafter Local Government Finance Act 1988 there shall be inserted “ , section 127(2) of the Greater London Authority Act 1999 ”.
Commencement Information
I33S. 132 wholly in force at 3.7.2000; s. 132 not in force at Royal Assent see s. 425(2); s. 132 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 132 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F326S. 133 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)
(1)For each financial year the Authority shall prepare a summary statement of accounts.
(2)The summary statement of accounts shall be in respect of the Authority, the functional bodies and the London Pensions Fund Authority.
(3)Subsection (1) above is without prejudice to any other duty of the Authority, a functional body or the London Pensions Fund Authority to prepare accounts or statements of accounts.
(4)[F327Section 25 of the Local Audit and Accountability Act 2014 (inspection of statements of accounts etc)] shall apply in relation to a summary statement of accounts required to be prepared under this section as it applies in relation to a statement of accounts prepared by the Authority under [F328section 3(3)] of that Act.
(5)[F329Sections 26 to 31 of the Local Audit and Accountability Act 2014, and Schedule 8 to that Act] (public inspection etc and action by the auditor, and prevention of unlawful expenditure) shall not apply in relation to a summary statement of accounts required to be prepared under this section.
(6)[F330Section 32 of the Local Audit and Accountability Act 2014] (accounts and audit regulations) shall apply in relation to a summary statement of accounts required to be prepared under this section as it applies in relation to F331... statements of accounts.
Textual Amendments
F327Words in s. 134(4) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 43(2)(a); S.I. 2015/841, art. 3(x)
F328Words in s. 134(4) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 43(2)(b); S.I. 2015/841, art. 3(x)
F329Words in s. 134(5) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 43(3); S.I. 2015/841, art. 3(x)
F330Words in s. 134(6) substituted (12.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 43(4)(a); S.I. 2015/223, art. 2; S.I. 2015/841, art. 3(x)
F331Words in s. 134(6) omitted (12.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 43(4)(b); S.I. 2015/223, art. 2; S.I. 2015/841, art. 3(x)
(1)A body to which this section applies shall, at the request of the Mayor, provide the Authority with such information relating to any accounts or statement of accounts of the body as may be specified or described in the request.
(2)The bodies to which this section applies are—
(a)each of the functional bodies; and
(b)the London Pensions Fund Authority.
(3)The information shall be provided in such form and manner, and within such time, as may be specified in the request.
(4)The information that may be requested under subsection (1) above is such information as may be required for the purpose of discharging the functions of the Authority under or by virtue of section 134 above.
F332(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F333(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F332S. 136(1) repealed (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(2)(f)(viii), Sch. 8 Pt. 1
F333S. 136(2) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 12; S.I. 2012/57, art. 4(1)(ee)(iii)
Modifications etc. (not altering text)
C114S. 136 excluded (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 1, 44(6) (with art. 43)
Commencement Information
I34S. 136 wholly in force at 3.7.2000; s. 136 not in force at Royal Assent see s. 425(2); s. 136(1) in force at 12.1.2000 by S.I. 1999/3434, art. 2; s. 136(2) in force at 3.7.2000 by S.I. 1999/3434, art. 4
(1)Section 19 of the M90Local Government Finance Act 1992 (exclusion from Crown exemption in certain cases) shall be amended as follows.
(2)In subsection (3) (which specifies the excluded bodies) after paragraph (b) there shall be inserted—
“(bb)the Greater London Authority;
(bc)any functional body, within the meaning of the Greater London Authority Act 1999;”.
Marginal Citations
(1)Section 47 of the M91Local Government Finance Act 1988 (discretionary relief) shall be amended as follows.
(2)In subsection (9) (which provides that a hereditament is an excepted hereditament, and accordingly not eligible for relief, if all or part of it is occupied by any body there mentioned) at the end of paragraph (b) (which relates to precepting authorities) there shall be added “; or
(c)a functional body, within the meaning of the Greater London Authority Act 1999”.
Marginal Citations
(1)In Schedule 4 to the M92National Loans Act 1968 (which specifies the bodies to which local loans may be made) in paragraph 1, in paragraph (a) of the definition of local authority, the word and immediately preceding sub-paragraph (iii) shall be omitted and after that sub-paragraph there shall be added “; and
(iv)a functional body, within the meaning of the Greater London Authority Act 1999”.
(2)In section 2 of the M93Public Works Loans Act 1965 (new form of local loan and automatic charge for securing it) in subsection (1) (which includes a definition of relevant authority) in paragraph (a), the word and immediately preceding sub-paragraph (iii) shall be omitted and after that sub-paragraph there shall be added “; and
(iv)a functional body, within the meaning of the Greater London Authority Act 1999”.
(1)The functions conferred or imposed on the Authority under or by virtue of this Part shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(2)Subsection (1) above does not apply in relation to any function expressly conferred or imposed on the Assembly.
(1)The Mayor shall develop and implement policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services to, from and within Greater London.
(2)The powers of the Authority under this Part shall be exercised for the purpose of securing the provision of the transport facilities and services mentioned in subsection (1) above.
(3)The transport facilities and services mentioned in subsection (1) above include facilities and services for pedestrians and are—
(a)those required to meet the needs of persons living or working in, or visiting, Greater London, and
(b)those required for the transportation of freight.
(1)The Mayor shall prepare and publish a document to be known as the transport strategy containing—
(a)his policies under section 141(1) above, and
(b)his proposals for discharging the duty under section 141(2) above.
(2)In addition to containing the proposals and policies required by subsection (1) above, the transport strategy—
(a)shall contain the Mayor’s proposals for the provision of transport which is accessible to persons with mobility problems,
(b)shall specify a timetable for the implementation of the proposals contained in the transport strategy by virtue of paragraph (a) above, and
(c)may contain any other proposals which he considers appropriate.
(3)Where the Mayor revises the transport strategy he shall publish it as revised.
(4)In preparing or revising the transport strategy the Mayor shall consult—
(a)the Disabled Persons Transport Advisory Committee, and
(b)such other persons or bodies which represent the interests of persons with mobility problems as he considers it appropriate to consult;
and this subsection is without prejudice to section 42 above.
(5)In this Act, references to the transport strategy include, except where the context otherwise requires, a reference to the transport strategy as revised.
(1)Where the Secretary of State considers that—
(a)the transport strategy (or any part of it) is inconsistent with national policies relating to transport, and
(b)the inconsistency is detrimental to any area outside Greater London,
he may direct the Mayor to make such revisions of the transport strategy in order to remove the inconsistency as may be specified in the direction.
(2)Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall revise the transport strategy in accordance with the direction.
(1)In exercising any function—
(a)a London borough council,
(b)the Common Council, and
(c)any body or person exercising statutory functions in relation to Greater London or any part of Greater London,
is to have regard to the transport strategy.
(2)The Mayor may issue guidance in writing about the implementation of the transport strategy to any council, body or person falling within subsection (1) above.
(3)A council, body or person to whom guidance has been issued under subsection (2) above is to have regard to the guidance in exercising any function.
(4)In exercising any functions in relation to the management of roads or traffic in a Royal Park in Greater London the Secretary of State shall have regard to the transport strategy.
(5)In this section Royal Park means any park to which the M94Parks Regulation Act 1872 applies (see sections 1 and 3 of the M95Parks Regulation (Amendment) Act 1926).
(1)As soon as reasonably practicable after the Mayor has published the transport strategy under section 142 above, each London borough council shall prepare a plan (a local implementation plan) containing its proposals for the implementation of the transport strategy in its area.
(2)In preparing a local implementation plan under subsection (1) above, each London borough council shall consult—
(a)the relevant Commissioner or, if the council considers it appropriate, both Commissioners,
(b)Transport for London,
(c)such organisations representative of disabled persons as the council considers appropriate,
(d)each other London borough council whose area is, in the opinion of the council preparing the local implementation plan, likely to be affected by the plan, and
(e)any other body or person required to be consulted under this section by virtue of a direction given to the council by the Mayor under section 153 below.
(3)Each local implementation plan shall include—
(a)a timetable for implementing the different proposals in the plan, and
(b)the date by which all the proposals contained in the plan will be implemented.
(4)For the purposes of this section and sections 146 to 153 below, the Common Council shall be treated as if it were a London borough council.
(5)In subsection (2)(a) above, the relevant Commissioner means—
(a)in relation to a local implementation plan prepared by the Common Council, the Commissioner of Police for the City of London, and
(b)in relation to a local implementation plan prepared by a council other than the Common Council, the Commissioner of Police of the Metropolis.
(1)Each London borough council shall submit its local implementation plan to the Mayor for his approval.
(2)The Mayor may approve any local implementation plan submitted to him under subsection (1) above.
(3)The Mayor shall not approve a local implementation plan submitted to him under subsection (1) above unless he considers—
(a)that the local implementation plan is consistent with the transport strategy,
(b)that the proposals contained in the local implementation plan are adequate for the purposes of the implementation of the transport strategy, and
(c)that the timetable for implementing those proposals, and the date by which those proposals are to be implemented, are adequate for those purposes.
(1)Where it appears to the Mayor that a London borough council has failed—
(a)to prepare a local implementation plan in accordance with the requirements of section 145 above, or
(b)to submit a local implementation plan to him for approval under section 146 above,
the Mayor may issue to the council a direction under section 153 below requiring the council to do so within such period as the Mayor shall specify in the direction.
(2)Where the Mayor has issued a direction of the kind mentioned in subsection (1) above, but the council has not complied with the direction within a reasonable time, the Mayor may prepare a local implementation plan on behalf of the council.
(3)Where the Mayor refuses to approve under subsection (2) of section 146 above a local implementation plan, the London borough council which submitted the plan shall prepare a new local implementation plan and submit it to the Mayor under subsection (1) of that section, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.
(4)Where the Mayor—
(a)refuses to approve a local implementation plan under section 146 above, and
(b)has served on the London borough council who prepared the local implementation plan a notice under subsection (3) above,
the Mayor may prepare a local implementation plan on behalf of the council.
(5)Where the Mayor prepares a local implementation plan on behalf of a London borough council, he shall in preparing the plan consult—
(a)the council on whose behalf he is preparing the plan,
(b)the relevant Commissioner or, if the Mayor considers it appropriate, both Commissioners,
(c)Transport for London,
(d)such organisations representative of disabled persons as the Mayor considers appropriate, and
(e)each other London borough council whose area is in the opinion of the Mayor likely to be affected by the plan.
(6)A local implementation plan prepared by the Mayor under this section shall include the matters required to be contained or included in the plan under section 145(1) and (3) above by a London borough council.
(7)Where the Mayor prepares a local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.
(8)In subsection (5)(b) above, the relevant Commissioner means—
(a)in relation to a local implementation plan prepared on behalf of the Common Council, the Commissioner of Police for the City of London, and
(b)in relation to a local implementation plan prepared on behalf of a council other than the Common Council, the Commissioner of Police of the Metropolis.
(1)A London borough council may at any time prepare such revisions as it considers appropriate to the council’s local implementation plan.
(2)Where the Mayor revises the transport strategy under section 41(2) above, each London borough council shall as soon as reasonably practicable after the Mayor has published the transport strategy as revised prepare such revisions to the council’s local implementation plan as it considers are necessary in order to implement that strategy in its area.
(3)Where a London borough council considers that no revisions are required to be prepared under subsection (2) above the council shall notify the Mayor.
(4)For the purposes of this section, the local implementation plan, in relation to any London borough council, means whichever of the following has been most recently approved, or as the case may be, prepared, by the Mayor, namely—
(a)a local implementation plan prepared by the council and approved by the Mayor under section 146 above;
(b)a local implementation plan, as proposed by the council to be revised, approved by the Mayor under that section; and
(c)a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of the council.
(1)In preparing any revisions under section 148 above a London borough council shall consult the bodies and persons required to be consulted under subsection (2) of section 145 above, taking the references in paragraph (d) of that subsection and in subsection (5) of that section to the local implementation plan as references to revisions under section 148 above.
(2)Each local implementation plan as proposed to be revised shall include the matters specified in section 145(1) and (3) above.
(3)The provisions of section 146 above shall apply to a London borough council’s local implementation plan as proposed to be revised as they apply to the council’s local implementation plan.
(1)Where the Mayor has published the transport strategy as revised but it appears to the Mayor that a London borough council has failed—
(a)to prepare such revisions to the council’s local implementation plan, or
(b)to submit to him for approval such a local implementation plan as proposed to be revised,
as the Mayor considers necessary in order to implement in the council’s area the transport strategy as revised, the Mayor may issue to the council a direction under section 153 below requiring the council to do so within such period as the Mayor shall specify in the direction.
(2)Where the Mayor has issued a direction of the kind mentioned in subsection (1) above but the council has not complied with the direction within a reasonable time, the Mayor may prepare a revised local implementation plan on behalf of the council.
(3)Where the Mayor refuses to approve under subsection (2) of section 146 above a local implementation plan as proposed to be revised, the London borough council which submitted the plan shall prepare new revisions and submit to the Mayor under subsection (1) of that section a new local implementation plan as proposed to be revised, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.
(4)Where the Mayor—
(a)refuses to approve under subsection (2) of section 146 above a local implementation plan as proposed to be revised, and
(b)has served on the London borough council who submitted the plan a notice under subsection (3) above,
the Mayor may prepare a revised local implementation plan on behalf of the council.
(5)In preparing a revised local implementation plan the Mayor shall consult the bodies and persons required to be consulted under subsection (5) of section 147 above, taking the references in paragraphs (a) and (e) of that subsection and in subsection (8) of that section to a local implementation plan prepared on behalf of a London borough council as references to a revised local implementation plan prepared on behalf of such a council.
(6)A revised local implementation plan prepared by the Mayor under this section shall include the matters specified in section 145(1) and (3) above.
(7)Where the Mayor prepares a revised local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.
(1)Where the Mayor has approved a local implementation plan, or a local implementation plan as proposed to be revised, submitted to him under section 146(1) above, the London borough council which submitted the plan—
(a)shall implement the proposals contained in it in accordance with the timetable included by virtue of section 145(3)(a) above, or, as the case may be, section 149(2) above, and
(b)shall implement all the proposals contained in it by the date included by virtue of section 145(3)(b) above, or, as the case may be, section 149(2) above.
(2)Where the Mayor has prepared a local implementation plan or a revised local implementation plan on behalf of a London borough council under section 147 above, or, as the case may be, section 150 above, subsection (1) above shall apply in relation to the implementation by the council of the proposals contained in the plan as if the plan were a local implementation plan approved by the Mayor under section 146 above, or, as the case may be, a local implementation plan as proposed to be revised, approved by the Mayor u der that section.
(1)Where the Mayor considers—
(a)that a London borough council has failed, or is likely to fail, satisfactorily to implement any proposal contained in a local implementation plan as required by section 151(1)(a) above, or
(b)that such a council has failed, or is likely to fail, to implement all such proposals as required by section 151(1)(b) above,
he may, for the purposes of implementing the proposals contained in the local implementation plan, exercise on behalf of the council the powers that the council has in connection with the implementation of those proposals.
(2)Subsection (1) above applies in relation to a local implementation plan, as proposed to be revised, approved by the Mayor under section 146 above as it applies to a local implementation plan approved by the Mayor under that section.
(3)Where the Mayor considers that a London borough council has failed to comply with any direction issued by him under section 153 below, he may exercise on behalf of the council such of the powers of the council as are necessary for the purposes of ensuring that the direction is complied with.
(4)Anything done by the Mayor in the exercise of powers conferred on him by virtue of this section shall be treated for all purposes as if it had been done by the London borough council on whose behalf he exercises the powers.
(5)Where the Mayor proposes to exercise any of the powers of a London borough council by virtue of this section he may direct the council not to exercise those or any other powers, in such circumstances or in relation to such matters, as may be specified in the direction.
(6)Where the Mayor issues a direction to a London borough council under subsection (5) above, the council shall comply with the direction.
(7)Any reasonable expenses incurred by the Mayor in the exercise of the powers of a London borough council by virtue of this section shall be recoverable by him from the council as a civil debt.
(1)The Mayor may issue to any London borough council—
(a)general directions as to the manner in which it is to exercise its functions under sections 145 to 151 above, or
(b)specific directions as to the manner in which it is to exercise those functions.
(2)Directions issued by the Mayor under subsection (1) above may include in particular directions—
(a)as to the timetable in accordance with which a local implementation plan or revisions to such a plan must be prepared,
(b)as to the bodies or persons who must be consulted about a local implementation plan or revisions to such a plan,
(c)as to the timetable mentioned in section 145(3)(a), 149(2) or 150(6) above,
(d)as to the date mentioned in section 145(3)(b), 149(2) or 150(6) above,
(e)as to the action required to be taken to implement the proposals contained in the local implementation plan in accordance with that timetable or by that date, or
(f)as to the steps required to be taken to remove the effects of action which is incompatible with such proposals.
(3)The reference in subsection (2)(e) above to the local implementation plan includes a reference to—
(a)a local implementation plan, as proposed by a London borough council to be revised, approved by the Mayor under section 146 above; and
(b)a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of a London borough council.
(4)Where the Mayor issues a direction to a London borough council under subsection (1) above, the council shall comply with the direction.
(1)There shall be a body corporate to be known as Transport for London.
(2)Transport for London shall have the functions conferred or imposed on it by this Act, or made exercisable by it under this Act, and any reference in this Act to the functions of Transport for London includes a reference to any functions made exercisable by it under this Act.
(3)Transport for London shall exercise its functions—
(a)in accordance with such guidance or directions as may be issued to it by the Mayor under section 155(1) below,
(b)for the purpose of facilitating the discharge by the Authority of the duties under section 141(1) and (2) above, and
(c)for the purpose of securing or facilitating the implementation of the transport strategy.
(4)Schedule 10 shall have effect with respect to Transport for London.
Modifications etc. (not altering text)
C115S. 154(3) restricted (22.7.2008) by Crossrail Act 2008 (c. 18), s. 38(2)
Commencement Information
I35S. 154 wholly in force at 3.7.2000; s. 154 not in force at Royal Assent, see s. 425(2); s. 154(1)(4) in force (8.5.2000) by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 154 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)The Mayor may issue to Transport for London—
(a)guidance as to the manner in which it is to exercise its functions,
(b)general directions as to the manner in which it is to exercise its functions, or
(c)specific directions as to the exercise of its functions.
(2)Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction.
(3)The guidance or directions which may be issued by the Mayor under subsection (1) above may include in particular guidance or directions as to the manner in which Transport for London—
(a)is to perform any of its duties, or
(b)is to conduct any legal proceedings.
(4)Any guidance or directions issued under subsection (1) must be issued in writing and notified to such officer of Transport for London as it may from time to time nominate to the Mayor for the purpose.
Modifications etc. (not altering text)
C116S. 155(1) applied (with modifications) (temp.) (3.7.2000) by S.I. 2000/1504, arts. 4, 9(1)
C117S. 155(1) restricted (22.7.2008) by Crossrail Act 2008 (c. 18), s. 38(2)
(1)Transport for London may form, promote and assist, or join with any other person in forming, promoting and assisting, a company for the purpose of—
(a)carrying on any activities which Transport for London has power to carry on, or
(b)carrying on such activities together with activities which Transport for London does not have power to carry on.
(2)Transport for London may enter into and carry out agreements with any person for the carrying on by that person, whether as agent for Transport for London or otherwise, of any activities which Transport for London has power to carry on (and, in particular, with respect to the provision or financing of any public passenger transport services which Transport for London has power to provide).
(3)Transport for London may also enter into and carry out an agreement with any person for the carrying on by that person (the contractor) of any activities which Transport for London does not have power to carry on if the agreement includes provision for one or more of the following, namely—
(a)the carrying on by the contractor of such activities as are mentioned in subsection (2) above;
(b)the provision by the contractor to Transport for London of services ancillary to the provision of public passenger transport services; and
(c)the use by the contractor of land or other property owned by Transport for London, or transferred to the contractor by Transport for London, for the purposes of the agreement.
(4)Where an agreement has been entered into under subsection (2) or (3) above, the powers conferred on Transport for London by that subsection include power to enter into and carry out other agreements with other persons for the purpose of—
(a)fulfilling any condition which must be fulfilled before the agreement can have effect; or
(b)satisfying any requirement imposed by or under the agreement.
(5)Where—
(a)a company has been formed in the exercise of the powers conferred by subsection (1) above (whether by Transport for London alone or by Transport for London jointly with some other person); or
(b)Transport for London has entered into an agreement with any person in exercise of its powers under subsection (2) or (3) above;
Transport for London may enter into arrangements with that company or person for the transfer from Transport for London to that company or person, in such manner and on such terms (including payments by any of the parties to the arrangements to any of the other parties) as may be provided for by the arrangements, of any property, rights or liabilities of Transport for London relevant to the purpose for which the company was formed or (as the case may be) to the performance by that person of his obligatio s under the agreement.
(6)Without prejudice to section 173(1) or 176 below, Transport for London shall have power to enter into and carry out agreements with—
(a)any of its subsidiaries; or
(b)any person with whom it has entered into an agreement by virtue of subsection (2) or (3) above,
providing for Transport for London to give assistance to the other party to the agreement by making available to that party any services, amenities or facilities provided by, or any works or land or other property belonging to, Transport for London, on such terms (including the reciprocal provision by that other party of similar assistance for Transport for London) as may be agreed between them.
(7)The power of Transport for London under subsection (2) or (3) above to enter into an agreement as there mentioned is exercisable notwithstanding that the agreement involves the delegation of the functions of Transport for London under any enactment relating to any part of its undertaking.
(8)Schedule 11 to this Act shall have effect for conferring further powers on Transport for London for the purpose of the discharge by Transport for London of any of its functions and with respect to the other matters there mentioned.
Modifications etc. (not altering text)
C118S. 156(2) extended (28.6.2000) by S.I. 2000/1462, art. 6
(1)The Secretary of State may by order made with the consent of the Treasury provide that Transport for London shall not carry on such activities as are specified in the order except through
[F334(a)a limited liability partnership of which a subsidiary of Transport for London (but not Transport for London) is a member; or
(b)a company which is registered under the Companies Act 2006 and limited by shares or limited by guarantee and which is—
(i)a subsidiary of Transport for London; or
(ii)a company which Transport for London formed, or joined with others in forming, by virtue of section 156(1) above and which does not fall within sub-paragraph (i) above.]
(2)The specification of an activity in an order under subsection (1) above shall not—
(a)prevent Transport for London from entering into or carrying out under section 156(2) or (3) above an agreement with a person for the carrying on of that activity by that person; or
(b)affect the validity of such an agreement.
(3)If it appears to the Secretary of State that Transport for London is carrying out, or proposes to carry out, otherwise than in compliance with an order under subsection (1) above any activities specified in such an order—
(a)the Secretary of State may give a direction to Transport for London requiring it to comply with the order within such period as may be specified for the purpose in the order; and
(b)Transport for London shall be under a duty to comply with such a direction.
(4)If Transport for London does not comply with a direction under subsection (3) above in the case of an activity to which the direction relates, Transport for London shall be treated in respect of the carrying out of that activity as not being a local authority for the purposes of—
[F335(a)section 984 of the Corporation Tax Act 2010 (exemption of local authorities from corporation tax);]
[F336(aa)section 838 of the Income Tax Act 2007 (exemption of local authorities from income tax); and]
(b)section 271 of the M96Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).
Textual Amendments
F334S. 157(1)(a)(b) substituted for words (4.7.2016) by Transport for London Act 2016 (c. i), ss. 1(1), 5(1)
F335S. 157(4)(a) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 305 (with Sch. 2)
F336S. 157(4)(aa) inserted (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 387(b) (with Sch. 2)
Commencement Information
I36S.157 wholly in force at 3.7.2000: s.157 in force at Royal Assent (11.11.1999)for certain purposes, see s.425(2); s. 157 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Marginal Citations
(1)For the purpose of enabling any person to carry on any activities for which provision is made by an agreement under section 156(2) or (3) above or by a transport subsidiary’s agreement, the Mayor may by order provide for any functions of Transport for London under any statutory provision to be exercisable by that person (whether to the exclusion of or concurrently with Transport for London).
(2)An order under this section may—
(a)provide for the functions to cease to be so exercisable when the activities cease to be carried on by that person (whether by reason of the expiry or termination of the agreement or otherwise); and
(b)make such supplementary, incidental and consequential provision as the Mayor considers expedient.
(3)The power of the Mayor to make an order under this section includes a power exercisable by order to revoke, amend or re-enact any such order.
(4)An order made by the Mayor under this section shall not have effect unless and until it is confirmed by an order made by the Secretary of State.
(5)This section does not apply to any function of Transport for London under this Act or any other statutory provision specifically amended by any provision of this Act.
(6)Any reference in this section to Transport for London includes a reference to a subsidiary of Transport for London.
Commencement Information
I37S.158 wholly in force at 3.7.2000: s.158 in force at Royal Assent (11.11.1999)for certain purposes, see s.425(2); s. 158 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)Transport for London may give financial assistance to any body or person in respect of expenditure incurred or to be incurred by that body or person in doing anything which in the opinion of Transport for London is conducive to the provision of safe, integrated, efficient and economic transport facilities or services to, from or within Greater London.
(2)Financial assistance may be given under this section by way of grant, loan or other payment.
(3)The financial assistance that may be given to any London authority under this section includes in particular assistance in respect of any expenditure incurred or to be incurred by the authority in discharging any function of a highway authority or traffic authority.
(4)In deciding whether to give financial assistance to a London authority under this section, and if so the amount or nature of any such assistance, the matters to which Transport for London may have regard include—
(a)any financial assistance or financial authorisation previously given to the authority by any body or person, and
(b)the use made by the authority of such assistance or authorisation.
(5)In subsection (4) above, financial authorisation means authorisation allowing the authority to incur financial obligations.
(6)Financial assistance under this section may be given subject to such conditions as Transport for London considers appropriate, including (in the case of a grant) conditions for repayment in whole or in part in specified circumstances.
(7)In this section—
highway authority has the same meaning as in the M97Highways Act 1980 (see in particular sections 1 to 9 of that Act);
London authority means any London borough council or the Common Council; and
traffic authority has the same meaning as in the M98Road Traffic Regulation Act 1984 (see sections 121A and 142(1) of that Act).
(8)In section 88(2) of the M99Local Government Finance Act 1988 (list of defined councils to which transport grants are payable by the Secretary of State under section 87 of that Act)—
(a)at the end of paragraph (aa) there shall be inserted “ and ”; and
(b)paragraphs (c) and (d) (which include in the list of defined councils the London borough councils and the Common Council) shall cease to have effect.
(9)This section is without prejudice to any other power of Transport for London.
(1)Transport for London may guarantee to discharge any financial obligation of—
(a)a subsidiary of Transport for London;
(b)any person (other than such a subsidiary) with whom Transport for London has entered into an agreement by virtue of section 156(2) or (3) above, where the guarantee is given for the purpose of enabling that person to carry out the agreement; or
(c)any person (other than such a subsidiary) with whom such a subsidiary has entered into a transport subsidiary’s agreement, where the guarantee is given for the purpose of enabling that person to carry out the agreement.
(2)Transport for London may, for the purposes of discharging any of its functions, guarantee to discharge any financial obligation incurred or to be incurred by any person for the purposes of—
(a)an undertaking carried on by him; or
(b)where the person is a body corporate, an undertaking carried on by a subsidiary of that body corporate.
(3)A guarantee under this section may be subject to such conditions as Transport for London considers appropriate.
(4)Transport for London may enter into arrangements with another person under which that person gives a guarantee which Transport for London has power to give under this section.
(5)Where Transport for London enters into arrangements by virtue of subsection (4) above, the arrangements may provide for Transport for London to indemnify the person who gives the guarantee.
(6)This section is without prejudice to any other power of Transport for London.
(1)Transport for London shall, as soon as possible after the end of each financial year, make to the Authority a report on the exercise and performance by Transport for London of its functions during the year.
(2)The report shall deal with—
(a)the contribution made by Transport for London towards the implementation of the transport strategy;
(b)the activities of any subsidiaries of Transport for London, so far as relevant to the performance of the functions of Transport for London during the year in question;
(c)any financial assistance given under section 159 above;
(d)any guarantees given under section 160(1) or (2) above;
(e)any arrangements entered into under section 160(4) above; and
(f)any indemnities given by virtue of section 160(5) above.
(3)The report made under this section in respect of any financial year shall include such information as the Mayor may from time to time specify in writing with respect to any matter the report is required to deal with by virtue of subsection (1) or (2) above.
(4)Transport for London shall publish any report made under this section.
(5)A copy of any report made under this section shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
(6)A copy of any report made under this section, or any part of any such report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
(7)In this section the appropriate period in the case of a report under this section is the period of six years beginning with the date of publication of the report pursuant to this section.
(1)Transport for London shall make available such information as it thinks fit which—
(a)relates to public passenger transport services provided to, from and within Greater London, and
(b)is required by members of the general public to assist in deciding what use to make of such services.
(2)The information shall be made available, in such manner as Transport for London thinks fit, to—
(a)the general public, and
(b)such other persons as Transport for London thinks fit.
(3)Transport for London may make such charges as it thinks fit for information which it makes available; but no such charge may be made if the information relates to public passenger transport services provided exclusively—
(a)by Transport for London or any of its subsidiaries, or
(b)by other persons under any transport subsidiary’s agreement or under agreements entered into under section 156(2) or (3) above.
(1)Neither Transport for London nor the Authority shall by virtue of any provision of this Act—
(a)dispose of the freehold interest in any land which is or has been operational land, or
(b)grant a leasehold interest in such land for a term of more than fifty years,
without the consent of the Secretary of State.
(2)Where an estate or interest in, or right over, any land which is or has been operational land is vested in a company which is a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company would cease to be a subsidiary of Transport for London.
(3)Consent is not required under this section by reason of any land having been operational land if a period of at least five years has elapsed since the land was last operational land.
(4)The Secretary of State may by order amend subsection (3) above by substituting a different period for that for the time being there specified.
(5)Any consent of the Secretary of State under this section—
(a)may be given in relation to any particular transaction or description of transactions; and
(b)may be given subject to conditions.
[F337(6)Any consent under this section must be given in writing.]
(7)Any question whether land is operational land within the meaning of this section shall be determined by the Secretary of State.
(8)In this section—
operational land means—
land which is used for the purpose of carrying on any railway or tramway undertaking of Transport for London’s or of a subsidiary of Transport for London’s; and
land in which an interest is held for that purpose;
but paragraphs (a) and (b) above do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of a railway or tramway undertaking;
railway and tramway shall be construed in accordance with section 67 of the M100Transport and Works Act 1992.
(9)For the purposes of this section, land—
(a)which has at any time been used, or
(b)in which an interest has at any time been held,
for the purpose of carrying on a railway or tramway undertaking of London Regional Transport’s, or of a subsidiary of London Regional Transport’s, shall be treated as if that undertaking had at that time been an undertaking of Transport for London’s or of a subsidiary of Transport for London’s (and any question whether the land was, or had ceased to be, operational land at any time shall be determined accordingly).
Textual Amendments
F337S. 163(6) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 17(1), 59(7) (with s. 17(2)); S.I. 2008/113, art. 2(b)
Modifications etc. (not altering text)
C119S. 163 excluded (30.4.2002) by S.I. 2002/1066, art. 41(5)
C120S. 163 excluded (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 48(5)
C121S. 163 excluded (E.W.) (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 46(5) (with arts. 3(5), 15(3))
C122S. 163 excluded (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), arts. 1, 41(5) (with Sch. 8 para. 45)
C123S. 163 excluded (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 38(5)
C124S. 163(1)(2) restricted (22.7.2008) by Crossrail Act 2008 (c. 18), s. 38(3)
Commencement Information
I38S.163 wholly in force at 3.7.2000: s.163 in force at Royal Assent (11.11.1999)for certain purposes, see s.425(2); s. 163 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Marginal Citations
The powers of the Authority and the powers of Transport for London shall be exercised so as to ensure that a subsidiary of Transport for London—
(a)does not do anything which Transport for London has no power to do (including anything which Transport for London has no power to do because the consent of the Secretary of State has not been obtained),
(b)does not do anything which the Mayor has directed Transport for London not to do, and
(c)does not, except with the consent of the Mayor, raise money by the issue of shares or stock to any person other than Transport for London or any other subsidiary of Transport for London.
Modifications etc. (not altering text)
C125S. 164(a) excluded (coming into force in accordance with s. 3 of the amending Act) by Transport for London Act 2016 (c. i), ss. 1(2), 4(1)
(1)Transport for London may make schemes for the transfer of property, rights and liabilities—
(a)between Transport for London and any subsidiary of Transport for London; or
(b)between any subsidiary of Transport for London and any other such subsidiary.
(2)A scheme under this section shall not take effect unless and until it has been approved by the Mayor.
(3)Where a scheme under this section is submitted to the Mayor for his approval, he may, after consultation with Transport for London, modify the scheme before approving it.
(4)Schedule 12 to this Act (which makes further provision in relation to schemes under this section) shall have effect.
(1)Section 236 of the M101Local Government Act 1972 (procedure for byelaws) shall be amended as follows.
(2)In subsection (1) after the words “the Greater London Authority” (which are inserted by section 76(2) above) there shall be inserted “ ,Transport for London ”.
(3)After subsection (10B) (which is inserted by section 76(3) above) there shall be inserted—
“(10C)Transport for London shall send a copy of every byelaw made by it, and confirmed, to—
(a)the Mayor of London;
(b)each London Borough Council; and
(c)the Common Council.”
Marginal Citations
(1)Transport for London—
(a)may promote a local Bill in Parliament; and
(b)may oppose any local Bill in Parliament.
(2)Subsection (1)(a) above applies only if the Authority—
(a)gives its 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 Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to Transport for London, which shall take all necessary steps for the withdrawal of the Bill.
(4)If the Authority, in giving notice under subsection (3) above, states that it confirms its consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, Transport for London may, instead of withdrawing the Bill pursuant to subsection (3) above, 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) above, the functions conferred on Transport for London by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 13 to this Act.
(6)Subsection (1)(b) above applies only if the Authority gives its written consent to Transport for London to oppose the Bill.
(7)If—
(a)Transport for London deposits a petition against a Bill in Parliament, but
(b)the consent required by subsection (6) above has not been given before the end of the period of 30 days following the day on which the petition is deposited,
Transport for London shall take all necessary steps for the withdrawal of the petition.
(8)The functions conferred or imposed on the Authority by this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(9)Before exercising the functions conferred on the Authority by subsection (2)(a) or (b), (4) or (6) above, the Mayor shall consult the Assembly.
(1)Section 20 of the M102Transport and Works Act 1992 (power to apply for, or object to, orders) shall be amended as follows.
(2)In subsection (2) (powers to be subject to the like conditions as powers to promote or oppose Bills) after except as provided by subsection (3) there shall be inserted “ or (4) ”.
(3)After subsection (3) there shall be inserted—
“(4)In the case of Transport for London—
(a)the powers conferred by subsection (1) above shall be exercisable with the written consent of the Mayor of London; and
(b)subsection (2) above shall not have effect.”
Marginal Citations
(1)In this Act transport subsidiary’s agreement means an agreement with a person (the contractor)—
(a)which is entered into by, or transferred to, a subsidiary of Transport for London, and
(b)which falls within subsection (2) or (3) below.
(2)An agreement falls within this subsection if it includes provision for the carrying on by the contractor, whether as agent for the subsidiary or otherwise, of any activities which Transport for London has power to carry on; and such an agreement may include provision with respect to the provision or financing of any public passenger transport services.
(3)An agreement falls within this subsection if it includes provision for the carrying on by the contractor of any activities which Transport for London does not have power to carry on and also provision for one or more of the following, namely—
(a)the carrying on by the contractor of such activities as are mentioned in subsection (2) above;
(b)the provision by the contractor to the subsidiary of services ancillary to the provision of public passenger transport services; and
(c)the use by the contractor of land or other property owned by Transport for London or a subsidiary of Transport for London, or transferred to the contractor by Transport for London or a subsidiary of Transport for London, for the purposes of the agreement.
(1)Section 9 of the M103London Regional Transport Act 1984 (powers of disposal) shall be amended as follows.
(2)In subsection (1)(a) (power to dispose of securities of one of their subsidiaries) for one of their subsidiaries there shall be substituted “ any subsidiary of theirs ”.
(3)At the end of the section there shall be added—
“(8)In this section—
disposal means disposal—
by way of sale, exchange or lease,
by way of the grant of any option or the creation of any easement, right or privilege, or
in any other manner, except by way of appropriation or mortgage,
and dispose of shall be construed accordingly;
lease includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage.”
Marginal Citations
(1)Section 17 of the M104London Regional Transport Act 1984 (power of London Regional Transport to give financial assistance to subsidiaries and other bodies or persons) shall be amended as follows.
(2)In subsection (2) after section 3(2) there shall be inserted “ or (2A) ”.
(3)After subsection (3) there shall be inserted—
“(3A)London Regional Transport may enter into arrangements with another person under which that person gives a guarantee which London Regional Transport has power to give under this section.
(3B)Where London Regional Transport enters into arrangements by virtue of subsection (3A) above, the arrangements may provide for London Regional Transport to indemnify the person who gives the guarantee.”
Marginal Citations
(1)Section 27 of the M105London Regional Transport Act 1984 (supplementary provisions with respect to transfer schemes) shall be amended as follows.
(2)In subsection (9) (modifications of Schedule 4 to the M106Transport Act 1968 in its application by subsection (8)) the word and at the end of paragraph (a) shall be omitted and after that paragraph there shall be inserted—
“(aa)the reference in paragraph 1(1) to all property, rights and liabilities comprised in a specified part of the transferor’s undertaking shall be read as including a reference to all such property, rights and liabilities subject to such exceptions as may be specified or described, or otherwise provided for, by the transfer scheme in question;
(ab)the reference in paragraph 13(1) to requiring the consent or concurrence of any person shall be read as including—
(i)a reference to being (and, where applicable, continuing after the transaction) in breach of any condition, requirement or restriction, and
(ii)a reference to any relevant right or option operating or becoming exercisable,
(and any such relevant right or option shall accordingly have effect as if the transferee were the same person in law as the transferor and no transaction had taken place); and”.
(3)After subsection (9) there shall be inserted—
“(10)In subsection (9)(ab) above relevant right or option means any right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property, or any right to terminate or vary a contract.”
(1)Transport for London may provide or secure the provision of public passenger transport services to, from or within Greater London.
(2)Without prejudice to section 176 below, any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above may in particular provide for—
(a)combined services for the through carriage of passengers or goods to be provided by Transport for London or any of its subsidiaries and any other party to the agreement, the quoting of through rates and the pooling of receipts and expenses in respect of such services;
(b)securing efficiency, economy and safety of operation in the provision of any public passenger transport services in pursuance of the agreement;
(c)the exercise by Transport for London, in accordance with the agreement, of control over fares in respect of any such services and their routes and frequency of operation and over charges in respect of any other facilities provided in pursuance of the agreement; and
(d)the making of payments by Transport for London to any other party to the agreement.
(1)The Mayor shall exercise his powers under section 155(1) above so as ensure that the matters specified in subsection (2) below are determined.
(2)The matters mentioned in subsection (1) above are—
(a)the general level and structure of the fares to be charged for public passenger transport services provided by Transport for London or by any other person in pursuance of any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement;
(b)the general structure of routes of such services and the general level of provision to be made with respect to their frequency of operation; and
(c)the general level of charges to be made for other facilities provided as mentioned in paragraph (a) above.
Modifications etc. (not altering text)
C126S. 174(1) extended (temp.) (3.7.2000) by S.I. 2000/1504, art. 4
(1)It shall be the duty of Transport for London (either acting directly, or acting through a subsidiary) and the [F339 Secretary of State ] to co-operate with one another in the exercise and performance of their respective functions for the purpose—
(a)of co-ordinating the passenger transport services for persons travelling to, from and within Greater London—
(i)which are provided by Transport for London or any of its subsidiaries, and
(ii)which are provided under franchise agreements, or [F340are secured services (within the meaning of Part 4 of the Railways Act 2005) provided by or on behalf of the Secretary of State] ; and
(b)of securing or facilitating the duty of Transport for London under section 154(3) above;
F341...
[F342(1A)Before—
(a)issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include London railway passenger services, or
(b)entering into a franchise agreement in respect of such services in a case in which no such invitation has been issued,
the Secretary of State must consult Transport for London.
(1B)The Secretary of State and Transport for London must each provide to the other any information which—
(a)the other reasonably requires for a purpose mentioned in subsection (1)(a) or (b); and
(b)is information which it would have been lawful for him or (as the case may be) it to disclose apart from this subsection.]
(2)For the purposes of the co-operation required under subsection (1) above, Transport for London and the [F343Secretary of State] may enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient.
[F344(2A)Those arrangements may include arrangements under which sums become due from Transport for London to the Secretary of State—
(a)in respect of London railway passenger services;
(b)in respect of station services provided in connection with such services; or
(c)in respect of bus substitution services provided as alternatives for London railway passenger services.]
(3)The references in subsections (1) and (2) above to the functions of the [F345 Secretary of State ] shall be taken as a reference to—
(a)[F345 his ] functions under sections 23 to 31 of the M107Railways Act 1993 (franchising of passenger services), and
(b)the duties imposed upon [F345 him ] by [F346 sections 22 to 24 of the Railways Act 2005 ] (discontinuance of railway passenger services) to secure the provision of services.
[F347(3A)A reference in this section to a London railway passenger service is a reference to—
(a)a service for the carriage of passengers by railway between places in Greater London; or
(b)a service for the carriage of passengers by railway between places in Greater London and places outside Greater London.
(3B)Expressions used in this section and in Part 1 of the Railways Act 1993 have the same meanings in this section as in that Part.]
F348(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F338S. 175: words in sidenote substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 59(1)(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))
F339Words in s. 175(1) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(2)(a), 60(2); S.I. 2005/1909, art. 2, Sch.
F340Words in s. 175(1)(a)(ii) substituted (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(2)(a); S.I. 2006/2911, art. 2, Sch.
F341Words in s. 175(1) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(2)(b), 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F342S. 175(1A)(1B) inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(3), 60(2); S.I. 2005/1909, art. 2, Sch.
F343Words in s. 175(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(4), 60(2); S.I. 2005/1909, art. 2, Sch.
F344S. 175(2A) inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(5), 60(2); S.I. 2005/1909, art. 2, Sch.
F345Words in s. 175(3) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(6), 60(2); S.I. 2005/1909, art. 2, Sch.
F346Words in s. 175(3)(b) substituted (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(2)(b); S.I. 2006/2911, art. 2, Sch.
F347S. 175(3A)(3B) inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(7), 60(2); S.I. 2005/1909, art. 2, Sch.
F348S. 175(4) repealed (1.2.2001) by 2000 c. 38, ss. 215(1), 274, Sch. 16 para. 59(1)(4), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))
Marginal Citations
(1)Where a public passenger transport service is provided under—
(a)an agreement entered into by Transport for London under section 156(2) or (3)(a) above, or
(b)a transport subsidiary’s agreement,
by a person other than a subsidiary of Transport for London, it shall be the duty of that person and the other party to the agreement in question, either acting directly, or acting indirectly through subsidiaries of theirs, to co-operate with one another in the exercise and performance of their respective functions for the purposes specified in subsection (2) below.
(2)The purposes mentioned in subsection (1) above are—
(a)the co-ordinating of passenger transport services, and
(b)the securing of, or the facilitating of, the proper discharge of the duty of Transport for London under section 154(3) above.
(3)The duty of co-operation imposed by subsection (1) above requires both parties to an agreement under section 156(2) or (3)(a) above or to a transport subsidiary’s agreement to provide to one another such information as to their services as may reasonably be required for the purposes specified in subsection (2) above.
(1)The council of a London borough and the Common Council shall each have power to enter into and carry out agreements with—
(a)Transport for London,
(b)the [F349Secretary of State], or
(c)any person who is the holder of a passenger licence, a network licence or a station licence,
with respect to the provision or retention, and financing, of public passenger transport services and facilities which would not be available apart from any such agreement.
(2)Transport for London and the [F350Secretary of State] shall each have power to enter into and carry out agreements with the council of a London borough or the Common Council with respect to the matters specified in subsection (1) above.
(3)The terms of an agreement entered into under this section shall be such as may be agreed between the parties to the agreement.
(4)Expressions used in this section and in Part I of the M108Railways Act 1993 have the same meaning in this section as in that Part.
Textual Amendments
F349Words in s. 177(1)(b) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(3); S.I. 2005/1909, art. 2, Sch.
F350Words in s. 177(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(3); S.I. 2005/1909, art. 2, Sch.
Marginal Citations
(1)Transport for London shall in each year inform the bodies mentioned in subsection (2) below of its current plans with respect to—
(a)the general level of transport services and facilities to be provided by Transport for London, any subsidiary of Transport for London or any other person in pursuance of an agreement entered into by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement;
(b)the general structure of routes of such services;
(c)the general level and structure of fares to be charged for such services; and
(d)the general level of charges to be made for such facilities.
(2)The bodies are—
(a)the London borough councils;
(b)the Common Council;
(c)the council of any county or district any part of whose area appears to Transport for London to be affected significantly by any plans falling within subsection (1) above; and
(d)the London Transport Users’ Committee.
(3)Transport for London shall cause particulars of the general level and structure of the fares falling within subsection (1)(c) above as they apply for the time being to be published in such manner as it thinks fit.
(1)In this Part—
local service has the meaning given to it by section 2 of the M109Transport Act 1985, and
London local service means a local service with one or more stopping places in Greater London.
(2)Where a local service is or is to be provided both inside and outside Greater London, any part of the service which is or is to be provided outside Greater London shall be treated as a separate service for the purposes of this Part if there is any stopping place for that part of the service outside Greater London.
[F351(3)The following are not London local services for the purposes of this Act—
(a)a service provided in pursuance of an agreement with the Secretary of State entered into under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services);
(b)a service provided under an agreement entered into, where a railway service has been temporarily interrupted, with the person who usually provides the railway service.]
Textual Amendments
F351S. 179(3) substituted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 20(3), 26(3)
Marginal Citations
(1)No London local service may be provided except in accordance with the provisions of this Chapter.
(2)If a London local service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)It shall be a defence for a person charged with an offence under subsection (2) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Modifications etc. (not altering text)
C127S. 180 modified (28.6.2000) by S.I. 2000/1462, art. 4(1)(2)
(1)Transport for London shall determine which London local services are required for the purpose of providing safe, integrated, efficient and economic transport services in Greater London.
(2)The determination made by Transport for London under subsection (1) above shall be kept under review and may be revised at any time.
(3)The London local services which Transport for London determines are required under this section shall be known collectively as the London bus network.
(4)A London local service which is part of the London bus network may be provided only—
(a)by Transport for London or any of its subsidiaries, or
(b)by any other person in pursuance of an agreement entered into by Transport for London under section 156(2) above or in pursuance of a transport subsidiary’s agreement.
(5)Transport for London shall so far as reasonably practicable provide or secure the provision of the London bus network.
(1)Where a London local service which is part of the London bus network is provided in pursuance of an agreement entered into by Transport for London under section 156(2) above or in pursuance of a transport subsidiary’s agreement, the agreement shall be known as a London local service agreement.
(2)Where a London local service agreement relates to a local service part of which is to be provided outside Greater London, subsection (3) below applies to any provision contained in the agreement with respect to the carriage of passengers other than those who are both taken up and set down in Greater London.
(3)A provision of a description specified in subsection (2) above shall be of no effect if or so far as it is inconsistent with any condition attached under section 8 of the M110Transport Act 1985 (enforcement of traffic regulation conditions etc by a traffic commissioner)—
(a)to a PSV operators’ licence held by the operator of the service, or
(b)to a permit under section 22 of the M111Transport Act 1985 (a community bus permit).
(1)Subsection (2) below applies where—
(a)Transport for London or any of its subsidiaries proposes to provide a new London local service or to vary an existing London local service,
(b)Transport for London proposes to enter into a London local service agreement for the provision of a new London local service, or
(c)Transport for London proposes to agree to a variation in an existing London local service provided pursuant to a London local service agreement,
and the proposal, if effected, would alter the London bus network.
(2)Transport for London shall before making a decision about the proposal consult—
(a)the commissioner or commissioners of police affected,
(b)the London authorities affected,
(c)the London Transport Users’ Committee, and
(d)any other person whom Transport for London considers it appropriate to consult,
about the matters specified in subsection (3) below relating to the proposed new service or the service as proposed to be altered.
(3)The matters mentioned in subsection (2) above are—
(a)the route,
(b)the terminal points,
(c)the points at which passengers may or may not be taken up and set down, and
(d)the place at which, or street by the use of which, vehicles used for the service may turn at a terminal point.
(4)For the purposes of this section, the London authorities affected by a proposal are the London authorities in whose area there is situated—
(a)any part of the route in question, or
(b)any of the places mentioned in subsection (3)(b) to (d) above.
(5)Where a place or street mentioned in paragraph (d) of subsection (3) above is situated in the area of a local authority other than a London authority, Transport for London is also required under subsection (2) above to consult that local authority about the matter specified in that paragraph.
(6)For the purposes of this section a commissioner of police is affected by a proposal if he is—
(a)the Commissioner of Police of the Metropolis, or
(b)the Commissioner of Police of the City of London,
and any part of the route in question, or any of the places mentioned in subsection (3)(b) to (d) above, is situated in the police area for which he is the Commissioner.
(7)For the purposes of this Chapter a London authority is any London borough council or the Common Council.
Modifications etc. (not altering text)
C128S. 183 excluded (temp.) (E.W.) (5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 13(7), 40(2) (with s. 40(6)); S.I. 2009/2577, art. 2
(1)Subsection (2) below applies where—
(a)Transport for London or any of its subsidiaries proposes to discontinue a London local service which is part of the London bus network, or
(b)Transport for London proposes not to renew a London local service agreement pursuant to which a London local service which is part of the London bus network is provided,
except where Transport for London proposes that a service replacing the London local service in question and equivalent to it will be provided (whether by Transport for London or any of its subsidiaries, or pursuant to a London local service agreement).
(2)Transport for London shall before making a decision about the proposal consult—
(a)the London authorities affected,
(b)the London Transport Users’ Committee, and
(c)any other person whom Transport for London considers it appropriate to consult.
(3)For the purposes of this section the London authorities affected by a proposal are the London authorities in whose area there is situated any part of the route of the service in question.
(1)A London local service which is not part of the London bus network may be provided only by a person who is authorised to provide the service by a permit granted by Transport for London (a London service permit).
(2)The Mayor shall prepare and adopt a document (the guidance document) containing the criteria by which applications for a London service permit will be considered.
(3)The Mayor shall keep the guidance document under review and may revise it at any time.
(4)Where the guidance document is revised, the Mayor shall adopt the document as revised.
Modifications etc. (not altering text)
C129S. 185(1) modified (28.6.2000) by S.I. 2000/1462, art. 4(1)(3)
C130S. 185(3): transfer of functions to the Secretary of State during "the interim guidance period" (as defined in S.I. 2000/1462, art. 7(10)) by S.I. 2000/1462, art. 7(4) (with art. 7(9))
(1)An application for a London service permit shall be made in such manner and accompanied by such supporting evidence as may be determined by Transport for London.
(2)Transport for London may charge a fee—
(a)for processing the application for a London service permit under subsection (1) above,
(b)for granting a London service permit, or
(c)for both (a) and (b) above.
(3)In deciding whether to grant a London service permit Transport for London—
(a)shall have regard to the criteria contained in the guidance document,
(b)shall have regard to any other material considerations, and
(c)shall consult the persons and bodies specified in subsection (4) below.
(4)The persons and bodies mentioned in subsection (3)(c) above are—
(a)the London authorities affected,
(b)the commissioner or commissioners of police affected,
(c)the London Transport Users’ Committee, and
(d)any other person whom Transport for London considers it appropriate to consult.
(5)Where Transport for London grants a London service permit it shall send notice of the grant, including particulars of the services authorised by the permit to be provided, to the London Transport Users’ Committee, the London authorities affected and the commissioner or commissioners of police affected.
(6)For the purposes of this section, the London authorities affected are the London authorities in whose area there is situated any part of the route of the London local service to which the application for the London service permit relates.
(7)For the purposes of this section a commissioner of police is affected if he is—
(a)the Commissioner of Police of the Metropolis, or
(b)the Commissioner of Police of the City of London,
and any part of the route of the London local service to which the application for the London service permit relates is situated in the police area for which he is the Commissioner.
(1)Transport for London may attach to a London service permit granted under section 186 above such conditions as it thinks fit.
(2)The conditions that may be attached to a London service permit by virtue of subsection (1) above include conditions for securing—
(a)that suitable routes are used in providing any service authorised to be provided by the permit,
(b)that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points, or
(c)the safety and convenience of the public, including persons who have mobility problems.
(3)No condition as to fares shall be attached under this section to a London service permit.
(4)Transport for London may at any time vary a London service permit—
(a)by altering any condition attached to the permit,
(b)by removing any condition attached to the permit, or
(c)by attaching to the permit any condition.
(5)Compliance with any condition attached to a London service permit under this section may be temporarily dispensed with by Transport for London if it is satisfied—
(a)that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached, or, if the condition has been altered, when it was last altered, and
(b)that such a dispensation would not adversely affect the safety and convenience of the public, including persons who have mobility problems.
(6)If a condition attached to a London service permit under this section is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7)It shall be a defence for a person charged with an offence under subsection (6) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(1)Subject to subsection (2) below, a London service permit may be revoked or suspended by Transport for London on the ground that there has been a contravention of any condition attached to it.
(2)Transport for London shall not revoke or suspend a London service permit unless, owing to—
(a)the frequency of the breach of conditions, or
(b)the breach having been committed intentionally, or
(c)the danger to the public involved in the breach,
Transport for London is satisfied that the permit should be revoked or suspended.
(3)On revoking or suspending a London service permit Transport for London shall send notice of the revocation or suspension to each commissioner of police and London authority notified of the grant of the licence in accordance with section 186(5) above.
(4)A London service permit suspended under this section shall during the period of suspension be of no effect.
(1)Where Transport for London refuses to grant a London service permit, it must issue a notice stating the reasons for the decision to do so to the person who made the application for the permit.
(2)A person to whom a notice has been issued under subsection (1) above may [F352make an appeal] [F353to the First-tier Tribunal] against the decision in relation to which the notice was issued.
(3)Where Transport for London—
(a)attaches any condition to a London service permit, or alters or removes any condition so attached; or
(b)revokes or suspends a London service permit,
it must issue a notice to the holder of the permit stating the reasons for the decision to do so.
(4)A holder of a London service permit to whom a notice has been issued under subsection (3) above may [F352make an appeal] [F354to the First-tier Tribunal] against the decision in relation to which the notice was issued.
F355(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F355(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F355(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F355(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F355(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F355(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F356(11)[F357On an appeal under this section the First-tier Tribunal] may—
(a)uphold the decision,
(b)quash the decision, or
(c)substitute for the decision such other decision which Transport for London had power to make as appears [F358to the tribunal] to be appropriate.]
F359(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F352Words in s. 189(2)(4) substituted (E.W.) (1.4.2002 for E. and otherwise prosp.) by 2000 c. 38, ss. 267(1)(2), 275(1); S.I. 2002/658, art. 2, Sch. Pt. 2
F353Words in s. 189(2) inserted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 24(a)
F354Words in s. 189(4) inserted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 24(a)
F355S. 189(5)-(10) omitted (1.9.2009) by virtue of The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 24(b)
F356S. 189(11)(12) substituted for s. 189(11)-(13) (E.W.) (1.4.2002 for E. and otherwise prosp.) by 2000 c. 38, ss. 267(7), 275(1); S.I. 2002/658, art. 2, Sch. Pt. 2
F357Words in s. 189(11) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 24(c)(i)
F358Words in s. 189(11) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 24(c)(ii)
F359S. 189(12) omitted (1.9.2009) by virtue of The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 24(b)
Modifications etc. (not altering text)
C131S. 189(6): transfer of functions (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), arts. 1(1), 2(2)
(1)The duration of a London service permit shall not be longer than five years.
(2)If, on the date on which a London service permit is due to expire, an application has been made for the grant of a new London service permit in substitution for it and—
(a)Transport for London has neither granted nor refused to grant the London service permit applied for,
(b)Transport for London has refused to grant the London service permit applied for but an appeal against the refusal has been made under section 189 above and not disposed of, or
(c)Transport for London has granted the London service permit applied for but an appeal against a decision to attach a condition to the permit has been made under section 189 above and not disposed of,
subsection (3) below shall apply.
(3)Where this subsection applies, the existing London service permit shall continue in force—
(a)in a case falling within subsection (2)(a) above, until Transport for London grants or refuses to grant the London service permit applied for, or
(b)in a case falling within subsection (2)(b) or (c) above, until the appeal has been disposed of.
(4)Where subsection (3)(a) above applies, if Transport for London—
(a)refuses to grant the London service permit applied for, or
(b)grants the London service permit applied for but at the time of the grant attaches any condition to the permit,
the existing London service permit shall continue in force until any appeal which is made under section 189 above against the decision in question has been disposed of.
(5)This section is without prejudice to section 188 above.
(1)When preparing or revising the guidance document and before finally determining the contents of the document or any revisions, the Mayor shall—
(a)publish a notice in a newspaper circulating in the entire area of Greater London, stating where a draft of the guidance document (or the revisions, as the case may be) may be inspected, and
(b)consult the persons and bodies specified in subsection (2) below.
(2)The persons and bodies mentioned in subsection (1)(b) above are—
(a)each London authority,
(b)the local authority for any other area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be,
(c)the Commissioner of Police of the Metropolis and the Commissioner of Police of the City of London,
[F360(d)a traffic commissioner;]
(f)the London Transport Users’ Committee, and
(g)any other person whom the Mayor considers it appropriate to consult.
(3)Where the Mayor is determining the contents of revisions to the guidance document and the revisions will not affect the entire area of Greater London, the obligation imposed under subsection (1)(a) above shall not have effect and instead a notice stating where a draft of the revisions can be inspected shall be published in a newspaper circulating in the area or areas which the Mayor considers will be affected by the revisions.
Textual Amendments
F360S. 191(2)(d) substituted for s. 191(2)(d)(e) (E.W.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
Modifications etc. (not altering text)
C132S. 191 excluded (28.6.2000) by S.I. 2000/1462, art. 7(5) (with art. 7(9))
(1)The Mayor shall publish the guidance document.
(2)Where the Mayor revises the guidance document he shall publish it as revised.
(3)In this Act, references to the guidance document include, except where the context otherwise requires, a reference to the current version of the guidance document.
(4)The guidance document must be published no later than 180 days after the Mayor has published the transport strategy prepared by him under section 142(1) above.
(5)The Mayor shall send to the Common Council and to each London borough council a copy of the current version of the guidance document.
(6)A copy of the current version of the guidance document shall be kept available by the Mayor for inspection by any person on request free of charge—
(a)at the principal offices of the Authority, and
(b)at such other places as the Mayor considers appropriate,
at reasonable hours.
(7)A copy of the current version of the guidance document, or any part of it, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.
(8)Any reference in this section to the current version of the guidance document is a reference to the guidance document as last published, whether originally or as revised.
Modifications etc. (not altering text)
C133S. 192(1)-(3) extended (28.6.2000) by S.I. 2000/1462, art. 7(6) (with art. 7(9))
C134S. 192(4) restricted (28.6.2000) by S.I. 2000/1462, art. 7(8)(a) (with art. 7(9))
C135S. 192(5) restricted (28.6.2000) by S.I. 2000/1462, art. 7(8)(b) (with art. 7(9))
(1)A London local service agreement shall be of no effect at any time when the party to the agreement who is not Transport for London does not hold—
(a)a PSV operators’ licence, or
(b)a permit granted under section 22 of the M112Transport Act 1985 (a community bus permit).
(2)A London service permit shall be of no effect at any time when the holder of the permit does not hold a licence of the description specified in subsection (1)(a) above, or a permit of the description specified in subsection (1)(b) above.
(3)In any case where a [F361local authority] is providing a service falling within section 46(1) of the M113Public Passenger Vehicles Act 1981 (no requirement for a PSV operators’ licence where a school bus is being used to provide a service)—
(a)subsection (1) above does not apply in relation to any London local service agreement pursuant to which the [F361local authority] is providing the service, and
(b)subsection (2) above does not apply in relation to any London service permit by which the [F361local authority] is authorised to provide the service.
Textual Amendments
F361Words in s. 193(3) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 44
Marginal Citations
(1)The provisions of the M114Public Passenger Vehicles Act 1981 specified in subsection (2) below apply in relation to the grant of London service permits, or to London service permits granted, under this Part of this Act, as they apply in relation to the grant of PSV operators’ licences, or PSV operators’ licences granted, under that Act.
(2)The provisions mentioned in subsection (1) above are—
(a)section 57 (death, bankruptcy, etc. of licence holder) taking the references to [F362a traffic commissioner] as a reference to Transport for London, and
(b)section 58(2) (grant of licences to unincorporated body or to persons jointly).
(3)Section 84 of the M115Public Passenger Vehicles Act 1981 (which relates to the effects of that Act in relation to general public interests) shall have effect as if the provisions of this Chapter were contained in that Act.
Textual Amendments
F362Words in s. 194(2)(a) substituted (E.W.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
Marginal Citations
In this Chapter—
the guidance document shall be construed in accordance with section 185(2) above,
London authority shall be construed in accordance with section 183(7) above,
London bus network shall be construed in accordance with section 181 above,
London local service agreement shall be construed in accordance with section 182 above,
London service permit shall be construed in accordance with section 185 above,
London Transport Users’ Committee means the committee established under section 247 below,
PSV operators’ licence means a licence granted under the provisions of Part II of the M116Public Passenger Vehicles Act 1981,
stopping place means, in relation to any service or part of a service, a point at which passengers are (or, in the case of a proposed service, are proposed to be) taken up or set down in the course of that service or part,
traffic area means a traffic area constituted for the purposes of the M117Public Passenger Vehicles Act 1981,
F363...
Textual Amendments
F363Words in s. 195 omitted (E.W.) (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
Marginal Citations
Textual Amendments
F364S. 196 cross-heading substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 61; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) which S.I. is amended by S.I. 2001/115, art. 2(2))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F365S. 196 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F366Words in s. 197 and sidenote substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 62; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))
F367S. 197 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
(1)The M118Railways (London Regional Transport) (Exemptions) Order 1994 shall have effect with the following amendments.
(2)In article 2 (interpretation) the word and immediately preceding the definition of LRT company shall be omitted, and in that definition, after means there shall be inserted “ (a) ” and at the end there shall be added—
“(b)Transport for London or any subsidiary of theirs; or
(c)a PPP company, so far as carrying out qualifying activities”.
(3)In article 2, after the definition of LRT company there shall be added—
“PPP agreement and PPP company have the same meaning as in Chapter VII of Part IV of the Greater London Authority Act 1999 (public-private partnership agreements);
qualifying activities, in relation to a PPP company, means light maintenance services, network services or station services carried out by the PPP company in fulfilment of obligations imposed on the company by a PPP agreement.”
(4)The amendments made by this section are without prejudice to the exercise of any power conferred by any enactment (including a power conferred by any provision of this Act) to amend the said Order of 1994 by an enactment comprised in subordinate legislation, within the meaning of the M119Interpretation Act 1978.
(1)The Secretary of State may, after consultation with [F368the Office of Rail and Road] F369..., by order grant at any time—
(a)a licence exemption under subsection (1) of section 7 of the M120Railways Act 1993, F370. . ., or
(b)a facility exemption under section 20 of that Act, F371. . .,
subject to and in accordance with the following provisions of this section.
(2)An exemption by virtue of paragraph (a) or (b) of subsection (1) above may only be granted in respect of railway assets or railway facilities comprised in, or used on or in connection with, a network on which some or all of the regular scheduled passenger services are operated by London Regional Transport or Transport for London or a subsidiary of London Regional Transport or Transport for London.
(3)The power conferred by subsection (1) above is exercisable only if the Secretary of State has received an application for the grant of the exemption from the appropriate London transport authority.
(4)In this section—
the appropriate London transport authority means—
as respects any time before the transfer date, London Regional Transport; and
as respects any time on or after that date, Transport for London;
the transfer date means the date on which London Underground Limited becomes a subsidiary of Transport for London;
and, subject to that, expressions used in this section and in Part I of the M121Railways Act 1993 have the same meaning in this section as in that Part.
Textual Amendments
F368Words in s. 199(1) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(n)(i)
F369Words in s. 199(1) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F370Words in s. 199(1)(a) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))
F371Words in s. 199(1)(b) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))
Commencement Information
I39S. 199 partly in force: s. 199 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2)
Marginal Citations
(1)Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, Transport for London may enter into an access contract to which section 18 of the M122Railways Act 1993 applies, notwithstanding—
(a)that such a contract can only be entered into on terms approved (with or without modification) by [F372the Office of Rail and Road] and pursuant to directions given by [F372the Office of Rail and Road] under that section; and
(b)that the terms of the contract may confer on [F372the Office of Rail and Road] powers to determine the manner in which Transport for London is to exercise its functions in relation to the contract.
(2)The duty imposed on the Mayor by section 174 above accordingly also has effect subject, as respects the power conferred on Transport for London by subsection (1) above, to the powers of [F372the Office of Rail and Road] under section 18 of the M123Railways Act 1993.
(3)After section 41 of the M124London Regional Transport Act 1984 there shall be inserted—
(1)Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, London Regional Transport may enter into an access contract to which section 18 of the M125Railways Act 1993 applies, notwithstanding—
(a)that such a contract can only be entered into on terms approved (with or without modification) by the [F373Office of Rail Regulation] and pursuant to directions given by the [F373Office of Rail Regulation] under that section; and
(b)that the terms of the contract may confer on the [F373Office of Rail Regulation] powers to determine the manner in which London Regional Transport is to exercise its functions in relation to the contract.
(2)The duties imposed on London Regional Transport by sections 2 and 8 of this Act accordingly also have effect subject, as respects the power conferred by subsection (1) above, to the powers of the [F373Office of Rail Regulation] under section 18 of the M126Railways Act 1993.”
(4)In section 4 of the M127Railways Act 1993 (general duties of the Secretary of State and the [F373Office of Rail Regulation] ) in subsection (5) (which imposes additional duties on the [F373Office of Rail Regulation] ) the word and immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added “; and
(d)to have regard to the ability of the Mayor of London, London Regional Transport and Transport for London to carry out the functions conferred or imposed on them by or under any enactment”.
Textual Amendments
F372Words in s. 200(1)(2) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(n)(ii)
F373Words in s. 200 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(q); S.I. 2004/827, art. 4(g)
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F374S. 201 repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 16(1), 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
(1)Section 25(1) of the M128Railways Act 1993 (which prevents public sector operators, as defined in the paragraphs of that subsection, from being franchisees) shall be amended as follows.
(2)After paragraph (b) there shall be inserted—
“(bb)the Greater London Authority;
(bc)Transport for London;”.
(3)In paragraph (d) (bodies corporate whose members are appointed by certain other bodies or persons) after a local authority there shall be inserted “ , the Greater London Authority, Transport for London ”.
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F375Words in s. 203 and sidenote substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 65; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))
F376S. 203 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F377S. 204 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
(1)Any franchise agreement entered into under Part I of the M129Railways Act 1993 before the day on which this Act is passed shall have effect on and after that day with the following amendment.
(2)In paragraph (a) of the definition of Local Authority in the agreement, after in England, there shall be inserted “ the Greater London Authority, Transport for London, ”.
Marginal Citations
(1)Section 130 of the M130Railways Act 1993 (penalty fares) shall be amended as follows.
(2)After subsection (9) there shall be inserted—
“(9A)Before making any regulations which have the effect of varying the amount, or the greatest amount, which a person within, or travelling to or from, Greater London may be charged by way of penalty fare, the Secretary of State must consult the Mayor of London.”
Marginal Citations
(1)For the purposes of this section, the services which are reserved services are those whose provision by a person would involve that person in performing or securing the performance, for the purposes of any TfL passenger rail service, of—
(a)any station-operating function; or
(b)any train-operating function.
(2)Transport for London shall not, without the consent of the Secretary of State, enter into or carry out any agreement under which an outside contractor is to provide or secure the provision of a reserved service for Transport for London or a subsidiary of Transport for London.
(3)Where a company which is a subsidiary of Transport for London provides or is to provide, or secures or is to secure the provision of, a reserved service for Transport for London or a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company—
(a)would cease to be a subsidiary of Transport for London; but
(b)would nevertheless provide or continue to provide, or secure or continue to secure the provision of, the reserved service.
(4)Nothing in this section applies in relation to a contract of employment between an individual and Transport for London or a subsidiary of Transport for London.
(5)The Secretary of State may by order provide exceptions from subsection (2) or (3) above.
(6)Any consent of the Secretary of State under this section must be in writing and—
(a)may be given in relation to any particular transaction or description of transactions; and
(b)may be given subject to conditions.
(7)For the purposes of this section—
station-operating function means any of the following functions—
the sale or collection of tickets at stations;
the inspection of tickets, or the imposing of penalty fares, at or in the vicinity of a station, but otherwise than on a train;
the making of oral public announcements at stations;
the provision of information orally to members of the public at stations, otherwise than by means of public announcements;
any duties of staff employed on platforms at stations;
F378...
any other function involved in the management or operation of a station;
train-operating function means any of the following functions—
the driving of passenger trains otherwise than within a depot;
any duties of guards on passenger trains;
the sale, collection or inspection of tickets, or the imposing of penalty fares, on passenger trains;
the operation of signals for controlling the movement of passenger trains otherwise than within a depot;
the exercise of control over the movement of passenger trains otherwise than within a depot;
any other function involved in the operation of passenger trains otherwise than within a depot.
(8)In this section—
contract of employment means any contract of service or apprenticeship;
outside contractor means a person other than Transport for London or a subsidiary of Transport for London;
passenger train means a train which is being, has just been, or is about to be, used for the provision of a TfL passenger rail service;
premises includes any land, building or structure;
railway has the meaning given in section 67(1) of the M131Transport and Works Act 1992;
reserved service shall be construed in accordance with subsection (1) above;
station means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;
TfL passenger rail service means any public service for the carriage of passengers by railway which is under the control of Transport for London or a subsidiary of Transport for London;
ticket includes any other authority to travel or to be present in a part of a station where such an authority is required.
(9)The Secretary of State may by order amend this section for the purpose of varying the meaning in this section of any of the following expressions—
(a)train-operating function;
(b)station-operating function;
(c)outside contractor; or
(d)TfL passenger rail service.
Textual Amendments
F378Words in s. 207(7) omitted (15.7.2003) by virtue of The Transport for London (Reserved Services) (London Underground Limited) Exception Order 2003 (S.I. 2003/1613), arts. 1, 4
Modifications etc. (not altering text)
C136S. 207(2) excluded (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 48(5)
C137S. 207(2) excluded (E.W.) (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 46(5) (with arts. 3(5), 15(3))
C138S. 207(2) excluded (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 1, 44(6) (with art. 43)
C139S. 207(2) excluded (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), arts. 1, 41(5) (with Sch. 8 para. 45)
C140S. 207(2) excluded (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 38(5)
Commencement Information
I40S.207 partly in force: s.207 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2)
Marginal Citations
(1)Section 3 of the M132London Docklands Railway (Lewisham) (No. 2) Act 1993 (transfer of functions relating to the Docklands Light Railway) shall be amended in accordance with subsections (2) to (7) below.
(2)In subsection (1) (which confers a power on the Secretary of State to make orders transferring functions relating to the Docklands Light Railway) for Secretary of State there shall be substituted “ Mayor of London ”.
(3)Subsection (3) (which confers a power to specify in a transfer order circumstances in which the order shall cease to have effect) shall cease to have effect.
(4)After subsection (3) there shall be inserted—
“(3A)The power to make a transfer order under subsection (1) above includes a power to revoke, amend or re-enact any transfer order made under that subsection.
(3B)Without prejudice to subsection (3A) above, a transfer order may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in any such order.”
(5)In subsection (4) (which confers a power to include in a transfer order supplementary etc provision) for Secretary of State there shall be substituted “ Mayor of London. ”
(6)Subsection (6) (which provides that the power to make a transfer order is to be exercisable by statutory instrument) shall cease to have effect.
(7)After subsection (6) there shall be inserted—
“(7)The Mayor of London shall secure that any transfer order made under subsection (1) above (and any order revoking, amending or re-enacting any such order) is printed and published.
(8)A fee may be charged for the sale of an order printed and published under subsection (7) above.”
(8)Any transfer order—
(a)made by the Secretary of State under section 3(1) of the M133London Docklands Railway (Lewisham) (No. 2) Act 1993, and
(b)in force immediately before the coming into force of subsection (3) above,
shall have effect as from the coming into force of that subsection as if it were a transfer order made by the Mayor of London.
(1)The M134Croydon Tramlink Act 1994 shall be amended in accordance with subsections (2) to [F379(10)] below.
(2)In section 9(3) (consent to be obtained for the alteration of the level of a street) in paragraph (b) (which provides for disputes over the giving of consent to be determined by the Secretary of State) for Secretary of State there shall be substituted “ Mayor of London ”.
(3)In section 50 (transfer of functions relating to the Croydon Tramlink) in subsection (1) (which confers a power on the Secretary of State to make orders transferring functions relating to the Croydon Tramlink) for Secretary of State there shall be substituted “ Mayor of London ”.
(4)Subsection (3) of that section (which confers a power to specify in a transfer order circumstances in which the order shall cease to have effect) shall cease to have effect.
(5)After subsection (3) of that section there shall be inserted—
“(3A)The power to make a transfer order under subsection (1) above includes a power to revoke, amend or re-enact any transfer order made under that subsection.
(3B)Without prejudice to subsection (3A) above, a transfer order may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in any such order.”
(6)In subsection (4) of that section (which confers a power to include in a transfer order supplementary etc provision) for Secretary of State there shall be substituted “ Mayor of London ”.
(7)In subsection (7) (duty of London Regional Passengers’ Committee to consider etc matters referred to them)—
(a)in paragraph (b) (references by the Secretary of State) for by the Secretary of State there shall be substituted “ by Transport for London, by the Greater London Authority (acting by the Mayor of London) ”;
(b)in the words following paragraph (c) (persons to whom minutes etc are to be sent) for the Secretary of State,, where first occurring, there shall be substituted “ the Mayor of London, the London Assembly, Transport for London, ”; and
(c)the words from and to such person onwards shall cease to have effect.
(8)Subsection (9) of that section (which provides that the power to make a transfer order is to be exercisable by statutory instrument) shall cease to have effect.
(9)After subsection (9) of that section there shall be inserted—
“(9A)The Mayor of London shall secure that any transfer order made under subsection (1) above (and any order revoking, amending or re-enacting any such order) is printed and published.
(9B)A fee may be charged for the sale of an order printed and published under subsection (9A) above.”
(10)In subsection (11) of that section (interpretation) for London Regional Passengers’ Committee there shall be substituted “ London Transport Users’ Committee ”.
(11)Any transfer order—
(a)made by the Secretary of State under section 50(1) of the M135Croydon Tramlink Act 1994, and
(b)in force immediately before the coming into force of subsection (3) above,
shall have effect as from the coming into force of that subsection as if it were a transfer order made by the Mayor of London.
Textual Amendments
F379Word in s. 209(1) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 59; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)
Marginal Citations
(1)For the purposes of this Chapter a public-private partnership agreement (referred to as a PPP agreement) is a contract in the case of which the conditions set out in the following provisions of this section are satisfied.
(2)At least one of the parties to the contract must be a relevant body for the purposes of this Chapter, that is to say—
(a)London Regional Transport;
(b)Transport for London; or
(c)a subsidiary of London Regional Transport or Transport for London.
(3)The contract must be one which involves—
(a)the provision, construction, renewal, or improvement, and
(b)the maintenance,
of a railway or proposed railway and, if or to the extent that the contract so provides, of any stations, rolling stock or depots used or to be used in connection with that railway.
(4)The railway or proposed railway must be one which—
(a)belongs or will belong to, or to a subsidiary of, London Regional Transport or Transport for London, or
(b)is being provided, constructed, renewed or improved under the contract for, or for a subsidiary of, London Regional Transport or Transport for London.
(5)If a party who undertakes to carry out or secure the carrying out of any or all of the work mentioned in subsection (3) above (a PPP company) is a public sector operator at the time when the contract is made, that party must no longer be a public sector operator on the day following the expiration of the period of six weeks beginning with the day on which the condition in subsection (6) below is satisfied.
(6)The contract must be one which is, or is of a description which is, designated as a PPP agreement.
(1)In this Chapter public sector operator means—
(a)any Minister of the Crown, government department or other emanation of the Crown;
(b)any local authority;
(c)any [F380Integrated Transport Authority for an integrated transport area in England];
[F381(ca)any combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]
[F382(cb)any combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;]
(d)any body corporate whose members are appointed by a Minister of the Crown, a government department, a local authority[F383, an Integrated Transport Authority for an integrated transport area in England [F384or a combined authority] [F384, combined authority or combined county authority]] or by a body corporate whose members are so appointed;
(e)a company—
(i)a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (a) to (d) above;
(ii)in which the majority of the voting rights are held by or on behalf of any of those bodies or persons;
(iii)a majority of whose board of directors can be appointed or removed by any of those bodies or persons; or
(iv)in which the majority of the voting rights are controlled by any of those bodies or persons, pursuant to an agreement with other persons;
(f)a subsidiary of a company falling within paragraph (e) above.
[F385(2)Expressions used in sub-paragraphs (i) to (iv) of subsection (1)(e) above that are defined for the purposes of the Companies Acts (see section 1174 of, and Schedule 8 to, the Companies Act 2006) have the same meaning in those sub-paragraphs.]
Textual Amendments
F380Words in s. 211(1)(c) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 63(2)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F381S. 211(1)(ca) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 92(a); S.I. 2009/3318, art. 2(c)
F382S. 211(1)(cb) inserted (E.W) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 122(a) (with s. 247)
F383Words in s. 211(1)(d) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 92(b); S.I. 2009/3318, art. 2(c)
F384Words in s. 211(1)(d) substituted (E.W) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 122(b) (with s. 247)
F385S. 211(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(3) (with art. 10)
(1)Any designation for the purposes of subsection (6) of section 210 above (a PPP designation) must be made in a direction issued by the appropriate authority.
(2)A PPP designation must—
(a)describe the subject matter of the contracts to which it relates;
(b)describe the parties to those contracts; and
(c)if made before one or more of those contracts has been entered into, state a time by which a contract must have been entered into if it is to be a PPP agreement by virtue of the designation.
(3)The time stated pursuant to paragraph (c) of subsection (2) above must not be later than three months after the date of the direction containing the designation.
(4)A PPP designation may be made before or after the making of any contract to which it relates.
(5)A contract shall not be a PPP agreement by virtue of a PPP designation made after the making of the contract, except with the consent of the parties to the contract.
(6)For the purposes of subsection (1) above the appropriate authority means—
(a)as respects any direction issued before the transfer date, the Secretary of State; and
(b)as respects any direction issued on or after that date, the Mayor.
(1)In this Chapter, key system assets means—
(a)any property, rights or liabilities which are, or are of a description, designated by a relevant body as key system assets in a PPP agreement as originally made; and
(b)any property, rights or liabilities which are designated, or are of a description designated, by a relevant body after the making of a PPP agreement as key system assets in accordance with the terms of, or by an amendment made to, the PPP agreement,
but does not include any property, rights or liabilities which, in accordance with the terms of, or by an amendment made to, the PPP agreement, have for the time being ceased to be designated as key system assets.
(2)No rights or liabilities under contracts of employment shall be designated as key system assets.
(1)The relevant authority shall keep a register of all key system assets for the time being, except as provided by subsection (3) below.
(2)The register shall state—
(a)the date on which any designation of a particular key system asset, or of a description of key system assets, was made; and
(b)sufficient details of any particular key system asset, or any description of key system assets, designated as such to enable the key system assets to be identified.
(3)The register need not contain an entry in respect of any particular key system asset or description of key system assets if the relevant authority, with the consent of the PPP company concerned, keeps the requisite copy documents available for inspection by the public at all reasonable hours free of charge.
(4)For the purposes of this section the requisite copy documents, in the case of any particular key system asset or description of key system assets, are copies of—
(a)the document which contains the designation under paragraph (a) or (b) of section 213(1) above, and
(b)such other documents (if any) as may be necessary to disclose the information which would (apart from subsection (3) above) be required to be stated in the register,
or of such extracts from those documents as disclose the designation or, as the case may be, the information concerned.
(5)The register shall be available for inspection by the public free of charge at all reasonable hours.
(6)A person inspecting the register, or any requisite copy documents available for inspection under subsection (3) above, may make copies of, or of extracts from, the register or requisite copy documents.
(1)Where a PPP agreement is or has been entered into, the powers of the relevant authority include power to enter into and carry out other agreements with other persons in connection with the PPP agreement, whether or not there is any term in the PPP agreement relating to such other agreements.
(2)Where—
(a)a PPP agreement is or has been entered into, and
(b)the PPP company or the relevant authority, or a subsidiary of the PPP company or relevant authority, enters into arrangements with another person (a PPP related third party)—
(i)which do not constitute a PPP agreement, but
(ii)which involve the provision of property or rights for use for the purposes of or otherwise in connection with the PPP agreement,
subsection (3) below applies.
(3)Where this subsection applies, the relevant authority, or a subsidiary of the relevant authority, may enter into an agreement with the PPP related third party for the purpose of enabling the property or rights in question to be designated as, and to be, key system assets as if—
(a)the agreement between the relevant authority or subsidiary and the PPP related third party were a PPP agreement, and
(b)the PPP related third party were the PPP company under that agreement.
(1)If and to the extent that key system assets are property or rights, a PPP company shall not, without the consent of the relevant authority,—
(a)transfer or agree to transfer, or create or agree to create any security over, any of those key system assets or any interest in, or right over, any of those key system assets; or
(b)create or extinguish, or agree to create or extinguish, any interest in, or right over, any of those key system assets.
(2)If and to the extent that key system assets are liabilities, a PPP company shall not, without the consent of the relevant authority, enter into any agreement under which any such liability is released or discharged or transferred to some other person.
(3)Any transaction which is entered into in contravention of subsection (1) or (2) above shall be void.
(4)No execution or other legal process may be commenced or continued, and no distress may be levied [F386and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised], against any property which is, or rights which are, key system assets.
(5)Where a PPP agreement makes provision for or in connection with the transfer to a successor body at any time—
(a)of any shares in a PPP company, or
(b)of any key system assets,
the relevant authority shall ensure that the PPP agreement includes provision specifying, or providing for the determination of, the amounts which are to be paid in respect of those shares or key system assets.
(6)In subsection (5) above, successor body means—
(a)a relevant body;
(b)a PPP company; or
(c)a PPP related third party.
(7)Any reference in this section to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.
(8)In this section security has the meaning given by section 248(b) of the M136Insolvency Act 1986.
Textual Amendments
F386Words in s. 216(4) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 130 (with s. 89); S.I. 2014/768, art. 2(1)(b)
Modifications etc. (not altering text)
C141S. 216(1)(b) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 28
Marginal Citations
(1)Transport for London may make schemes for the transfer of key system assets from any body falling within subsection (2) below to any other such body.
(2)Those bodies are—
(a)Transport for London;
(b)any subsidiary of Transport for London;
(c)any PPP company;
(d)any PPP related third party.
(3)A scheme under this section shall not take effect unless and until it has been approved by the Mayor.
(4)The transfers which may be made by virtue of a scheme under this section include transfers taking effect before, on or after the expiration of the term of the PPP agreement or PPP related third party agreement by reference to which the transferor or transferee under the scheme falls within subsection (2) above.
(5)No scheme under this section for the transfer of key system assets from or to—
(a)a PPP company, or
(b)a PPP related third party,
may be made otherwise than in accordance with the terms of the PPP agreement or PPP related third party agreement by reference to which the PPP company or PPP related third party falls within subsection (2) above.
(6)In this section—
(a)any reference to key system assets includes a reference to property, rights or liabilities which have been or are to be such assets; and
(b)any reference to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.
(7)Schedule 12 to this Act (which makes further provision in relation to schemes under this section) shall have effect.
Commencement Information
I41S. 217 in force at 15.7.2003 by S.I. 2003/1920, art. 2(a)
(1)In this Chapter PPP lease means any lease—
(a)which constitutes a PPP agreement;
(b)which is entered into in accordance with a PPP agreement; or
(c)which is designated as a PPP lease.
(2)An instrument containing a PPP lease must also contain, or have endorsed upon it, a certificate—
(a)signed by or on behalf of the parties to the lease, and
(b)stating that the instrument contains a PPP lease.
(3)Any designation for the purposes of paragraph (c) of subsection (1) above shall be made by the same person, and in the same manner, as if it were a PPP designation.
(4)No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of an agreement between a relevant body and a PPP company as to the terms on which land which is the subject of a PPP lease is provided.
(5)Accordingly no such enactment or rule of law applies in relation to the rights and obligations of the parties to a PPP lease—
(a)so as to exclude or modify in any respect any of the rights and obligations of those parties under the terms of the PPP lease, whether with respect to the termination of the tenancy or any other matter;
(b)so as to confer or impose on any party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the PPP lease, in addition to any such right or obligation provided for by the terms of the PPP lease;
(c)so as to restrict the enforcement (whether by action for damages or otherwise) by any party to the PPP lease of any obligation of any other party under the PPP lease.
(6)In this section lease includes an underlease and an agreement for a lease or underlease.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F387S. 219 repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)
(1)A PPP administration order is an order of the court made in accordance with section 221, 222 or 223 below in relation to a PPP company and directing that, during the period for which the order is in force, the affairs, business and property of the company shall be managed, by a person appointed by the court,—
(a)for the achievement of the purposes of such an order; and
(b)in a manner which protects the respective interests of the members and creditors of the company.
(2)The purposes of a PPP administration order made in relation to any company shall be—
(a)the transfer to another company, or (as respects different parts of its undertaking) to two or more different companies, as a going concern, of so much of the company’s undertaking as it is necessary to transfer in order to ensure that the relevant activities may be properly carried on; and
(b)the carrying on of those relevant activities pending the making of the transfer.
(3)Schedule 14 to this Act shall have effect for applying provisions of the M137Insolvency Act 1986 where a PPP administration order is made.
(4)Schedule 15 to this Act shall have effect for enabling provision to be made with respect to cases in which, in pursuance of a PPP administration order, another company is to carry on all or any of the relevant activities of a PPP company in place of that company.
(5)Without prejudice to paragraph 20 of Schedule 14 to this Act, the power conferred by section 411 of the M138Insolvency Act 1986 to make rules shall apply for the purpose of giving effect to the PPP administration order provisions of this Act as it applies for the purpose of giving effect to Parts I to VII of that Act, but taking any reference in that section to those Parts as a reference to those provisions.
(6)For the purposes of this Chapter, the relevant activities, in relation to a PPP company, are the activities carried out, or to be carried out, by that company in performing its obligations under the PPP agreement to which it is party.
(7)In this section—
business and property have the same meaning as they have in the M139Insolvency Act 1986;
[F388“the court”, in relation to a PPP company, means the court—
having jurisdiction to wind up the company, or
that would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986 (exclusion of winding up jurisdiction in case of companies having principal place of business in, or incorporated in, Northern Ireland);]
the PPP administration order provisions of this Act means this section, sections 221 to 224 below and Schedules 14 and 15 to this Act.
Textual Amendments
F388Words in s. 220(7) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(4) (with art. 10)
Commencement Information
I42S. 220 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
Marginal Citations
(1)If, on an application made to the court by petition presented by the Mayor, the court is satisfied that either or both of the grounds specified in subsection (2) below is satisfied in relation to that PPP company, the court may make a PPP administration order in relation to that company.
(2)The grounds mentioned in subsection (1) above are, in relation to any company,—
(a)that the company is or is likely to be unable to pay its debts;
(b)that, in a case in which the Secretary of State has certified that it would be appropriate for him to petition for the winding up of the company under section 124A of the 1986 Act (petition by the Secretary of State following inspectors’ report etc), it would be just and equitable, as mentioned in that section, for the company to be wound up.
(3)Notice of any petition under this section for a PPP administration order shall be given forthwith to such persons and in such manner as may be prescribed by rules made under section 411 of the 1986 Act; and no such petition shall be withdrawn except with the leave of the court.
(4)Subsections (4) and (5) of section 9 of the 1986 Act (powers on application for administration order) shall apply on the hearing of the petition for a PPP administration order in relation to any company as they apply on the hearing of a petition for an administration order.
(5)Subsections (1), (2), (4) and (5) of section 10 of the 1986 Act (effect of petition) shall apply in the case of a petition for a PPP administration order in relation to any company as if—
(a)the reference in subsection (1) to an administration order were a reference to a PPP administration order; and
(b)paragraph (b) of that subsection did require the leave of the court for the taking of any of the steps mentioned in paragraphs (b) and (c) of subsection (2) (appointment of, and exercise of functions by, administrative receiver).
(6)For the purposes of this section a company is unable to pay its debts if—
(a)it is a company which is deemed to be so unable under section 123 of the 1986 Act (definition of inability to pay debts); or
(b)it is an unregistered company, within the meaning of Part V of the 1986 Act, which is deemed, by virtue of any of sections 222 to 224 of that Act, to be so unable for the purposes of section 221 of that Act (winding up of unregistered companies).
(7)The functions of the Mayor under this section may be exercised by Transport for London acting as his agent, and where Transport for London so acts references to the Mayor shall be construed accordingly.
(8)In this section—
the 1986 Act means the M140Insolvency Act 1986;
the court has the same meaning as in section 220 above.
Commencement Information
I43S. 221 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
Marginal Citations
(1)Where a petition for the winding up of a PPP company is presented by a person other than the Mayor, the court shall not make a winding-up order in relation to that company on that petition unless—
(a)notice of the petition has been served on the Mayor; and
(b)a period of at least fourteen days has elapsed since the service of that notice.
(2)Where a petition for the winding up of a PPP company has been presented, the Mayor may, at any time before a winding-up order is made on the petition, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of a winding-up order.
(3)Where, on a petition for the winding up of a PPP company, the court makes, or proposes to make, a PPP administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the M141Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.
(4)In this section the court has the same meaning as in section 220 above.
Commencement Information
I44S. 222 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
Marginal Citations
(1)No resolution for voluntary winding up shall be passed by a PPP company without leave of the court granted on an application made for the purpose by the company.
(2)No such leave shall be granted unless—
(a)notice of the application has been served on the Mayor; and
(b)a period of at least fourteen days has elapsed since the service of that notice.
(3)Where an application for leave under subsection (1) above has been made by a PPP company, the Mayor may, at any time before leave has been granted under subsection (1) above, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of granting leave under subsection (1) above.
(4)Where, on an application for leave under subsection (1) above, the court makes, or proposes to make, a PPP administration order by virtue of subsection (3) above, subsections (4) and (5) of section 9 of the M142Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that application as they apply on the hearing of a petition for an administration order.
(5)No administration order under Part II of the M143Insolvency Act 1986 shall be made in relation to a PPP company unless—
(a)notice of the application for the order has been served on the Mayor; and
(b)a period of at least fourteen days has elapsed since the service of that notice.
(6)Where an application for an administration order under Part II of the M144Insolvency Act 1986 has been made in the case of a PPP company, the Mayor may, at any time before such an order has been made on that application, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of an administration order under Part II of the M145I solvency Act 1986.
(7)No step shall be taken by any person to enforce any security over a PPP company’s property, except where that person has served fourteen days’ notice of his intention to take that step on the Mayor.
(8)In this section—
the court has the same meaning as in section 220 above;
resolution for voluntary winding up has the same meaning as in the M146Insolvency Act 1986;
security and property have the same meaning as in the M147Insolvency Act 1986.
Commencement Information
I45S. 223 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
Marginal Citations
[F389(1)In the PPP administration order provisions of this Act—
“company” means—
a company registered under the Companies Act 2006, or
an unregistered company; and
“unregistered company” means a company that is not registered under that Act.]
(2)In the application of section 220(1) above in a case where the PPP company there mentioned is a foreign company, the reference to the affairs, business and property of the company shall be taken as a reference to the affairs and business of the company, so far as carried on in Great Britain, and the property of the company within Great Britain.
(3)In the application of section 9(5) of the 1986 Act by virtue of subsection (4) of section 221 above or subsection (3) of section 222 above where the petition mentioned in the subsection in question relates to a company which is a foreign company, the reference to restricting the exercise of any powers of the directors or of the company shall be taken as a reference to restricting—
(a)the exercise within Great Britain of the powers of the directors or of the company; or
(b)any exercise of those powers so far as relating to the affairs, business or property of the company in Great Britain.
(4)In the application of provisions in section 10 of the 1986 Act by virtue of subsection (5) of section 221 above where the company mentioned in that subsection is a foreign company—
(a)paragraph (a) of subsection (1) shall be omitted;
(b)any reference in paragraph (b) or (c) of that subsection to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain;
(c)in paragraph (c) of that subsection—
(i)the reference to the commencement or continuation of proceedings shall be taken as a reference to the commencement or continuation of proceedings in Great Britain; and
(ii)the reference to the levying of distress against the company shall be taken as a reference to the levying of distress against the foreign company to the extent of its property in England and Wales; and
(d)any reference in subsection (2) to an administrative receiver shall be taken to include a reference to any person performing, in relation to the foreign company, functions equivalent to those of an administrative receiver, within the meaning of section 251 of the 1986 Act.
(5)Subsections (1) to (4) of section 223 above shall not have effect in relation to a PPP company which is a foreign company.
(6)In the application of subsection (7) of that section where the PPP company there mentioned is a foreign company, the reference to the company’s property shall be taken as a reference to such of its property as is for the time being situated in Great Britain.
(7)In this section—
the 1986 Act means the M148Insolvency Act 1986;
foreign company means a company incorporated outside Great Britain;
the PPP administration order provisions of this Act means sections 220 to 223 above, this section and Schedules 14 and 15 to this Act.
Textual Amendments
F389S. 224(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(5) (with art. 10)
Commencement Information
I46S. 224 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
Marginal Citations
(1)The Secretary of State may appoint a person to an office to be known as the Public-Private Partnership Agreement Arbiter (in this Chapter referred to as the PPP arbiter).
(2)The PPP arbiter shall have the functions conferred or imposed on him by or under this Act.
(3)The PPP arbiter shall be a corporation sole by the name of the Public-Private Partnership Agreement Arbiter.
(4)If at any time no person holds the office of PPP arbiter, the Secretary of State shall appoint a person to that office if requested in writing to do so by a party to a PPP agreement.
(5)A request under subsection (4) above must not include a request for a particular person to be appointed.
(6)Before making an appointment under subsection (1) or (4) above, the Secretary of State shall consult such persons as he considers appropriate concerning—
(a)the person to be appointed; and
(b)the terms of the appointment.
(7)The office of PPP arbiter may not be held by—
(a)the Mayor;
(b)an Assembly member;
(c)the Authority or a member of staff of the Authority;
(d)Transport for London or a subsidiary of Transport for London;
(e)a member of Transport for London or a director of a subsidiary of Transport for London;
(f)a member of staff of Transport for London or of a subsidiary of Transport for London; or
(g)a director or employee of a PPP company or of a subsidiary of a PPP company or of a company of which a PPP company is a subsidiary.
(1)A person appointed to be the PPP arbiter shall be appointed for such term as may be specified or described in the instrument appointing him and shall hold and vacate office as the PPP arbiter in accordance with the terms of his appointment.
(2)There shall be paid to the PPP arbiter such remuneration, and such travelling and other allowances, as the Secretary of State may determine.
(3)There shall be paid such pension, allowance or gratuity to or in respect of the PPP arbiter, or such contributions or payments towards provision for such a pension, allowance or gratuity, as the Secretary of State may determine.
(4)A person may resign from office as the PPP arbiter at any time by giving notice to the Secretary of State.
(5)The Secretary of State may remove a person from office as the PPP arbiter—
(a)on the ground of incapacity or misbehaviour; or
(b)where the Secretary of State considers that there has been unreasonable delay in the discharge of the functions of the PPP arbiter.
(1)The PPP arbiter may appoint such staff as he may determine, subject to any restrictions contained in the terms of his appointment.
(2)The staff of the PPP arbiter shall be appointed on such terms and conditions as he shall determine, subject to any restrictions contained in the terms of his appointment.
(3)Any function of the PPP arbiter may be exercised by any member of his staff authorised for the purpose by him or, if there is no person who holds the office of PPP arbiter, by the Secretary of State whether specially or generally.
[F390(1)Subsections (2) and (3) shall apply while a member of [F391the Office of Rail and Road] holds the office of PPP arbiter.]
(2)Where this subsection applies, any member of [F391the Office of Rail and Road]’s staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of the PPP arbiter’s staff of similar status.
(3)Where this subsection applies, any member of the PPP arbiter’s staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of [F391the Office of Rail and Road]’s staff of similar status.
(4)Subsections (2) and (3) above apply notwithstanding anything in the terms or conditions of employment of the member of staff concerned.
Textual Amendments
F390S. 228(1) substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 23; S.I. 2004/827, art. 4(g)
F391Words in s. 228 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(n)(iii)
(1)A PPP agreement may provide for matters of any description specified in the agreement to be referred to the PPP arbiter.
(2)A party to a PPP agreement may refer to the PPP arbiter for direction any matter of a description specified in a provision of that agreement by virtue of subsection (1) above.
(3)Where a matter is referred under this section to the PPP arbiter for direction he—
(a)shall give a direction in relation to that matter; and
(b)may give a direction in relation to any other matter which is ancillary or incidental to the matter referred.
(4)The directions that may be given under subsection (3) above include directions relating to the inclusion of new terms in, or the variation of existing terms of, the PPP agreement in question.
(5)The PPP arbiter shall give notice of any direction under subsection (3) above to the parties to the PPP agreement in question.
(6)A direction under subsection (3) above shall be final and binding—
(a)on the parties to the PPP agreement in question, and
(b)on any persons claiming through or under those parties,
and shall, if and to the extent that the notice given under subsection (5) above so provides, take effect as a term of the PPP agreement.
(7)Where a direction has been given under subsection (3) above, the parties to the PPP agreement in question may jointly agree that subsection (6) above is not to have effect in relation to that direction.
(1)Any matter relating to a PPP agreement may be referred to the PPP arbiter for consideration by him—
(a)by all the parties to the PPP agreement acting jointly, if they so agree; or
(b)by any party to the PPP agreement.
(2)Where a matter is referred by virtue of subsection (1) above to the PPP arbiter for consideration he shall consider the matter and—
(a)if the matter was referred under paragraph (a) of that subsection, shall give to the parties who referred the matter such guidance as he considers appropriate; or
(b)if the matter was referred under paragraph (b) of that subsection, may give to the parties to the PPP agreement such guidance as he considers appropriate.
(3)The guidance which may be given by the PPP arbiter by virtue of subsection (2) above includes guidance about any matter which he considers relevant to the PPP agreement in question.
(4)Where the PPP arbiter has given any guidance under this section in relation to a matter which is subsequently referred to him for direction under subsection (3) of section 229 above, the direction which may be given by the PPP arbiter under that subsection is not restricted by that guidance.
(1)In giving in relation to a PPP agreement—
(a)any direction under section 229(3) above, or
(b)any guidance under section 230(2) above,
the PPP arbiter shall act in the way he considers best calculated to achieve the objectives specified in subsections (2) to (5) below.
(2)The objective specified in this subsection is to ensure that an opportunity to review and amend the requirements imposed, or proposed to be imposed, on a PPP company by or under the PPP agreement in question is afforded to the appropriate relevant body if, in the opinion of the PPP arbiter, the proper price for the performance of those requirements exceeds the resources which that relevant body has notified to the PPP arbiter that it has, or expects to have, available for the purpose.
In this subsection appropriate relevant body means a relevant body which is a party to the PPP agreement and is to pay the price under the agreement.
(3)The objective specified in this subsection is to promote efficiency and economy—
(a)in the provision, construction, renewal, or improvement, as the case may be, and
(b)in the maintenance,
of the railway infrastructure to which the PPP agreement in question relates.
(4)The objective specified in this subsection is to ensure that any rate of return incorporated in the PPP agreement in question would, in the opinion of the PPP arbiter,—
(a)taking into account such matters as may be specified in the PPP agreement, and
(b)leaving out of account such other matters as may be so specified,
be earned by a company which is efficient and economic in its performance of the requirements imposed on the PPP company by or under the PPP agreement.
(5)The objective specified in this subsection is to enable any PPP company which is a party to the PPP agreement in question to plan the future performance of the agreement with reasonable certainty.
(6)In giving any such direction or guidance as is mentioned in subsection (1) above the PPP arbiter is to take account of any factors which—
(a)are notified to him by the parties to the PPP agreement in question, acting jointly, as factors to which he must have regard when giving the direction or guidance in question, or
(b)are factors specified or described in the PPP agreement in question as factors to which the PPP arbiter must have regard in giving any direction under section 229(3) above or any guidance under section 230(2) above.
(7)For the purposes of subsection (4) above, a rate of return is incorporated in a PPP agreement if, and only if, the PPP agreement—
(a)contains provision specifying, or for determining, the rate of return which the PPP company in question might reasonably expect to earn; and
(b)states that subsection (4) above is to have effect in relation to that provision.
(8)In this section railway infrastructure means the railway or proposed railway in question and includes a reference to any stations, rolling stock or depots used or to be used in connection with that railway.
(1)For the purposes of the proper discharge of the functions conferred or imposed on him by or under this Act, the PPP arbiter may—
(a)carry out inspections of such of the railway infrastructure or equipment belonging to, or under the control of, any party to a PPP agreement as he considers appropriate;
(b)consult such bodies or persons as he considers appropriate in relation to any direction or guidance given or proposed to be given by him;
(c)do all such things as he considers appropriate for or in connection with the giving of a direction under section 229(3) above or guidance under section 230(2) above; and
(d)do such other things as he considers necessary or expedient.
(2)The powers conferred on the PPP arbiter by this section and section 233 below are exercisable for purposes preparatory or ancillary to the giving of directions or guidance under this Chapter generally and notwithstanding that there is no matter in relation to which a direction under section 229(3) above, or guidance under section 230(2) above, is required.
(3)In this section railway infrastructure has the same meaning as in section 231 above.
(1)Any person falling within subsection (2) below shall, at the request of the PPP arbiter, provide him with such information as the PPP arbiter considers relevant to the proper discharge of the functions conferred or imposed on him by or under this Act and as may be specified or described in the request.
(2)The persons who fall within this subsection are—
(a)any party to a PPP agreement;
(b)any associate of a party to a PPP agreement; and
(c)any PPP related third party.
(3)The information shall be provided in such form and manner, and within such time, as may be specified in the request.
(4)A person is not obliged by virtue of this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.
(5)For the purposes of subsection (2)(b) above, associate, in relation to a party to a PPP agreement, means—
(a)a parent undertaking of that party;
(b)a subsidiary undertaking of any parent undertaking of that party;
(c)a subsidiary undertaking of that party; or
(d)an undertaking in which that party, or any undertaking falling within paragraphs (a) to (c) above, has a participating interest.
(6)For the purposes of subsection (5) above—
parent undertaking and subsidiary undertaking shall be construed in accordance with [F392section 1162 of the Companies Act 2006] ;
undertaking has the meaning given by [F393section 1161(1)] of that Act; and
participating interest has the meaning given by [F394section 421A of the Financial Services and Markets Act 2000] .
Textual Amendments
F392Words in s. 233(6) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 210(a) (with arts. 6, 11, 12)
F393Words in s. 233(6) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 210(c) (with arts. 6, 11, 12)
F394Words in s. 233(6) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 210(b) (with arts. 6, 11, 12)
(1)If a person fails to comply with a request under section 233(1) above, the PPP arbiter may serve a notice on that person requiring him—
(a)to produce to the PPP arbiter, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or
(b)to provide to the PPP arbiter, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.
(2)No person shall be required under this section—
(a)to produce any documents which he could not be compelled to produce in civil proceedings in the court; or
(b)in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings.
(3)A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under subsection (1) above is guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
(4)If a person makes default in complying with a notice under subsection (1) above, the court may, on the application of the PPP arbiter, make such order as the court thinks fit for requiring the default to be made good.
(5)Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.
(6)In this section—
(a)any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and
(b)the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
(7)In this section the court means the High Court.
(1)Subject to the following provisions of this section, no information with respect to any particular business which—
(a)has been obtained by the PPP arbiter under or by virtue of any of the provisions of this Chapter, and
(b)relates to the affairs of any individual or to any particular business,
shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
(2)Subsection (1) above does not apply to any disclosure of information which is made—
(a)for the purpose of facilitating the carrying out by the Secretary of State, the Mayor of London, Transport for London or the PPP arbiter of any of his or, as the case may be, its functions under this Act;
(b)for the purpose of facilitating the carrying out by the Secretary of State, [F395the Office of Rail and Road], F396... the [F397Competition and Markets Authority] or the Mayor of any of his or, as the case may be, its functions under the M149Railways Act 1993 [F398, the Railways Act 2005 [F399, the Railway (Licensing of Railway Undertakings) Regulations 2005 or the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016;]]
(c)for the purpose of facilitating the carrying out by—
(i)any Minister of the Crown,
F400(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F401(iii)the Competition and Markets Authority]
[F402(iv)the Office of Communications,]
(v)the Director General of Gas Supply,
[F403(vi)the Water Services Regulation Authority,]
(vii)the Director General of Electricity Supply,
(viii)the Civil Aviation Authority,
(ix)F404... or
(x)a local weights and measures authority in Great Britain,
of any of his or, as the case may be, its functions under any of the enactments or instruments specified in subsection (3) below;
(d)for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the M150Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed under the enactments relating to companies to carry out his functions;
(e)for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the M151Insolvency Act 1986 to carry out its functions as such;
(f)for the purpose of facilitating the carrying out by F405... the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the M152Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;
[F406(fa)for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;]
(g)for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
F407(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(k)for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or
(l)in pursuance of [F408an EU] obligation.
(3)The enactments and instruments referred to in subsection (2) above are—
(a)the M153Trade Descriptions Act 1968;
(b)the M154Fair Trading Act 1973;
(c)the M155Consumer Credit Act 1974;
F409(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F409(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)the M156Estate Agents Act 1979;
(g)the M157Competition Act 1980;
(h)the M158Telecommunications Act 1984;
(j)the M159Airports Act 1986;
(k)the M160Gas Act 1986;
(l)the M161Insolvency Act 1986;
(m)the M162Consumer Protection Act 1987;
(n)the M163Electricity Act 1989;
F410(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(p)the M164Water Industry Act 1991;
(q)the M165Water Resources Act 1991;
(r)the M166Railways Act 1993;
[F411(rr)the Competition Act 1998]
[F412(rs)the Enterprise Act 2002;]
[F413(rt)the Communications Act 2003;]
[F414(rta)the Water Act 2003;]
[F415(ru)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;]
[F416(s)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.]
[F417(t)Part 1 of the Civil Aviation Act 2012]
[F418(u)Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013]
[F419(v)the Water Act 2014.]
[F420(w)the following provisions of the Digital Markets, Competition and Consumers Act 2024—
(i) Part 3;
(ii) Chapter 1 of Part 4;
(iii) Chapter 2 of Part 5.]
(4)The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.
(5)The prohibition imposed by subsection (1) above shall be enforceable by civil proceedings—
(a)by the individual mentioned in that subsection, or
(b)by the person for the time being carrying on the business there mentioned,
for an injunction or for any other appropriate relief or remedy.
F421(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F395Words in s. 235(2)(b) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(n)(iv)
F396Words in s. 235(2)(b) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(5)(a), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
F397Words in s. 235(2)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 119(2) (with art. 3)
F398Words in s. 235(2)(b) substituted (28.11.2005) by The Railways Infrastructure (Access and Management) Regulations 2005 (S.I. 2005/3049), reg. 1(1), Sch. 1 para. 5(a) (with reg. 4)
F399Words in s. 235(2)(b) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 23; 2020 c. 1, Sch. 5 para. 1(1)
F400S. 235(2)(c)(ii) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 119(3) (with art. 3)
F401S. 235(2)(c)(iii) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 119(3) (with art. 3)
F402S. 235(2)(c)(iv) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 157(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F403S. 235(2)(c)(vi) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 11(a)
F404S. 235(2)(c)(ix) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 22(10); S.I. 2015/1732, art. 2(e)(vi) (with art. 7)
F405Words in s. 235(2)(f) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)
F406S. 235(2)(fa) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 73; S.I. 2014/251, art. 4
F407S. 235(2)(h) omitted (28.11.2005) by virtue of The Railways Infrastructure (Access and Management) Regulations 2005 (S.I. 2005/3049), reg. 1(1), Sch. 1 para. 5(b) (with reg. 4)
F408Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4, 6(1)(3) (with art. 3(2)(3), 4(2), 6(4)(5))
F409S. 235(3)(d)(e) repealed (1.3.2000) by S.I. 2000/311, art. 35(2)(a)
F410S. 235(3)(o) omitted (1.10.2013) by virtue of The Property Misdescriptions Act 1991 (Repeal) Order 2013 (S.I. 2013/1575), art. 1, Sch. para. 2
F411S. 235(3)(rr) inserted (1.3.2000) by S.I. 2000/311, art. 35(2)(b)
F412S. 235(3)(rs) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 39(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F413S. 235(3)(rt) inserted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 157(3) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F414S. 235(3)(rta) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 11(b)(i)
F415S. 235(3)(ru) inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 59(a) (with reg. 28(2)(3))
F416S. 235(3)(s) substituted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 59(b) (with reg. 28(2)(3))
F417S. 235(3)(t) inserted (6.4.2013) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 10 (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(3)
F418S. 235(3)(u) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 119(4) (with art. 3)
F419S. 235(3)(v) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 11(b)(ii)
F420S. 235(3)(w) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 25(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)
F421S. 235(6) repealed (1.2.2001) by 2000 c. 38, ss. 215(1), 274, Sch. 16 para. 66(1)(3), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))
Modifications etc. (not altering text)
C142S. 235(3) modified (8.2.2007 immediately before the Wireless Telegraphy Act 2006 (c. 36) comes into force) by The Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006 (S.I. 2006/1391), art. 1, Sch. para. 7(3)(e)
C143S. 235(2) modified (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 41; 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I47S. 235 wholly in force at 12.1.2000: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 235 in force at 12.1.2000 by S.I. 1999/3434, art. 2
Marginal Citations
(1)The PPP arbiter is not liable for anything done or omitted in the discharge or purported discharge of his functions as the PPP arbiter unless the act or omission is shown to have been in bad faith.
(2)Subsection (1) above applies to a member of the staff of, or an agent of, the PPP arbiter as it applies to the PPP arbiter.
(1)The following expenses, namely—
(a)any sums payable by virtue of section 226(2) or (3) above, and
(b)any expenses duly incurred by the PPP arbiter or by any staff of the PPP arbiter,
shall be defrayed by the Secretary of State.
(2)A relevant body which is a party to a PPP agreement shall pay to the Secretary of State, at such times as he may direct, such sums as the Secretary of State may determine in respect of expenses defrayed by the Secretary of State under subsection (1) above.
(3)A PPP agreement may provide that sums paid by a relevant body by virtue of subsection (2) above, or any portion of such sums as may be specified or described in the PPP agreement, may be recovered by the relevant body from a PPP company which is a party to the PPP agreement.
(4)Where a PPP agreement includes provision by virtue of subsection (3) above making any sum recoverable by a relevant body, the directions which may be given under section 229(3) above include directions varying the amount so recoverable.
(5)Sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund.
Where, by virtue of a PPP agreement, statutory functions relating to a railway are exercisable by a PPP company, the PPP company shall, as respects any matter arising from the carrying out of the subject-matter of the PPP agreement, be taken to be authorised by an enactment to carry on a railway undertaking.
(1)In this Chapter, unless the context otherwise requires—
key system assets has the meaning given by section 213(1) above;
locomotive means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle);
PPP agreement has the meaning given by section 210 above;
PPP arbiter shall be construed in accordance with section 225(1) above;
PPP company shall be construed in accordance with section 210(5) above;
PPP designation shall be construed in accordance with section 212(1) above;
PPP lease has the meaning given by section 218 above;
PPP related third party shall be construed in accordance with section 215(2)(b) above;
PPP related third party agreement means any arrangements falling within section 215(2)(b) above;
premises includes any land, building or structure;
public sector operator has the meaning given by section 211 above;
railway has the meaning given in section 67(1) of the M167Transport and Works Act 1992;
railway vehicle includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along a railway;
the relevant authority means—
as respects any time before the transfer date, London Regional Transport; and
as respects any time on or after that date, Transport for London;
relevant body has the meaning given by section 210(2) above (that is to say, London Regional Transport, Transport for London or a subsidiary of London Regional Transport or Transport for London);
rolling stock means any carriage, wagon or other vehicle used on a railway and includes a locomotive;
station means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;
the transfer date means the date on which London Underground Limited becomes a subsidiary of Transport for London;
vehicle includes a railway vehicle.
(2)Any reference in this Chapter to a railway includes a reference to any stretch of track comprised in a railway.
Marginal Citations
Modifications etc. (not altering text)
C144Pt. IV Ch. VIII: power to amend conferred (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
(1)Subject to subsection (3) below, any local authority, or any two or more local authorities acting jointly, may enter into arrangements with Transport for London under which—
(a)Transport for London grants, or arranges with some other person for that other person to grant, such travel concessions as may be provided for by the arrangements to [F422such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements]; and
(b)that local authority reimburses (or, as the case may be, those local authorities in such proportions respectively as they may agree amongst themselves reimburse) the cost incurred in granting those concessions.
(2)Subject to subsection (3) below, any London authority, or any two or more London authorities acting jointly, may enter into, with any independent transport service operator or with the [F423 Secretary of State ] , arrangements under which—
(a)that operator or (as the case may be) the [F423 Secretary of State ] grants such travel concessions as may be provided for by the arrangements to [F424such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements]; and
(b)that authority reimburses (or, as the case may be, those authorities in such proportions respectively as they may agree among themselves reimburse) the cost incurred in granting those concessions.
(3)The concessions that may be provided for by any arrangements under subsection (1) or (2) above are concessions on journeys—
(a)between places in Greater London;
(b)between such places and places outside but in the vicinity of Greater London; or
(c)between places outside but in the vicinity of Greater London.
(4)Any arrangements entered into by a local authority under subsection (1) or (2) above may include provision for the performance of functions in connection with the travel concessions in question by the local authority or local authorities concerned.
(5)The persons eligible to receive travel concessions under arrangements made under subsection (1) or (2) above [F425by an authority are]
[F426(a)persons appearing to the authority to have their sole or principal residence in the authority's area and to be persons—]
[F427(i)]who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the M168Pensions Act 1995);
[F427(ii)]who are blind;
[F427(iii)]who are partially sighted;
[F427(iv)]who are profoundly or severely deaf;
[F427(v)]who are without speech;
[F427(vi)]who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;
[F427(vii)]who do not have arms or have long-term loss of the use of both arms;
[F427(viii)]who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; or
[F427(ix)]who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the M169Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol.[F428; or
(b)persons to whom a current statutory travel concession permit has been issued under section 145A(4) of the Transport Act 2000.]
[F429(5A)The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection [F430 (5)(a)(ii) to (ix) ] above.
(5B)Before issuing guidance under subsection (5A) above the Secretary of State shall consult—
(a)the Disabled Persons Transport Advisory Committee;
(b)associations representative of local authorities; and
(c)such other persons as he thinks fit.]
[F431(5C)The Secretary of State may issue guidance to local authorities to which they must have regard in determining for the purposes of this Chapter whether a person has his sole or principal residence in an authority's area.]
(6)In subsection (2) above independent transport service operator means any person, other than a person to whom subsection (7) below applies, operating—
(a)a public service vehicle undertaking (public service vehicle for this purpose having the meaning given by section 1 of the M170Public Passenger Vehicles Act 1981);
(b)a system using guided transport within the meaning of subsection (1) of section 67 of the M171Transport and Works Act 1992;
(c)a railway within the meaning of that subsection;
(d)a tramway within the meaning of that subsection;
(e)a trolley vehicle system within the meaning of that subsection; or
(f)an undertaking providing public passenger transport services on the river Thames or a tributary of the river Thames between places in Greater London or between places in Greater London and places outside Greater London.
(7)This subsection applies to—
(a)Transport for London or any of its subsidiaries;
(b)the [F432 Secretary of State ] ; and
(c)any person providing public passenger transport services in pursuance of an agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement.
(8)In this Chapter—
F433. . .
local authority means the council of a county or district and any London authority;
London authority means any London borough council and the Common Council; and
travel concession means the reduction or waiver of a fare or charge either absolutely or subject to terms, limitations or conditions.
(9)For the purposes of this Chapter a reference to an agreement entered into by Transport for London under section 156(2) or (3) above includes a reference to an agreement—
(a)which was entered into by London Regional Transport under section 3(2) or (2A) of the M172London Regional Transport Act 1984, and
(b)which by virtue of section 300 or 415 below has effect as if made by Transport for London.
Textual Amendments
F422Words in s. 240(1)(a) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(3); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)
F423Words in s. 240(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(6); S.I. 2005/1909, art. 2, Sch.
F424Words in s. 240(2)(a) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(3); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)
F425Words in s. 240(5) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(4); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)
F426Words in s. 240(5) substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 4(2)(a), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F427S. 240(5)(a)(i)-(ix): s. 240(5)(a)-(i) renumbered as s. 240(5)(a)(i)-(ix) (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 4(2)(b), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F428S. 240(5)(b) and word inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 4(2)(c), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F429S. 240(5A)(5B) inserted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(5); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)
F430Words in s. 240(5A) substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 4(3), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F431S. 240(5C) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 4(4), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F432Words in s. 240(7) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(6); S.I. 2005/1909, art. 2, Sch.
F433Definition in s. 240(8) omitted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 67(1)(3) and repealed (1.2.2001 for E. by 2000 c. 38, s. 274, Sch. 31 Pt. III; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))
Modifications etc. (not altering text)
C145S. 240(5)(a)(i) modified (E.) (6.4.2010) by The Travel Concessions (Eligibility)(England) Order 2010 (S.I. 2010/459), arts. 1(1), 2
C146The first reference to "Transport for London" in s. 240(1) amended (temp. from 3.7.2000 to the date defined in S.I. 2000/1504, art. 2(6)) by S.I. 2000/1504, art. 5(1)
C147S. 240(7) extended (3.7.2000) by S.I. 2000/1504, art. 5(5)
Marginal Citations
(1)If immediately before 1st January in any financial year it appears to Transport for London that there are not for the time being in force arrangements under section 240(1) above for travel concessions F435... which—
(a)meet the requirements of section 242 below as to scope,
(b)meet the requirements of section 243 below as to uniformity, and
(c)will apply throughout the next following financial year,
there shall have effect during that next following financial year a scheme (the free travel scheme) for the purpose of ensuring that travel concessions are provided for [F436 all eligible England residents and that additional travel concessions are provided for ] [F437all]eligible London residents.
(2)Where individual arrangements under section 240(1) above made between a particular local authority or local authorities and Transport for London apply to [F438 certain eligible England residents or ] certain eligible London residents only, all arrangements so made shall be considered together for the purpose of determining whether the requirements of sections 242 and 243 below are satisfied.
(3)In any financial year during which the free travel scheme has effect it shall be the duty of Transport for London to provide or secure the provision of the travel concessions for [F439 eligible England residents and the additional travel concessions for ] eligible London residents required by the free travel scheme.
[F440(4)In this Chapter—
“eligible England residents” means—
persons to whom a current statutory travel concession permit has been issued under section 145A(4) of the Transport Act 2000, and
eligible London residents;
“eligible London residents” means persons whose sole or principal residence is in Greater London and who are eligible in accordance with section 240(5)(a) above to receive travel concessions under arrangements under subsection (1) of that section.]
(5)Schedule 16 to this Act (which makes further provision relating to the free travel scheme) shall have effect.
Textual Amendments
F434Words in s. 241 heading repealed (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 5(6), 15(1), Sch. 3; S.I. 2007/2799, arts. 2, 3 (with art. 4)
F435Words in s. 241(1) repealed (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 5(2)(a), 15(1), Sch. 3; S.I. 2007/2799, arts. 2, 3 (with art. 4)
F436Words in s. 241(1) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 5(2)(b), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F437Word in s. 241(1) inserted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(6); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
F438Words in s. 241(2) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 5(3), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F439Words in s. 241(3) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 5(4), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F440S. 241(4) substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 5(5), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
Modifications etc. (not altering text)
C148S. 241(2) amended (temp. from 3.7.2000 to the date defined in S.I. 2000/1504, art. 2(6)) by S.I. 2000/1504, art. 6
(1)Arrangements under section 240(1) above for travel concessions F441... meet the requirements of this section as to scope if they provide
[F442(a)] for the grant of travel concessions to all eligible London residents on journeys falling within subsection (2) below;
[F443(b)for the grant to all eligible England residents of the travel concession specified in subsection (8) below; and
(c)for the grant to all eligible London residents of the additional travel concession specified in subsection (8A) below.]
[F444(1A)Paragraphs (b) and (c) of subsection (1) above are not to be taken as restricting the concessions that may be provided to eligible London residents on the London bus network by virtue of paragraph (a) of that subsection.]
(2)[F445The journeys referred to in subsection (1)(a) above] are journeys of a description falling within section 240(3) above, on the London Local Transport Network.
(3)For the purposes of this Chapter, the London Local Transport Network consists of—
(a)bus services which together make up the London bus network within the meaning of section 181 above;
(b)services using a system of guided transport which are provided by Transport for London or under an agreement entered into by Transport for London under section 156(2) or (3)(a) above or under a transport subsidiary’s agreement;
(c)railway services which are so provided;
(d)tramway services which are so provided; and
(e)services on the river Thames or a tributary of the river Thames which are so provided.
(4)In subsection (3) above guided transport, railway and tramway have the same meanings as in section 240(6) above.
(5)[F446Subsection (1)(a) above does] not preclude the imposition of terms, limitations or conditions with respect to the particular journeys falling within subsection (2) above on which travel concessions are available.
(6)Such terms, limitations or conditions may make different provision for different categories of eligible London residents.
(7)In this Chapter a reference to a category of eligible London residents is a reference to [F447a category specified in any one of the [F448sub-paragraphs of section 240(5)(a)]] above.
[F449(8)The travel concession which must be granted for all eligible England residents is a waiver of the fare for each journey beginning on the London bus network—
(a)at any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971; or
(b)in the period from 9.30 am to 11.00 pm on any other day,
(whether or not the journey ends on that network).
(8A)The additional travel concession which must be granted for all eligible London residents is a waiver of the fare for each journey which is on the London bus network and which begins—
(a)in the period from midnight to 4.30 am; or
(b)in the period from 11.00 pm to midnight,
on any day other than one mentioned in subsection (8)(a) above.
(8B)In subsections (8) and (8A) above “journey” means a journey on one public service vehicle (in one direction); and for this purpose “public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981.]
F450(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F451(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F441Words in s. 242(1) repealed (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 6(2)(a), 15(1), Sch. 3; S.I. 2007/2799, arts. 2, 3 (with art. 4)
F442Word "(a)" in s. 242(1) inserted (1.4.2001) by 2000 c. 38, s. 151(7)(8); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)
F443S. 242(1)(b)(c) substituted for s. 242(1)(b) and preceding word (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 6(2)(b), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F444S. 242(1A) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 6(3), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F445Words in s. 242(2) substituted (E.W) (1.4.2001) by 2000 c. 38, s. 151(7)(9); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
F446Words in s. 242(5) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(7)(10); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
F447Words in s. 242(7) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(7)(11); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
F448Words in s. 242(7) substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 6(4), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F449S. 242(8)-(8B) substituted for s. 242(8) (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 6(5), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F450S. 242(9) omitted (30.12.2005) by virtue of The Travel Concessions (Extension of Entitlement) (England) Order 2005 (S.I. 2005/3224), arts. 1(2), 2(b)
F451S. 242(10) repealed (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 6(6), 15(1), Sch. 3; S.I. 2007/2799, arts. 2, 3 (with art. 4)
Modifications etc. (not altering text)
C149Pt. IV Ch. VIII: power to amend conferred (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8, 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
C150S. 242(3) extended (temp. from 3.7.2000 to the date defined in S.I. 2000/1504, art. 2(b)) by S.I. 2000/1054, art. 7
(1)Arrangements under section 240(1) above for travel concessions F452... meet the requirements of this section as to uniformity if they—
(a)make the same provision, for all eligible London residents of the same category, with respect to the benefit of any travel concession granted to those residents under the arrangements and the periods during which it is available;
(b)make the enjoyment of the benefit of any travel concession granted under the arrangements conditional on the production, by any person seeking to travel under that concession, of a travel concession permit F453...
[F453(i)issued to the person in accordance with the arrangements by the London authority in whose area the person has his sole or principal residence (in the case of an eligible London resident), or
(ii)issued to the person pursuant to section 145A(4) of the Transport Act 2000 (in the case of any other eligible England resident)] and;
(c)make the same provision with respect to the period of validity of all travel concession permits issued in accordance with the arrangements to eligible London residents of the same category,
whether or not, in any other respects, the arrangements make different provision for different cases to which they apply.
(2)References in subsection (1) above to the benefit of a travel concession are references to the waiver or reduction of any fare or charge to which the arrangements in question apply, as distinct from any terms, limitations or conditions applicable to that waiver or reduction in accordance with the arrangements.
(3)For the requirements of this section as to uniformity to be met it is sufficient that those requirements are met in relation to each description of services comprising the London Local Transport Network individually.
(4)The reference in subsection (3) above to a description of services is a reference to the descriptions mentioned in paragraphs (a) to (e) of section 242(3) above.
(5)In this Chapter travel concession permit means, in relation to a travel concession granted under or by virtue of this Chapter, a [F454 permit in any form (subject to any regulations under subsection (7) below) ] indicating that the person to whom it is issued is a person entitled in accordance with the provisions of this Chapter to receive the concession in question.
[F455(6)No charge may be made for the issue to an eligible London resident of a travel concession permit relating to the travel concession specified in section [F456 242(8) and (8A) ] above.]
[F457(7)Subject to subsection (1)(c) above, the Secretary of State may by regulations make provision about the form and period of validity of travel concession permits issued by a London authority relating to the travel concession specified in section 242(8) and (8A) above.]
Textual Amendments
F452Words in s. 243(1) repealed (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 7(2)(a), 15(1), Sch. 3; S.I. 2007/2799, arts. 2, 3 (with art. 4)
F453S. 243(1)(b)(i)(ii) substituted for words (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 7(2)(b), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F454Words in s. 243(5) substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 7(3), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F455S. 243(6) inserted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(7)(13); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
F456Words in s. 243(6) substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 7(4), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F457S. 243(7) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 7(5), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
(1)If all the London authorities enter into arrangements under section 101(5) of the M173 Local Government Act 1972 for the joint discharge of their functions under—
(a)subsection (1) of section 240 above, or
(b)subsection (2) of that section, [F458 or
(c)sections 148 to 150 of the Transport Act 2000 (enforcement and reimbursement of mandatory concession for journeys not beginning on the London bus network),]
and the arrangements so provide, then this section shall apply.
(2)The arrangements shall have effect for such period as may be specified in the arrangements or until otherwise terminated by the unanimous decision of the London authorities.
(3)The arrangements must provide for the function to be discharged only by a joint committee under section 101(5)(a) of the M174Local Government Act 1972.
(4)The joint committee must consist of one member of each London authority.
(5)Decisions of the joint committee must be unanimous decisions of those present and voting.
(6)Subsection (5) above is subject to a resolution of the joint committee, passed unanimously by those present and voting, that—
(a)decisions of a kind specified in the resolution, or
(b)decisions generally,
may be made by such majority of those present and voting as may be specified in the resolution.
(7)The majority specified in a resolution under subsection (6) above must be not less than two-thirds of the members of the joint committee.
(8)In consequence of the preceding provisions of this section—
(a)section 102 of the M175Local Government Act 1972 (appointment of committees) has effect in relation to the joint committee subject to those provisions; and
(b)paragraph 39(1) of Schedule 12 to that Act (questions to be decided by simple majority), as applied to a joint committee by paragraph 44(1) of that Schedule, does not have effect in relation to the joint committee.
Textual Amendments
F458S. 244(1)(c) and word inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 8; S.I. 2007/2799, arts. 2, 3 (with art. 4)
Marginal Citations
Schedule 17 to this Act shall have effect for the purpose of providing for the payment of penalty fares in the circumstances set out in that Schedule.
Commencement Information
I48S. 245 in force at 15.7.2003 in so far as not already in force by S.I. 2003/1920, art. 2(c)
(1)Section 40 of the M176London Regional Transport Act 1984 (which established the London Regional Passengers’ Committee) shall cease to have effect.
(2)Any appointment to the London Regional Passengers’ Committee in pursuance of that section shall cease to have effect.
Marginal Citations
(1)There shall be a body corporate to be known as the London Transport Users’ Committee, referred to in this Chapter as the Committee.
(2)The Committee shall consist of—
(a)a Chairman, and
(b)not more than twenty-four other members,
appointed by the Assembly after consultation with the [F459Secretary of State] .
(3)In appointing members under subsection (2) above, the Assembly shall have regard to the desirability of ensuring that the members of the Committee between them represent the interests of—
(a)those who use passenger transport facilities and services in Greater London, and
(b)those who use rail passenger transport facilities and services in the [F460area for which the Committee fell, immediately before the repeal of section 2 of the Railways Act 1993 (Rail Passengers' Committees), to be treated as the Rail Passengers' Committee for the purposes specified in subsection (4) of that section ].
(4)A person may not be appointed under subsection (2) above if he is—
(a)an Assembly member,
(b)a member of Transport for London,
(c)a member of staff of Transport for London, or
(d)a member of staff of the Authority.
(5)If, at any time after he is appointed, a member of the Committee becomes a person within subsection (4)(a) to (d) above, he shall cease to be a member of the Committee.
(6)The Assembly may designate one or more members of the Committee to be deputy chairman or (as the case may be) deputy chairmen of the Committee.
(7)Schedule 18 to this Act shall have effect with respect to the Committee.
Textual Amendments
F459Words in s. 247(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(7); S.I. 2005/1909, art. 2, Sch.
F460Words in s. 247(3)(b) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 6 para. 1; S.I. 2005/1909, art. 2, Sch.
(1)The Committee shall consider and, where it appears to the Committee to be desirable, make recommendations with respect to, any matter—
(a)affecting the functions of the Authority or Transport for London which relate to transport, and
(b)falling within subsection (3) below, other than a matter relating to the transportation of freight.
(2)The matters falling within subsection (1)(a) above include in particular any matter relating to—
(a)services or facilities provided by Transport for London or any of its subsidiaries,
(b)services or facilities provided in pursuance of an agreement entered into by Transport for London or in pursuance of a transport subsidiary’s agreement,
(c)services or facilities otherwise authorised by Transport for London to be provided,
(d)a hackney carriage or a person licensed to be the driver of a hackney carriage, or
(e)a private hire vehicle or a person who holds a private hire vehicle driver’s licence or a private hire vehicle operator’s licence.
(3)A matter falls within this subsection—
(a)if it has been the subject of representations (other than representations appearing to the Committee to be frivolous) made to the Committee by or on behalf of users of—
(i)any of the services or facilities mentioned in subsection (2) above, or
(ii)hackney carriages or private hire vehicles,
(b)if it has been referred to the Committee by Transport for London or the Authority, or
(c)if it otherwise appears to the Committee to be a matter to which consideration ought to be given.
(4)Where a representation is made to the Committee in respect of a matter relating to a highway for which Transport for London is the highway authority and the traffic authority, the Committee shall in making any recommendation under subsection (1) above consider the interests of all those who use the highway for the purposes of passenger transport, including cyclists and pedestrians.
(5)Where a representation is made to the Committee about a matter—
(a)which relates to passenger transport by land or water in Greater London, but
(b)which is not a matter the Committee must consider by virtue of subsection (1) above,
the Committee shall refer the matter to the person whom the Committee considers the most appropriate to consider the matter.
(6)Where a representation is made to the Committee about a matter falling within subsection (2)(d) or (e) above and the matter relates to—
(a)any contravention of, or failure to comply with, any rule of law, or
(b)any breach of condition of a licence which has been granted by Transport for London,
the Committee shall refer the matter to Transport for London and shall notify the person who made the representation of the referral.
(7)Where the Committee refers a matter under subsection (5) above, the Committee shall inform the person who made the representation of the name of the body or person to whom the matter has been referred.
(8)In this section—
hackney carriage means a vehicle licensed under section 6 of the M177Metropolitan Public Carriage Act 1869;
person licensed to be the driver of a hackney carriage means a person licensed under section 8 of the M178Metropolitan Public Carriage Act 1869 or section 8 of the M179London Hackney Carriages Act 1843;
private hire vehicle means a vehicle for which a private hire vehicle licence for London is in force under section 7 of the M180Private Hire Vehicles (London) Act 1998;
private hire vehicle driver’s licence means a licence granted under section 13 of that Act;
private hire vehicle operator’s licence means a licence granted under section 3 of that Act.
Modifications etc. (not altering text)
C151S. 248 amended (temp. from 28.6.2000 to the date defined in S.I. 2000/1484, art. 7(3)) by S.I. 2000/1484, art. 7(1)(3)
Marginal Citations
(1)The Committee may enter into arrangements with any person providing public passenger transport services or facilities in Greater London under which the Committee may consider any matter—
(a)which relates to such transport services or facilities provided by that person, but
(b)which is not a matter falling within section 248(1) above.
(2)Arrangements under subsection (1) above shall be on such terms as may be agreed by the parties but may in particular include provision for the person with whom the Committee enters into the arrangements to make such payments by way of reimbursement of costs incurred by the Committee under the arrangements as the arrangements may specify.
(3)Arrangements under this section may be entered into by the Committee only with the consent of the Assembly.
(1)Copies of the minutes, conclusions and recommendations of the Committee with respect to any matter shall be sent—
(a)to the Assembly,
(b)to the Mayor, and
(c)to Transport for London.
(2)The Committee shall make an annual report to the Assembly and the [F461Secretary of State] .
(3)Where the Assembly, the Mayor or Transport for London reach a decision with respect to matters dealt with in any recommendation received under subsection (1) above, the decision shall be notified to the Committee.
Textual Amendments
F461Words in s. 250(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(8); S.I. 2005/1909, art. 2, Sch.
Modifications etc. (not altering text)
C152S. 250(1)(3) excluded (temp. from 28.6.2000 to the date defined in S.I. 2000/1484, art. 7(3)) by S.I. 2000/1484, art. 7(2)
(1)The Assembly may issue to the Committee—
(a)guidance as to the manner in which they are to exercise their functions, or
(b)general directions as to the manner in which they are to exercise their functions.
(2)The Committee shall exercise their functions in accordance with such guidance or directions as may be issued by the Assembly under subsection (1) above.
(3)Any guidance or directions issued under subsection (1) above must be issued in writing and notified to such officer of the Committee as the Committee may from time to time nominate to the Assembly for the purpose.
F463(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Schedule 19 to this Act (which contains amendments of enactments relating to the London Regional Passengers’ Committee in consequence of the substitution for that committee of the London Transport Users’ Committee) shall have effect.
Textual Amendments
F462Words in sidenote substituted (1.2.2001) by 2000 c. 38, s. 227(1), Sch. 22 para. 23(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)
F463S. 252(1) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
(1)It shall be the duty of the Committee, so far as it appears to it expedient from time to time to do so—
(a)to keep under review matters affecting the interests of the public in relation to railway passenger services provided wholly or partly within the London railway area;
(b)to keep under review matters affecting the provision of station services within that area;
(c)to make representations to, and to consult, such persons as it thinks appropriate about the matters mentioned in paragraphs (a) and (b); and
(d)to co-operate with other bodies representing the interests of users of public passenger transport services provided wholly or partly within that area.
(2)In this section—
(a)references to the London railway area are references to the area for which the Committee fell, immediately before the repeal of section 2 of the Railways Act 1993 (Rail Passengers' Committees), to be treated as the Rail Passengers' Committee for the purposes specified in subsection (4) of that section;
(b)references to railway passenger services include references to bus substitution services; and
(c)subject to that, expressions used in this section and in Part 1 of the Railways Act 1993 have the same meanings in this section as in that Part.]
Textual Amendments
F464S. 252A inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 6 para. 2; S.I. 2005/1909, art. 2, Sch.
(1)It shall be the duty of the Committee to investigate any matter relating to a relevant railway matter if—
(a)it is the subject of a representation made to the Committee by a user or potential user of railway passenger services;
(b)it is referred to the Committee by the Secretary of State, [F466the Office of Rail and Road], the [F467Passengers’ Council], the London Assembly or Transport for London; or
(c)it appears to the Committee that it is a matter that it ought to investigate.
(2)A matter is a relevant railway matter for the purposes of subsection (1) if it relates to—
(a)the provision of railway passenger services wholly or partly within the London railway area; or
(b)the provision of station services within that area in a case in which the operator of the station is authorised by a licence under Part 1 of the Railways Act 1993.
(3)The Secretary of State may also refer the following matters to the Committee for the purpose only of requiring the Committee to prepare a report on them—
(a)matters relating to the quality of railway passenger services provided wholly or partly within the London railway area; and
(b)matters relating to the quality of station services provided in that area.
(4)The Committee must also assist the Secretary of State, to such extent and in such manner as he may require, in ascertaining whether the franchise operator in the case of a particular franchise agreement is attaining the standards set for the provision of the franchised services.
(5)The Committee is not required to investigate a matter in a case falling within subsection (1)(a) if it appears to the Committee that the representation is frivolous or vexatious.
(6)Subsection (2) of section 252A applies for the purposes of this section as it applies for the purposes of that section.
Textual Amendments
F465Ss. 252B-252D inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 6 para. 3; S.I. 2005/1909, art. 2, Sch.
F466Words in s. 252B(1)(b) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(n)(v)
F467Words in s. 252B(1)(b) substituted (E.W.S.) (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 7(2)
(1)On investigating a matter under section 252B the Committee must, if it considers it appropriate to do so—
(a)in every case, make appropriate representations to the person providing the service;
(b)in the case of a service provided under a franchise agreement by a person other than the franchisee, make appropriate representations to the franchisee; and
(c)in the case of a secured service (within the meaning of Part 4 of the Railways Act 2005), make appropriate representations to the Secretary of State.
(2)In subsection (1) “appropriate representations” means representations about—
(a)any matter appearing to the Committee to be relevant to the subject-matter of the investigation; and
(b)any other matter to which a matter so appearing relates.
(3)Subject to subsection (4), where the Committee—
(a)having made representations under subsection (1), is of the opinion that it is unable to obtain a satisfactory resolution by that means,
(b)on investigating a matter, has reason for believing that the holder of a licence under Part 1 of the Railways Act 1993 is contravening a condition of the licence, or is likely to do so, or
(c)on investigating a matter, has reason for believing that a franchisee in relation to a franchise agreement is contravening the provisions of the agreement, or is likely to do so,
the Committee must refer the matter to the Secretary of State (or if he referred it to the Committee, back to him) with a view to his exercising such of his powers as he considers appropriate in the circumstances of the case.
(4)Subsection (3) does not apply in a case where representations under subsection (2) have been made to the Secretary of State.
(5)If the Secretary of State considers that it would be more appropriate for a matter referred to him by the Committee under subsection (3) to be referred to [F468the Office of Rail and Road], he must—
(a)refer it to that Office, or
(b)if it was referred to the Committee by that Office, refer it back to that Office,
with a view to that Office exercising such of its powers as it considers appropriate in the circumstances of the case.
(6)The Committee must not—
(a)include a proposal for the taking of any steps in representations made by it under this section, or
(b)make a reference under this section to the Secretary of State by reason only of the failure of a person to take any steps,
unless the test in subsection (7) is satisfied.
(7)That test is satisfied if, on the basis of the information available to the Committee, it considers that, balancing each of the following against the other—
(a)the costs of taking the steps, and
(b)the benefits that will be enjoyed by persons in consequence of the taking of those steps,
the expenditure involved represents good value for money.
(8)In this section “franchise agreement” and “franchisee” have the same meanings as in Part 1 of the Railways Act 1993.
Textual Amendments
F465Ss. 252B-252D inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 6 para. 3; S.I. 2005/1909, art. 2, Sch.
F468Words in s. 252C(5) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(n)(vi)
Modifications etc. (not altering text)
C153S. 252C modified (25.6.2010) by The Rail Passengers Rights and Obligations Regulations 2010 (S.I. 2010/1504), regs. 1(2), 18(4)
C154S. 252C(3) applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), regs. 1(1), 19
(1)Where the Committee investigates a matter under section 252B—
(a)it may prepare a report of its findings; and
(b)it must do so if required to do so by the Secretary of State in relation to any matter falling within section 252B(3) that was referred to it by him for the purposes of that requirement.
(2)The Committee must not include a proposal for the taking of any steps in a report prepared by it under this section unless, on the basis of the information available to it, it considers that, balancing each of the following against the other—
(a)the costs of taking those steps, and
(b)the benefits that will be enjoyed by persons in consequence of the taking of those steps,
the expenditure involved represents good value for money.
(3)The Committee—
(a)must send a copy of every report prepared under this section to the [F469Passengers’ Council]; and
(b)may publish the report;
but the Committee may publish a report relating to findings on a matter referred to the Committee by the Secretary of State only if required to do so by him under this section.
(4)Where—
(a)the Committee prepares a report relating to a matter referred to it by the Secretary of State, but
(b)the report is not a report that the Secretary of State has required under subsection (1)(b),
the Committee must publish the report if it is required to do so by him.
(5)The Secretary of State may arrange for the publication of any report by the Committee the preparation of which he has required under subsection (1)(b).
(6)The publication of a report by the Committee or the Secretary of State may be in any manner that the Committee or (as the case may be) the Secretary of State thinks appropriate.
(7)References in this section to a matter referred to the Committee by the Secretary of State include references to a matter in relation to which he has required the Committee's assistance under section 252B(4).]
Textual Amendments
F465Ss. 252B-252D inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 6 para. 3; S.I. 2005/1909, art. 2, Sch.
F469Words in s. 252D(3)(a) substituted (E.W.S.) (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 7(3)
(1)The Secretary of State may by order—
(a)exclude services from one or more of the duties imposed by sections 252A to 252D;
(b)provide that one or more of those duties applies to services of a particular class or description, particular services or services provided by a particular person only to such extent as is specified in the order; or
(c)provide that one or more of those duties applies with specified modifications in the case of services of a particular class or description, particular services or services provided by a particular person.
(2)Before making an order under this section the Secretary of State must consult the Committee and the [F471Passengers’ Council].
(3)The power to make exclusions by an order under this section includes—
(a)power to exclude services of a particular class or description, particular services or services provided by a particular person; and
(b)power to provide that services are excluded subject to compliance with specified conditions.
(4)An order under this section may not revoke an exclusion except—
(a)for breach of a condition; or
(b)in accordance with the order that made it.]
Textual Amendments
F470S. 252E inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 6 para. 4(1); S.I. 2005/1909, art. 2, Sch.
F471Words in s. 252E(2) substituted (E.W.S.) (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 7(4)
Schedule 20 to this Act (which makes provision about hackney carriages) shall have effect.
(1)Except as provided by the following provisions of this section, the functions of the Secretary of State under the M181Private Hire Vehicles (London) Act 1998 are transferred by this subsection to Transport for London.
(2)Subsection (1) above does not apply to any functions of the Secretary of State under section 37, 38 or 40 of that Act (transitional provisions, financial provisions and commencement etc).
(3)Schedule 21 to this Act (which makes amendments to the M182Private Hire Vehicles (London) Act 1998 in consequence of subsections (1) and (2) above) shall have effect.
(4)Any regulations made, licence issued, authorisation granted, or other thing done under the Private Hire Vehicles (London) Act 1998, other than section 37, 38 or 40, by or in relation to the Secretary of State before the coming into force of this section shall have effect as from the coming into force of this section as made, issued, granted or done by or in relation to Transport for London.
Commencement Information
I49S. 254 wholly in force at 7.11.2001; s. 254 not in force at Royal Assent see s. 425(2); s. 254 in force at 22.1.2001 for specified purposes by S.I. 2000/3145, art. 2(a); s. 254 in force insofar as not already in force at 7.11.2001 by S.I. 2001/3603, art. 2
Marginal Citations
(1)Where, by virtue of the coming into force of section 323 below, the whole or any part of the area of a district council ceases to be within the metropolitan police district, the following provisions of this section shall have effect.
(2)The provisions of the M183Town Police Clauses Act 1847 with respect to hackney carriages, as incorporated in the M184Public Health Act 1875, shall apply throughout the council’s area.
(3)The council’s area shall constitute a single licensing area for the purposes of those provisions, without the passing of any resolution under Part II of Schedule 14 to the M185Local Government Act 1972 (extension resolutions).
(4)The provisions of Part II of the M186Local Government (Miscellaneous Provisions) Act 1976 (hackney carriages and private hire vehicles) shall also apply throughout the council’s area, without the passing of any resolution under section 45 of that Act (application of Part II).
(5)Where an order is made under section 425 below bringing section 323 below into force, the provision that may be made by virtue of section 420 or 425 below includes provision enabling or facilitating—
(a)the making of byelaws,
(b)the issuing of licences, discs or plates, and
(c)the establishment and operation of a licensing system,
in relation to hackney carriages or private hire vehicles by a district council falling within subsection (1) above in preparation for the coming into force of this section.
(6)The provision that may be made by virtue of subsection (5) above includes provision for the application of any enactment with or without modification.
(7)Subsections (5) and (6) above are without prejudice to the provision that may be made by virtue of sections 420 and 425 below.
Commencement Information
I50S. 255 wholly in force at 1.4.2000; s. 255 in force for specified purposes at Royal Assent, see s. 425(2); s. 255 in force (1.4.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(a), Sch. Pt 1
Marginal Citations
(1)Subject to subsection (2) below, Transport for London may provide or secure the provision of such amenities and facilities as it considers would benefit persons using any waterway.
(2)Before commencing any works for the purposes of exercising the powers under subsection (1) above, Transport for London shall—
(a)comply with any requirement in an enactment to obtain a licence or consent in respect of the works, or
(b)if there is no such requirement, obtain the consent to the works of any person who is under a duty to maintain the waterway to which they relate.
The duty of the Secretary of State under section 16 of the M187Metropolitan Board of Works (Various Powers) Act 1885 to work a ferry-boat across the River Thames is transferred to Transport for London by this section.
Marginal Citations
M1871885 c. clxvii.
(1)This section applies where—
(a)a landing place was transferred to London Regional Transport or any of its subsidiaries on or after 31st March 1999 but before this section comes into force, or
(b)after this section comes into force a landing place is transferred to London Regional Transport or any of its subsidiaries pursuant to an agreement made on or after 31st March 1999 but before this section comes into force.
(2)In this section qualifying landing place—
(a)means a landing place transferred as mentioned in subsection (1)(a) or (b) above, and
(b)includes any property associated with the landing place and transferred with it.
(3)Any agreement —
(a)made between the transferor of a qualifying landing place and the owner of a vessel, or with a waterman in respect of a vessel not owned by him, and
(b)which concerns the use of the qualifying landing place by the vessel,
shall have effect on and after the relevant date in accordance with subsections (4) to (6) below.
(4)The agreement shall have effect as if—
(a)the transferee had been a party to the agreement instead of the transferor;
(b)for any reference to the transferor there were substituted a reference to the transferee;
(c)any reference to any officer or member of staff of the transferor were a reference to such person as the transferee may appoint or, in default of appointment, to the officer or member of staff of the transferee who most closely corresponds to the transferor’s officer or member of staff;
and this subsection shall apply whether or not the agreement is capable of being assigned or transferred.
(5)An agreement shall only have effect in accordance with subsection (4) above—
(a)to the extent that the agreement concerns the use of the qualifying landing place by the vessel, and
(b)in relation to things falling to be done under the agreement on or after the relevant date.
(6)An agreement shall not have effect in accordance with subsection (4) above to the extent that the transferor and the transferee have made contrary provision.
(7)For the purposes of this section—
landing place means any waterside landing place, pier, jetty, pontoon or other similar installation;
transferee, in relation to a qualifying landing place, means the body (being London Regional Transport or one of its subsidiaries) to which the landing place is or was transferred as mentioned in subsection (1)(a) or (b) above;
transferor, in relation to qualifying landing place, means the person by whom the landing place is or was transferred to a transferee as mentioned in subsection (1)(a) or (b) above;
relevant date, in the case of a qualifying landing place, means—
the date when this section comes into force if on that date the landing place has been transferred to a transferee, or
if the landing place has not been so transferred, the date when it is transferred to the transferee;
waterman means a person who navigates a vessel used for carrying passengers for reward.
(1)Section 1 of the M188Highways Act 1980 (highway authorities: general provisions) shall be amended as follows.
(2)After subsection (2) there shall be inserted—
“(2A)Transport for London is the highway authority for all GLA roads.”
(3)In subsection (3) (highways for which a London borough council or the Common Council is the highway authority) after which are not there shall be inserted “ for the time being GLA roads or ”.
(4)In section 2(1) of the M189Highways Act 1980 (highway authority for road which ceases to be a trunk road) for paragraph (b) (roads in London boroughs) there shall be substituted—
“(b)where the road is situated in Greater London, Transport for London,”.
(5)After subsection (2) there shall be added—
“(3)Where Transport for London becomes the highway authority for a road by virtue of subsection (1) above, the road shall become a GLA road.”
After section 14 of the M190Highways Act 1980 there shall be inserted—
(1)The Secretary of State may by order designate highways or proposed highways as highways which are to be GLA roads.
(2)Any highway or proposed highway so designated—
(a)shall become a GLA road, and
(b)if it is a trunk road or other highway for which the Secretary of State is the highway authority, shall accordingly cease to be such a road or highway,
on such date as may be specified in that behalf in the order.
(3)Orders under this section may be made or amended at any time before the beginning of the term of office of the first Mayor of London.”
Marginal Citations
After section 14A of the M191Highways Act 1980 there shall be inserted—
(1)The Mayor of London shall keep under review the system of highways and proposed highways in Greater London and the allocation of responsibility for that system between the different local highway authorities.
(2)If the Mayor of London considers it expedient that—
(a)any highway or proposed highway in Greater London, other than a trunk road, should become a GLA road, or
(b)that any GLA road should cease to be such a road and should become a road for which the highway authority is a London borough council or the Common Council,
the Greater London Authority may by order direct that that highway or proposed highway shall become, or (as the case may be) that that road shall cease to be, a GLA road as from such date as may be specified in that behalf in the order.
(3)Where an order under subsection (2) above directs that a highway or proposed highway shall become a GLA road, it shall become such a road as from the date specified in that behalf in the order.
(4)Where an order under subsection (2) above directs that a GLA road shall cease to be such a road, then, as from the date specified in that behalf in the order, the road shall cease to be a GLA road and the following authority, that is to say—
(a)where the road is situated in a London borough, the council for the London borough, and
(b)where the road is situated in the City, the Common Council,
shall become the highway authority for the road.
(5)An order under this section shall be of no effect unless—
(a)it is made with the consent of the relevant highway authority; or
(b)if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.
(6)For the purposes of subsection (5) above, the relevant highway authority is—
(a)in the case of an order directing that a highway or proposed highway shall become a GLA road, the authority which is the highway authority for the highway or proposed highway; and
(b)in the case of an order directing that a GLA road shall cease to be such a road, the authority which will become the highway authority for the road in consequence of the order.”
Marginal Citations
After section 14B of the M192Highways Act 1980 there shall be inserted—
(1)A certificate by or on behalf of Transport for London that any highway or proposed highway is, or is not, for the time being a GLA road shall be evidence of the facts stated in the certificate.
(2)A certificate under subsection (1) above may describe the highway or proposed highway in question by reference to a map.
(3)Transport for London shall prepare and maintain a record of the highways which are for the time being GLA roads.
(4)The record required to be prepared and maintained under subsection (3) above may consist of—
(a)a list;
(b)a map; or
(c)a list and a map.
(5)Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council.
(6)Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours.”
Marginal Citations
(1)After section 14C of the M193Highways Act 1980 there shall be inserted—
(1)Any reference in any provision of this Act or any other enactment to a GLA road shall be construed as a reference to a highway or proposed highway in Greater London which is for the time being a GLA road by virtue of—
(a)section 2(3) above;
(b)an order made by the Secretary of State under section 14A above; or
(c)an order made under section 14B above by the Greater London Authority.
(2)The functions conferred or imposed on the Greater London Authority in relation to GLA roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.
(3)Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the London Assembly.”
(2)In section 325 of the M194Highways Act 1980 (regulations, schemes and orders)—
(a)in subsection (1)(d) (power to confirm orders exercisable by statutory instrument, except as there mentioned)—
(i)after sections 14, there shall be inserted “ 14B, ”, and
(ii)for and 124 there shall be substituted “ , 124 and 266B ”;
(b)in subsection (2)(b) (orders subject to negative parliamentary procedure) after section there shall be inserted “ 14A or ”.
(3)Section 326 of the M195Highways Act 1980 (revocation or variation of schemes and orders) shall be amended as follows.
(4)In subsection (2) (orders made otherwise than by statutory instrument)—
(i)after section 14, there shall be inserted “ 14B, ”, and
(ii)for or 124 there shall be substituted “ , 124 or 266B ”.
(5)In subsection (6) (orders which may make consequential provision)—
(i)after section 14, there shall be inserted “ 14A, 14B, ”, and
(ii)for or 124 there shall be substituted “ , 124 or 266B ”.
(6)In section 329 of the M196Highways Act 1980 (further provisions as to interpretation) in subsection (1), the following definition shall be inserted at the appropriate place—
“GLA road shall be construed in accordance with section 14D(1) above;”.
After section 266 of the M197Highways Act 1980 there shall be inserted—
(1)This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road.
(2)As from the operative date there are transferred to the new highway authority by virtue of this section—
(a)the property mentioned in subsection (4) below, in so far as, immediately before the operative date, it was vested in the former highway authority for the purposes of their functions in relation to the transferred highway, and
(b)all liabilities incurred by any such authority for the purposes of its functions in relation to the transferred highway and not discharged before the operative date, other than loans and loan charges,
and the property and liabilities so transferred vest, by virtue of this section, in the new highway authority.
(3)There is not transferred to the new highway authority by virtue of this section any right or liability in respect of—
(a)work done, services rendered, goods delivered, or money due for payment, before the operative date, or
(b)damages or compensation for any act or omission before that date, or
(c)the price of, or compensation for, any land purchased, or for which a contract to purchase has been concluded, before that date.
(4)The property referred to in subsection (2)(a) above is—
(a)land, other than land—
(i)vested in the former highway authority for the purpose of being used for the storage of materials required wholly or mainly for the maintenance and improvement of other highways, or
(ii)acquired for the improvement or development of frontages to the highway, or of land adjoining or adjacent to the highway, and
(b)all other property (including unexpended balances of any grants paid by the Minister to the former highway authority), other than—
(i)materials to be used for the maintenance or improvement of the highway, and
(ii)the unexpended balances of any loans raised by the former highway authority.
(5)Any property vested in the new highway authority by virtue of this section shall be held by it subject to all covenants, conditions and restrictions subject to which the property was held by the former highway authority and to all liabilities affecting the property, except liabilities referred to in subsection (3) above.
(6)The new highway authority and the former highway authority may agree, on such terms as they think fit—
(a)that any property or liabilities (except loans and loan charges) acquired or incurred by the former highway authority for the purposes of their functions in relation to the transferred highway, other than property or liabilities transferred to the new highway authority by virtue of this section, shall be transferred to the new highway authority, or
(b)that any property or liabilities transferred to the new highway authority by virtue of this section shall be re-transferred to the former highway authority.
(7)Any dispute between the new highway authority and any other person as to the property or liabilities transferred by virtue of this section shall be determined by arbitration.
(8)Paragraphs 1 and 3 to 8 of Schedule 21 to this Act shall have effect for the purpose of providing for transitional matters arising where a highway or proposed highway becomes, or ceases to be, a GLA road as it applies where a highway becomes, or ceases to be, a trunk road; but in having such effect those paragraphs shall be treated as if—
(a)for the references to a trunk road there were substituted references to a GLA road, and
(b)for the references to the Minister there were substituted references to the new highway authority (within the meaning of this section).
(9)For the purposes of this section—
former highway authority means the highway authority for the transferred highway immediately before the operative date;
new highway authority means the highway authority for the transferred highway immediately after the operative date;
operative date means the date on which the highway or proposed highway becomes, or ceases to be, a GLA road;
property includes property, rights and powers of every description; and
transferred highway means the highway or proposed highway which is the subject of the order under section 14B(2) above.”
Marginal Citations
After section 266A of the M198Highways Act 1980 there shall be inserted—
(1)This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road.
(2)The Greater London Authority may, if it is necessary in connection with the highway becoming, or ceasing to be, a GLA road, by order make schemes containing provision for or in connection with the transfer from the former highway authority to the new highway authority of rights and liabilities under contracts of employment.
(3)The rights and liabilities which may be transferred by such a scheme include rights and liabilities which would not otherwise be capable of being transferred or assigned.
(4)Subsections (5) to (7) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.
(5)Anything done by or in relation to the former highway authority in respect of the employee before the day on which the transfer of the rights and liabilities takes effect shall be treated on and after that day as done by or in relation to the new highway authority.
(6)For the purposes of Part XI of the M199Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.
(7)For the purposes of that Act, the employee’s period of employment with the former highway authority shall count as a period of employment with the new highway authority, and the change of employment shall not break the continuity of the period of employment.
(8)An order under this section shall be of no effect unless—
(a)it is made with the consent of the relevant highway authority; or
(b)if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.
(9)For the purposes of subsection (8) above, the relevant highway authority is—
(a)in a case where the order under section 14B above directs that a highway or proposed highway shall become a GLA road, the former highway authority; and
(b)in a case where the order directs that a GLA road shall cease to be such a road, the new highway authority.
(10)Section 266A(9) above also applies for the purposes of this section.”
After section 301 of the M200Highways Act 1980 there shall be inserted—
(1)No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,—
(a)a GLA road, or
(b)a road in another London borough,
unless the requirements of subsections (2) and (3) below have been satisfied.
(2)The first requirement is that the council has given notice of the proposal to exercise the power in the way in question—
(a)to Transport for London; and
(b)in a case where the road concerned is in another London borough, to the council for that borough.
(3)The second requirement is that—
(a)the proposal has been approved by Transport for London, in the case of a GLA road, or by the London borough council concerned, in the case of any other road; or
(b)the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or
(c)any objection made by Transport for London or the council has been withdrawn; or
(d)where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection.
(4)Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.
(5)If Transport for London has reason to believe—
(a)that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect, a GLA road or a road in another London borough, and
(b)that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above,
Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied.
(6)If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.
(7)For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.
(8)Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.
(9)The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.
(10)A direction under subsection (9) above may, in particular, dispense with those requirements as respects—
(a)all or any of the London borough councils;
(b)all or any of the GLA roads;
(c)all or any of the roads which are neither GLA roads nor trunk roads;
(d)the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified.
(11)Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.
(12)Any reference in this section to a GLA road includes a reference to a GLA side road, within the meaning of the M201Road Traffic Regulation Act 1984 (see sections 124A(9) and 142(1) of that Act).
(13)In this section road means any length of highway or of any other road to which the public has access and includes bridges over which a road passes.
(14)Subsection (13) above is without prejudice to the construction of references to GLA roads or GLA side roads.
(15)The functions of the Greater London Authority under this section shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.
(16)For the purposes of this section—
(a)the City of London shall be treated as if it were a London borough;
(b)the Common Council shall be treated as if it were the council for a London borough; and
(c)the Inner Temple and the Middle Temple shall be treated as forming part of the City.”
Commencement Information
I51S. 266 wholly in force at 3.7.2000; s. 266 not in force at Royal Assent see s. 425(2); s. 266 in force (8.5.2000) for specified purposes by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 266 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Marginal Citations
After section 301A of the M202Highways Act 1980 there shall be inserted—
(1)The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted the highway authority for the highway about the exercise of those functions in that way.
(2)A highway authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.
(3)The duty imposed by subsection (1) or (2) above shall not apply if it would not be reasonably practicable for the Secretary of State or, as the case may be, the highway authority to consult the other before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State or, as the case may be, the highway authority shall inform the other that those functions have been so exercised.
(4)In this section Royal Park means any park to which the M203Parks Regulation Act 1872 applies (see sections 1 and 3 of the M204Parks Regulation (Amendment) Act 1926).”
(1)The M205Highways Act 1980 shall be amended as follows.
(2)In section 90A(1) (construction of road humps by highway authority) at the end of paragraph (b) there shall be inserted “or
(c)(whether or not the highway is subject to such a limit) the road humps fall within section 90CA below.”
(3)After section 90C there shall be inserted—
(1)A road hump falls within this section if—
(a)it is constructed by a local highway authority in Greater London, and
(b)the requirements of subsections (2) and (3) below have been complied with.
(2)The requirement of this subsection is that before starting to construct the road hump the authority concerned gives the Secretary of State notice stating—
(a)the nature, dimensions and location of the proposed road hump,
(b)the spacing between the proposed road hump and any other humps constructed, or proposed to be constructed, in the vicinity,
(c)the type and description of signs which are proposed to be located in the highway in connection with the proposed hump,
(d)the statutory speed limit for motor vehicles to which the highway where it is proposed to construct the hump is subject, and
(e)the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority.
(3)The requirement of this subsection is that in deciding—
(a)whether to proceed with the construction of the road hump, and
(b)what the nature, dimensions and location of the road hump as constructed are to be,
the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.”
(4)After section 90D(4) there shall be inserted—
“(5)Regulations under this section do not apply where a road hump falls within section 90CA above.”
(5)In section 90E(1) for the words from Where to satisfied there shall be substituted “ Where the requirements of subsections (1A), (1B) or (1C) are satisfied in relation to a road hump ”.
(6)After section 90E(1) there shall be inserted—
“(1A)The requirements of this subsection are that—
(a)regulations under section 90D above apply to the road hump,
(b)the road hump conforms to the regulations, and
(c)if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied.
(1B)The requirements of this subsection are that—
(a)the road hump is specially authorised by the Secretary of State,
(b)the road hump conforms with the conditions attached to the authorisation, and
(c)if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied.
(1C)The requirements of this subsection are that—
(a)the road hump falls within section 90CA, and
(b)if the road hump is in a highway maintainable at the public expense, the condition mentioned in subsection (2)(a) below is satisfied.”
(7)Section 90E(3) shall be omitted.
Marginal Citations
(1)The M206Highways Act 1980 shall be amended as follows.
(2)In section 90G(1) (powers to carry out traffic calming works) at the end of paragraph (b) there shall be inserted “or
(c)fall within section 90GA below,”.
(3)In section 90G(2) for subsection (1) there shall be inserted “ subsection (1)(a) or (b) ”.
(4)After section 90G there shall be inserted—
(1)Traffic calming works fall within this section if—
(a)the works are constructed by a local highway authority in Greater London, and
(b)the requirements of [F472subsections (2), (3) and (4)] below have been complied with.
(2)The requirement of this subsection is that before starting to construct the works the authority concerned gives the Secretary of State notice stating—
(a)the nature, dimensions and location of the proposed works,
(b)the type and description of signs which are proposed to be located in the highway in connection with the proposed hump, and
(c)the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority.
(3)The requirement of this subsection is that in deciding—
(a)whether to proceed with the construction of the works, and
(b)what the nature, dimensions and location of the works as constructed are to be,
the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.”
[F473(4)The requirement of this subsection is that the authority concerned complies with such requirements as to consultation and publicity as may be prescribed by regulations made by the Secretary of State.]
(5)In section 90I for the words from Works to authorisation there shall be substituted—
“(1)Works (whenever constructed) to which this subsection applies”.
(6)At the end of section 90I there shall be inserted—
“(2)Subsection (1) above applies—
(a)to works of a description prescribed by regulations under section 90H above or specially authorised under section 90G above which conform to any requirements imposed by the regulations or authorisation, and
(b)to works which fall within section 90GA above.”
Textual Amendments
F472S. 269(4): Words in the s. 90GA(1)(b) to be inserted into 1980 c. 66 substituted (27.5.2000) by S.I. 2000/1435, art. 7(3)
F473S. 269(4): subsection (4) in the s. 90GA to be inserted into 1980 c. 66 inserted (27.5.2000) by S.I. 2000/1435, art. 7(4)
Marginal Citations
Schedule 22 to this Act (which contains amendments to the M207Highways Act 1980 and the M208Town and Country Planning Act 1990) shall have effect.
(1)Section 121A of the M209Road Traffic Regulation Act 1984 (traffic authorities) shall be amended as follows.
(2)After subsection (1) there shall be inserted—
“(1A)Transport for London is the traffic authority for every GLA road.”
(3)In subsection (2) (London borough council or Common Council to be traffic authority for roads in the borough or the City for which the Secretary of State is not the traffic authority) after in the City there shall be inserted “ which are not GLA roads and ”.
Marginal Citations
After section 124 of the M210Road Traffic Regulation Act 1984 there shall be inserted—
(1)The Secretary of State may by order designate roads or proposed roads as roads which are to be GLA side roads.
(2)Any road or proposed road so designated shall become a GLA side road on such date as may be specified in the order.
(3)A road may only be a GLA side road if it has a junction with—
(a)a GLA road; or
(b)another road which has a junction with a GLA road.
(4)A road or proposed road shall not be a GLA side road if it is a trunk road or other highway for which the Secretary of State is the highway authority.
(5)A road may only be a GLA side road if and to the extent that the appropriate authority considers it appropriate for the road to be a GLA side road in the interests of the management of traffic and the control of the waiting and loading of vehicles on or in the immediate vicinity of GLA roads.
(6)The Secretary of State may by order make provision for or in connection with applying in relation to GLA side roads, with such modifications as he thinks fit, the provisions of sections 14B and 14C of the M211Highways Act 1980 (orders changing what are GLA roads and certification and records of GLA roads).
(7)The provision that may be made under subsection (6) above is subject to subsections (3) to (5) above.
(8)In this section the appropriate authority means—
(a)in relation to an order under subsection (1) above, the Secretary of State;
(b)in relation to an order made by the Greater London Authority under section 14B of the M212Highways Act 1980, as applied under subsection (6) above, the Mayor of London; and
(c)in relation to confirmation of such an order by the Secretary of State under that section as so applied, the Secretary of State.
(9)Any reference in any provision of this Act or any other enactment to a GLA side road shall be construed as a reference to a road in Greater London which is for the time being a GLA side road by virtue of—
(a)an order made by the Secretary of State under subsection (1) above; or
(b)an order made by the Greater London Authority under section 14B of the M213Highways Act 1980, as applied by an order under subsection (6) above.
(10)Any functions conferred or imposed on the Greater London Authority in relation to GLA side roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.
(11)Subsection (10) above does not apply in relation to any functions expressly conferred on the London Assembly.
(12)Any power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
Commencement Information
I52S. 272 wholly in force at 12.1.2001; by virtue of s. 425(2) it is provided that the Act is in force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 272 in force at 12.1.2000 by S.I. 1999/3434, art. 2
Marginal Citations
(1)Section 73 of the M214Road Traffic Regulation Act 1984 (powers and duties of local traffic authorities in Greater London in respect of traffic signs) shall be amended as follows.
(2)In subsection (1) (power to fix traffic signs to lamp-posts etc in connection with orders under section 6 or 9)—
(a)after proposed by them, there shall be inserted “ Transport for London, ”;
(b)the words in their area shall be omitted; and
(c)after whether or not belonging to there shall be inserted “ Transport for London or ”.
(3)After subsection (1) there shall be inserted—
“(1A)In connection with any GLA road, Transport for London may—
(a)exercise, as respects any road in Greater London which is neither a trunk road nor a GLA road, any powers exercisable by the traffic authority for that road in connection with the placing of traffic signs on or near that road in pursuance of section 65 of this Act; and
(b)affix any such sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London.
(1B)The power conferred by subsection (1A) above shall be exercisable—
(a)in connection with any order under section 6 or 9 of this Act made or proposed to be made by Transport for London; or
(b)in any other circumstances.
(1C)Before exercising the power conferred by subsection (1A) above, Transport for London shall consult the traffic authority for the road on or near which Transport for London proposes to place the traffic sign.”
(4)In subsection (2) (duty of London borough council and Common Council as to maintenance, alteration and removal of traffic signs in their area)—
(a)for their area there shall be substituted “ Greater London ”; and
(b)for the council of a London borough and of the Common Council of the City of London there shall be substituted “ the appropriate traffic authority ”.
(5)After subsection (2) there shall be inserted—
“(2A)For the purposes of subsection (2) above, the appropriate traffic authority, in the case of any traffic sign, is the authority which is the traffic authority for the road as respects which the order under section 6 or 9 of this Act is made in connection with which the traffic sign is required.”
(6)At the end of the section there shall be inserted—
“(6)The powers of Transport for London exercisable under subsection (1A) above by virtue of subsection (1B)(b) above shall extend to the removal or repositioning of any traffic sign on or near the road in question, whether placed by Transport for London or not.
(7)On the removal or repositioning by Transport for London of any such traffic sign placed by another authority, the traffic sign shall vest in Transport for London.
(8)Except—
(a)with the consent of Transport for London, or
(b)in pursuance of a direction under section 65(2) of this Act,
the traffic authority for a road shall not remove, alter or in any way interfere with any traffic sign placed or repositioned on or near the road by Transport for London by virtue of subsection (1B)(b) above.”
(7)In consequence of the provisions of this section, the sidenote to the section becomes Powers and duties of local traffic authorities in Greater London in respect of traffic signs.
Marginal Citations
(1)Section 74 of the M215Road Traffic Regulation Act 1984 (affixing of signs to walls) shall be amended as follows.
(2)In subsection (1) (which confers the power)—
(a)before the council of a London borough there shall be inserted “ Transport for London and ”; and
(b)after shall there shall be inserted “ each ”.
(3)After subsection (1) there shall be inserted—
“(1A)Subsections (2) to (7) below shall apply in relation to Transport for London as they apply in relation to a London borough council.”
(4)In subsection (8) (no derogation from certain other powers) after the powers of there shall be inserted “ Transport for London or ”.
Marginal Citations
(1)So far as relating to—
(a)GLA roads, and
(b)roads in Greater London which are neither GLA roads nor trunk roads,
the functions transferred to the Secretary of State by orders under paragraph 10 of Schedule 5 to the M216Local Government Act 1985 are transferred to Transport for London by this subsection.
(2)The functions referred to in subsection (1) above are the functions conferred by sections 65, 73, 74 and 75 of the M217Road Traffic Regulation Act 1984 in respect of traffic signs which are traffic light signals controlling the movement of any class of road traffic (including pedestrians).
(3)Any expenses reasonably incurred by or on behalf of Transport for London in the exercise, in relation to roads which are not GLA roads, of the functions transferred by this section may be recovered by Transport for London from the London borough councils and the Common Council in such proportions as may be agreed between Transport for London and those authorities or, in default of agreement, as may be determined by Transport for London.
(4)Any reference in this section to a GLA road includes a reference to a GLA side road.
After section 74 of the M218Road Traffic Regulation Act 1984 there shall be inserted—
(1)If a London borough council requests Transport for London to provide any new traffic light installations for a road in Greater London which is neither a GLA road nor a trunk road, Transport for London shall approve and carry out the work unless it considers that there are reasonable grounds for refusing to do so.
(2)If Transport for London and a London borough council so agree, Transport for London may make a scheme transferring to the council—
(a)any part of the London traffic control system, and
(b)the power to maintain and operate that part of the system.
(3)The council for a London borough may, with the approval of Transport for London, buy, own, maintain and operate new traffic light installations for any road in the borough other than a trunk road.
(4)Where the powers conferred by subsection (2) or (3) above are exercised, the London borough council concerned shall, as respects the traffic signs comprised in—
(a)the part of the London traffic control system transferred by the scheme under subsection (2) above, or
(b)the traffic light installations referred to in subsection (3) above,
be treated (to the exclusion of Transport for London) as the traffic authority for all roads in Greater London (other than trunk roads) on or near which those traffic signs are placed.
(5)Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between Transport for London and the council concerned.
(6)Before Transport for London—
(a)changes the operating cycle, or the timing of the operating cycle, of any traffic light installations provided on a road in Greater London which is neither a GLA road nor a trunk road, or
(b)provides new traffic light installations for such a road,
Transport for London shall consult the council of the London borough in which the installations are or are to be provided.
(7)In this section—
the London traffic control system means the traffic control system which Transport for London has power to operate by virtue of the functions transferred to it—
by section 275 of the Greater London Authority Act 1999; or
by a scheme under subsection (1) or (3) of section 74B of this Act transferring functions of the Secretary of State to Transport for London;
traffic control system means a system for controlling the movement of vehicular traffic or of pedestrians by means of traffic light installations;
traffic light installations means—
traffic signs which are light signals for controlling the movement of vehicular traffic or of pedestrians; or
any installations or apparatus used in connection with the operation of any such traffic signs.
(8)For the purposes of this section—
(a)the City of London shall be treated as if it were a London borough;
(b)the Common Council shall be treated as if it were the council for a London borough; and
(c)the Inner Temple and the Middle Temple shall be treated as forming part of the City.”
Marginal Citations
After section 74A of the M219Road Traffic Regulation Act 1984 there shall be inserted—
(1)If the Secretary of State and Transport for London so agree, the Secretary of State may make a scheme transferring to Transport for London—
(a)the traffic control system for a trunk road in Greater London; and
(b)the power to maintain and operate that system.
(2)If Transport for London and the Secretary of State so agree, Transport for London may make a scheme transferring to the Secretary of State—
(a)the London traffic control system; and
(b)the power to maintain and operate that system.
(3)If, in a case where a traffic control system has been transferred under this section, the transferee and the transferor so agree, the transferee may make a scheme transferring back to the transferor the system and the power to maintain and operate it.
(4)A scheme under subsection (1), (2) or (3) above may make provision for the transferee to be treated (to the exclusion of the transferor), as respects the traffic signs comprised in the traffic control system transferred, as the traffic authority for specified roads in Greater London on or near which those traffic signs are placed.
(5)Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between the Secretary of State and Transport for London.
(6)Any reference in this section to a traffic control system includes a reference to part of a traffic control system.
(7)Expressions used in this section and in section 74A above have the same meaning in this section as they have in that section.”
Marginal Citations
After section 74B of the M220Road Traffic Regulation Act 1984 there shall be inserted—
(1)This section has effect for the purposes of sections 65, 73, 74, 74A, 74B and 75 of this Act.
(2)In the application of those provisions to traffic signs in Greater London which are light signals for controlling the movement of vehicular traffic or of pedestrians, Transport for London shall at all times be deemed to be the traffic authority for all roads in Greater London other than trunk roads.
(3)Without prejudice to the powers of the traffic authority for the road in question, Transport for London shall also be deemed to be the traffic authority for any road in Greater London for which they are not in fact the traffic authority for the purposes of the exercise by them as respects that road under section 73(1A) above of any powers exercisable by the traffic authority for that road.
(4)Subsections (2) and (3) above are subject to any provision to the contrary made by or under section 74A or 74B of this Act.”
Marginal Citations
(1)Section 39 of the M221Road Traffic Act 1988 (powers of Secretary of State and local authorities as to giving road safety information and training) shall be amended as follows.
(2)For subsection (2) (duty of local authority to prepare and carry out measures to promote road safety etc) there shall be substituted—
“(2)Each relevant authority—
(a)if it is a local authority, must prepare and carry out a programme of measures designed to promote road safety, or
(b)if it is Transport for London, may prepare and carry out such a programme,
and may contribute towards the cost of measures for promoting road safety taken by other authorities or bodies.”
(3)In subsection (3) (duty of local authority to carry out and act upon studies into accidents arising out of the use of vehicles on roads in their area, other than trunk roads) for the words preceding paragraph (a) there shall be substituted “ Each relevant authority— ”.
(4)In paragraph (a) of that subsection (the duty to carry out the studies)—
(a)after use of vehicles there shall be inserted—
“(i)if it is a local authority,”;
(b)after other than there shall be inserted “ GLA roads or ”; and
(c)at the end there shall be added “or
(ii)if it is Transport for London, on GLA roads or parts of GLA roads,”.
(5)After subsection (3) there shall be inserted—
“(3A)The duties imposed by subsection (3) above are without prejudice to the generality of subsection (2) above and—
(a)in the case of a local authority, are to be discharged in pursuance of their duty under subsection (2)(a) above; and
(b)in the case of Transport for London, are to be discharged by exercising their powers under subsection (2)(b) above.”
(6)In subsection (4) (definitions) the following definitions shall be inserted at the appropriate places—
“GLA road has the same meaning as in the M222Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);”;
relevant authority means a local authority or Transport for London;.
(1)In section 1 of the M223Road Traffic Reduction Act 1997 (interpretation) the following definitions shall be inserted at the appropriate places—
“ local implementation plan, in relation to a London council, means the plan prepared by the council under section 145 of the Greater London Authority Act 1999;;”
“ London council means a London borough council or the Common Council of the City of London;;”
“ the Mayor of London’s transport strategy means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999;.”
(2)Section 2 of that Act (duty of principal councils to make reports) shall be amended as follows.
(3)In subsection (3) (information or proposals which relate to levels of local road traffic and are required by guidance under subsection (6)) in paragraph (b), after guidance under subsection (6) there shall be inserted “ or (in the case of a report prepared by a London council) directions under subsection (6A) ”.
(4)After subsection (4), there shall be inserted—
“(4A)A report under this section prepared by a London council must take account of the Mayor of London’s transport strategy and the council’s local implementation plan; and—
(a)any targets specified in such a report pursuant to subsection (2), and
(b)any proposals contained in such a report pursuant to subsection (3),
must be in conformity with that strategy and that plan.”
(5)After subsection (6) there shall be inserted—
“(6A)The Mayor of London may give directions or issue guidance to London councils in relation to any matter in relation to which the Secretary of State may issue guidance under subsection (6).
(6B)The Mayor of London must not give any direction or issue any guidance under subsection (6A) which conflicts with guidance under subsection (6).
(6C)A London council preparing a report under this section—
(a)shall comply with any directions given under subsection (6A), and
(b)shall have regard to any guidance issued under that subsection.”
(6)In subsection (7)(a) (report to be sent to the Secretary of State) after Secretary of State there shall be inserted “ and, if the council is a London council, send a copy of the report to the Mayor of London ”.
Marginal Citations
(1)Section 45 of the M224Road Traffic Regulation Act 1984 (designation of paying parking places on highways) shall be amended as follows.
(2)In subsection (1), in the second paragraph (which requires a local authority outside Greater London which is not the traffic authority to obtain the consent of the traffic authority to any designation) the words outside Greater London shall cease to have effect.
(3)After subsection (1) there shall be inserted—
“(1A)Transport for London may not by virtue of subsection (1) above designate parking places on any highway which is not a GLA road.”
(4)In subsection (7), in the definition of local authority, at the end of paragraph (a) there shall be added “ or Transport for London ”.
(5)In subsection (7), in the definition of the local authority, after the words in whose area the site is there shall be added “unless the site is in Greater London, in which case—
(i)if the site is on a GLA road and the parking place is, or is proposed to be, designated by Transport for London, the local authority means Transport for London;
(ii)if the site is on a GLA road and the parking place is, or is proposed to be, designated by the London local authority in whose area the site is, the local authority means that London local authority; and
(iii)if the site is on a highway which is not a GLA road, the local authority means the London local authority in whose area the site is.”
(6)After subsection (7) there shall be added—
“(8)In this section London local authority means the council of a London borough or the Common Council of the City of London.
(9)For the purposes of this section and sections 46 to 55 of this Act, Transport for London’s area shall be taken to be Greater London.”
Marginal Citations
(1)Section 55 of the M225Road Traffic Regulation Act 1984 (financial provisions relating to designation orders) shall be amended as follows.
(2)In subsection (1)(a) (accounts in respect of parking places on the highway in the case of London borough councils and the Common Council) after in the case of there shall be inserted “ Transport for London, ”.
(3)In subsection (3A) (London borough councils and Common Council to report to Secretary of State on action taken with respect to deficit or surplus on their parking account)—
(a)at the beginning there shall be inserted “ Transport for London, ”; and
(b)for Secretary of State there shall be substituted “ Mayor of London ”.
(4)In subsection (4) (purposes for which a surplus on a local authority’s parking account may be applied) the word and immediately preceding paragraph (d) shall be omitted and after that paragraph there shall be added—
“(e)in the case of a London authority, meeting all or any part of the cost of the doing by the authority in their area of anything—
(i)which facilitates the implementation of the London transport strategy, and
(ii)which is for the time being specified in that strategy as a purpose for which a surplus may be applied by virtue of this paragraph;
(f)in the case of a London authority, the making to any other London authority of contributions towards the cost of the doing by that other authority of anything towards the doing of which in its own area the authority making the contribution has power—
(i)to apply any surplus on the account required to be kept under subsection (1) above; or
(ii)to incur expenditure required to be brought into that account.”
(5)At the end of the section there shall be added—
“(8)For the purpose of enabling Transport for London and any other London authorities to discharge jointly any functions conferred by virtue of subsection (4)(f) above by a joint committee established under section 101(5) of the M226Local Government Act 1972, sections 101(5) and 102 of that Act shall have effect as if Transport for London were a local authority.
(9)In the application of this section in relation to Transport for London, any reference to its general fund shall be taken as a reference to the financial reserves for which provision is made under section 85(4)(c) of the Greater London Authority Act 1999 in calculating Transport for London’s component budget for the financial year in question.
(10)In this section—
London authority means Transport for London, a London borough council or the Common Council of the City of London;
the London transport strategy means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999.”
(1)Section 73 of the M227Road Traffic Act 1991 (appointment of parking adjudicators by joint committee of London authorities) shall be amended as follows.
F474(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In subsection (2) (functions of London authorities under sections 73 and 74 to be exercised by the Joint Committee) the words and section 74 of this Act shall cease to have effect.
F475(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F474S. 283(2) repealed (E.W.) (31.3.2008 for E., 31.3.2008 for W.) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 1; S.I. 2007/2053, arts. 1(2), 3(1)(2)(h)(v) (with arts. 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5); S.I. 2007/3174, art. 2, Sch.
F475S. 283(4) repealed (E.W.) (31.3.2008 for E., 31.3.2008 for W.) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 1; S.I. 2007/2053, arts. 1(2), 3(1)(2)(h)(v) (with arts. 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5); S.I. 2007/3174, art. 2, Sch.
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F476S. 284 repealed (E.W.) (31.3.2008 for E., 31.3.2008 for W.) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 1; S.I. 2007/2053, arts. 1(2), 3(1)(2)(h)(v) (with arts. 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5); S.I. 2007/3174, art. 2, Sch.
(1)Section 76 of the M228Road Traffic Act 1991 (special parking areas) shall be amended as follows.
(2)After subsection (1) (applications by London authorities for orders designating special parking areas) there shall be inserted—
“(1A)An application for an order under subsection (1) above may only be made—
(a)by Transport for London, to the extent that the special parking area is to consist of GLA roads or trunk roads; or
(b)by a London local authority, to the extent that the special parking area is to consist of roads other than GLA roads and trunk roads.”
(3)The amendment made by this section does not affect the continuing validity of any order, or any application for an order, made before the coming into force of this section.
Marginal Citations
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Textual Amendments
F477S. 286 repealed (E.W.) (31.3.2008 for E., 31.3.2008 for W.) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 1; S.I. 2007/2053, arts. 1(2), 3(1)(2)(h)(v) (with arts. 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5); S.I. 2007/3174, art. 2, Sch.
(1)Section 82 of the M229Road Traffic Act 1991 (interpretation of Part II) shall be amended as follows.
(2)In subsection (1), for the definition of London authority there shall be substituted—
“London authority means—
(a)as respects parking, or any matter connected with or relating to parking, on a GLA road, Transport for London;
(b)as respects parking, or any matter connected with or relating to parking, on any road other than a GLA road or a trunk road, any council of a London borough or the Common Council of the City of London;”.
(3)In subsection (1), the following definitions shall be inserted at the appropriate places—
“GLA road (subject to subsection (1C) below) has the same meaning as in the M230Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);”;
“GLA side road has the same meaning as in the M231Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act;”;
“London local authority means any council of a London borough or the Common Council of the City of London;”;
“the Mayor’s transport strategy means the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999;”;
“Minister of the Crown has the same meaning as in the Ministers of the M232Crown Act 1975;”.
(4)After subsection (1) there shall be inserted—
“(1A)Any functions conferred or imposed on the Greater London Authority by or under this Part of this Act shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(1B)Subsection (1A) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.
(1C)In this Part of this Act, any reference to a GLA road includes a reference to a GLA side road.”
(5)In subsection (6) (power to make orders or regulations to be exercisable by statutory instrument) after conferred by this Part there shall be inserted “ on a Minister of the Crown ”.
Commencement Information
I53S. 287 partly in force; s. 287 not in force at Royal Assent see s. 425(2); s. 287(1)(3)-(5) in force at 3.7.2000 by S.I. 2000/801, art. 2(2)(c) (as amended by S.I. 2000/1648, art. 3(2))
Marginal Citations
(1)Section 26 of the M233Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings) shall be amended as follows.
(2)In subsection (2) (definition of the appropriate authority)—
(a)in paragraph (a) (places not in the metropolitan police district or the City) for not in the metropolitan police district and not in the City of London there shall be substituted “ outside Greater London ”; and
(b)for paragraph (c) (places in the metropolitan police district) there shall be substituted—
“(c)as respects places in a London borough, shall be the council for the borough,”.
(3)In subsection (4) (duty of certain authorities to have regard to representations made by other local authorities in their area) in paragraph (a)—
(a)the words and the commissioner of police of the metropolis, or him and or metropolitan police district shall cease to have effect; and
(b)after in the county there shall be inserted “ or ”.
(4)After subsection (4) there shall be inserted—
“(4A)Before making arrangements under subsection (1) above for the patrolling of places where children cross GLA roads, a London borough council or the Common Council of the City of London must consult Transport for London and take account of any representations made by Transport for London.”
(5)In subsection (5) (agreements between council of a county etc and the police authority)—
(a)after council of the county there shall be inserted “ , London borough ”; and
(b)after in the county there shall be inserted “ , London borough ”.
(6)In consequence of the preceding provisions of this section, section 27 of the M234Road Traffic Regulation Act 1984 (expenses under section 26 in metropolitan police district) shall cease to have effect.
(1)Section 63A of the M235Road Traffic Regulation Act 1984 (parking attendants) shall be amended as follows.
(2)In subsection (4) (parking attendants in Greater London to wear uniform prescribed by Secretary of State when exercising prescribed functions) for Secretary of State there shall be substituted “ Greater London Authority ”.
(3)In subsection (5) (definition of local authority etc) at the end there shall be added “ except that Transport for London shall also be a local authority ”.
(4)After subsection (5), there shall be inserted—
“(6)For the purposes of this section, the area of Transport for London is Greater London.”
Marginal Citations
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Textual Amendments
F478S. 290 omitted (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 13 para. 4; S.I. 2017/1139, reg. 3
After section 121A of the M236Road Traffic Regulation Act 1984 there shall be inserted—
(1)No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,—
(a)a GLA road, or
(b)a road in another London borough,
unless the requirements of subsections (2) and (3) below have been satisfied.
(2)The first requirement is that the council has given notice of the proposal to exercise the power in the way in question—
(a)to Transport for London; and
(b)in a case where the road concerned is in another London borough, to the council for that borough.
(3)The second requirement is that—
(a)the proposal has been approved by Transport for London, in the case of a GLA road, or by the London borough council concerned, in the case of any other road; or
(b)the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or
(c)any objection made by Transport for London or the council has been withdrawn; or
(d)where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection.
(4)Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.
(5)If Transport for London has reason to believe—
(a)that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect, a GLA road or a road in another London borough, and
(b)that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above,
Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied.
(6)If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.
(7)For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.
(8)Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.
(9)The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.
(10)A direction under subsection (9) above may, in particular, dispense with those requirements as respects—
(a)all or any of the London borough councils;
(b)all or any of the GLA roads;
(c)all or any of the roads which are neither GLA roads nor trunk roads;
(d)the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified.
(11)Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.
(12)For the purposes of this section—
(a)the City of London shall be treated as if it were a London borough;
(b)the Common Council shall be treated as if it were the council for a London borough; and
(c)the Inner Temple and the Middle Temple shall be treated as forming part of the City.”
Commencement Information
I54S. 291 wholly in force at 3.7.2000; s. 291 not in force at Royal Assent see s. 425(2); s. 291 in force for specified purposes (8.5.2000) by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 291 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Marginal Citations
(1)The M237Road Traffic Regulation Act 1984 shall be amended as follows.
(2)After section 121B there shall be inserted—
(1)The functions of the Greater London Authority under this Act shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.
(2)Subsection (1) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.”
(3)In section 142 (general interpretation) the following definitions shall be inserted at the appropriate places in subsection (1)—
“GLA road (subject to subsection (4) below) has the same meaning as in the M238Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);”;
“GLA side road shall be construed in accordance with section 124A(9) of this Act;”;
“trunk road has the same meaning as in the M239Highways Act 1980 (see section 329(1) of that Act)”.
(4)At the end of section 142 there shall be added—
“(4)Any reference in this Act to a GLA road includes a reference to a GLA side road.”
After section 132 of the M240Road Traffic Regulation Act 1984 there shall be inserted—
(1)The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted—
(a)the traffic authority for the highway, and
(b)Transport for London,
about the exercise of those functions in that way.
(2)The duty imposed by subsection (1) above shall not apply if it would not be reasonably practicable for the Secretary of State to consult the traffic authority or Transport for London before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State shall inform the traffic authority and Transport for London that those functions have been so exercised.
(3)A traffic authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.
(4)The duty imposed by subsection (3) above shall not apply if it would not be reasonably practicable for the traffic authority to consult the Secretary of State before exercising functions; but, in such a case, as soon as practicable after so exercising functions the highway authority shall inform the Secretary of State that those functions have been so exercised.
(5)In this section Royal Park means any park to which the M241Parks Regulation Act 1872 applies (see sections 1 and 3 of the M242Parks Regulation (Amendment) Act 1926).”
(1)The following enactments shall cease to have effect—
(a)sections 12, 13 and 76 of the M243Road Traffic Regulation Act 1984 (experimental traffic schemes carried out in Greater London by the police);
(b)paragraph 53 of Schedule 4 to the M244Local Government Act 1985 (which relates to the abolition of metropolitan roads and is spent);
(c)Part II of Schedule 5 to the M245Local Government Act 1985 (supplementary provisions relating to road traffic) so far as relating to Greater London;
(d)sections 50 to 63 and 80 of, and Schedule 5 to, the M246Road Traffic Act 1991 (priority routes, local plans, trunk road plans and the Traffic Director for London).
(2)Any guidance given by the Secretary of State under any of the provisions of the M247Local Government Act 1985 or the M248Road Traffic Act 1991 mentioned in subsection (1) above shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy (and shall accordingly be subject to revocation or variation by the Mayor).
(3)So far as relating to roads which are or become GLA roads, the Traffic Director for London’s network plan under section 52 of the M249Road Traffic Act 1991 shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy.
(4)Any trunk road local plans prepared or in the course of preparation under section 56 of the M250Road Traffic Act 1991 by the Traffic Director for London shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.
(5)In subsections (6) and (7) below relevant local plans means any local plans prepared or in the course of preparation by a London borough council or the Common Council under section 54 of the M251Road Traffic Act 1991.
(6)To the extent that they relate to roads which are or become GLA roads, within the meaning of the M252Highways Act 1980, any relevant local plans shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.
(7)To the extent that they relate to roads other than those mentioned in subsection (6) above, any relevant local plans shall, until such time as they are superseded by local implementation plans under section 145 above, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as local implementation plans under that section.
(8)Any reference in this section to a GLA road includes a reference to a GLA side road.
Marginal Citations
(1)Each of the following bodies, namely—
(a)Transport for London,
(b)any London borough council, or
(c)the Common Council,
may establish and operate schemes for imposing charges in respect of the keeping or use of motor vehicles on roads in its area.
(2)Schedule 23 to this Act (which makes provision supplementing this section) shall have effect.
(3)For the purposes of this section and that Schedule motor vehicle has the meaning given in section 185(1) of the M253Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply for those purposes as it applies for the purposes of the Road Traffic Acts.
Commencement Information
I55S. 295 wholly in force at 3.7.2000; s. 295 not in force at Royal Assent see s. 425(2); S. 295 in force (8.5.2000) for specified purposes by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 295 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Marginal Citations
(1)Each of the following bodies, namely—
(a)Transport for London,
(b)any London borough council, or
(c)the Common Council,
may establish and operate schemes for the licensing of persons providing workplace parking places in Greater London.
(2)Schedule 24 to this Act (which makes provision supplementing this section) shall have effect.
Commencement Information
I56S. 296 wholly in force at 3.7.2000; s. 296 not in force at Royal Assent, see s. 425(2); s. 296 in force (8.5.2000) for specified purposes by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 296 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)The Secretary of State shall from time to time prepare programmes for the transfer to Transport for London of property, rights and liabilities of London Regional Transport—
(a)for the purpose of enabling Transport for London to perform its functions as they become exercisable; or
(b)in preparation for the dissolution of London Regional Transport;
and in this Chapter transfer programme means a programme under this subsection.
(2)Any powers conferred by Part XII below are exercisable for the purpose of implementing any transfer programme.
(3)A transfer programme may include plans relating to—
(a)the transfer of rights and liabilities under contracts of employment;
(b)the provision of pensions, within the meaning of section 411 below;
(c)the apportionment of any property, rights or liabilities;
(d)the creation of rights or liabilities;
(e)the transfer of statutory functions;
(f)the exercise of any other powers under Part XII below.
(4)A transfer programme may provide for different property, rights or liabilities to be transferred on different days.
(5)To the extent that a transfer programme has not been implemented, it may be varied or replaced by another such programme.
(1)In this section transitional purpose means the purpose of—
(a)facilitating the securing and carrying into effect of PPP agreements under Chapter VII above;
(b)facilitating the transfer of property, rights or liabilities of London Regional Transport to Transport for London;
(c)facilitating the transfer of functions, property, rights or liabilities to Transport for London from any other body or person from whom they are or may be so transferred under or by virtue of this Act;
(d)facilitating the exercise by Transport for London of any functions so transferred; or
(e)securing that public passenger transport services continue to be provided without disruption.
(2)London Regional Transport shall be under a duty, and shall be taken at any time before the coming into force of this section to have had power, to do all such things as it considers appropriate for any transitional purpose.
(3)In discharging their functions during the transitional period it shall be the duty of—
(a)the Mayor,
(b)London Regional Transport, and
(c)Transport for London,
to consult and co-operate with each other for any transitional purpose.
(4)The following provisions of this section have effect for the purpose of facilitating the discharge of the duty of co-operation imposed on London Regional Transport and Transport for London by subsection (3) above.
(5)London Regional Transport and Transport for London shall each provide to the other such information as may reasonably be required by that other for the purpose of discharging any of its functions during the transitional period.
(6)London Regional Transport and Transport for London shall each have power to enter into arrangements with the other—
(a)for the provision by the one for the other of administrative, technical or professional services or of passenger transport services;
(b)for the one to make available for use by the other, or for shared use by each of them, any land, equipment or other property;
(c)for the one to place any of its officers or other members of staff at the disposal of the other, for the purposes of its functions;
(d)for the discharge by the one of any functions of the other on its behalf.
(7)Arrangements entered into under subsection (6) above may be on such terms as may be agreed between London Regional Transport and Transport for London.
(8)Arrangements by virtue of paragraph (c) of subsection (6) above may only be entered into after consultation with the officers or members of staff concerned.
(9)In this Chapter the transitional period means the period which—
(a)begins with the coming into force of this section; and
(b)ends on the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.
Commencement Information
I57S. 298 wholly in force at 3.7.2000; s. 298 not in force at Royal Assent see s. 425(2); s. 298(1)(2) in force at 12.1.2000 by S.I. 1999/3434, art. 2; s. 298 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
(1)If provision is made under or by virtue of this Act which has the effect of applying to any extent in relation to London Regional Transport during the transitional period—
(a)the powers conferred on the Mayor by section 155 above, and
(b)the duty imposed on the Mayor by section 174 above,
then the Mayor, in discharging that duty as so applied in relation to London Regional Transport, shall act in a way which he considers will not prejudice the financial or other interests of London Regional Transport, having regard to the financial and other interests of Transport for London.
(2)If provision is made under or by virtue of this Act which has the effect of—
(a)applying to any extent in relation to London Regional Transport during the transitional period any of the provisions contained in sections 240 to 243 above or Schedule 16 to this Act, and
(b)authorising or requiring Transport for London during the transitional period to act on behalf of London Regional Transport for the purposes of any of those provisions as so applied,
then Transport for London, in acting on behalf of London Regional Transport for those purposes, shall do so in a way which (having regard to its own financial and other interests) it considers will not prejudice the financial or other interests of London Regional Transport.
(1)In this section—
abolished function means any function of London Regional Transport which was conferred or imposed by a statutory provision which is repealed or revoked by or under this Act;
abolition, in relation to an abolished function, means the coming into force of the repeal or revocation of the provision conferring or imposing the function;
statutory provision means an enactment contained in—
an Act passed before the date on which London Regional Transport is dissolved or in the Session in which that date falls; or
subordinate legislation made before that date or in that Session.
(2)There may be continued by or in relation to Transport for London anything (including legal proceedings) which relates to an abolished function and is in the process of being done by or in relation to London Regional Transport immediately before the abolition of the function.
(3)Anything which—
(a)was made or done by or in relation to London Regional Transport for the purposes of or in connection with an abolished function, and
(b)is in effect immediately before the abolition of the function,
shall have effect as if made or done by or in relation to Transport for London.
(4)Transport for London shall be substituted for London Regional Transport in any instruments, contracts or legal proceedings which relate to an abolished function and which were made or commenced before the abolition of the function.
(5)Subsections (2) to (4) above do not apply in relation to an abolished function to the extent that the repeal or revocation of the statutory provision by which the function was conferred or imposed comes into force on terms which provide otherwise.
(6)Any reference in this section to anything made or done by or in relation to London Regional Transport includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to London Regional Transport.
(1)Any functions of the London Transport Executive established under section 4 of the M254Transport (London) Act 1969 which, by virtue of section 67(1) of the M255London Regional Transport Act 1984 are exercisable by London Regional Transport, shall instead be exercisable by Transport for London.
(2)In section 144 of the M256Transport Act 1968 (transfer and disposal of historical records and relics) for London Regional Transport in each place where it occurs there shall be substituted “ Transport for London ”.
Commencement Information
I58S. 301 in force at 15.7.2003 by S.I. 2003/1920, art. 2(d)
Marginal Citations
When the Secretary of State is satisfied that provision has been made for the transfer of all property, rights and liabilities of London Regional Transport, he may by order provide for the dissolution of London Regional Transport.
Commencement Information
I59S.302 in force at Royal Assent (11.11.1999) as regards any power of a Minister of the Crown to make regulations or an order, see s.425(2)
In this Chapter—
transfer programme has the meaning given by section 297(1) above;
the transitional period has the meaning given by section 298(9) above.
Commencement Information
I60S. 303 partly in force; s. 303 not in force at Royal Assent see s. 425(2); s. 303 in force (1.4.2000) for specified purposes by S.I. 2000/801, art. 2(2)(a), Sch. Pt. 1
I61S. 303 in force at 15.7.2003 in so far as not already in force by S.I. 2003/1920, art. 2(e)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F479Ss. 304-309 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
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Textual Amendments
F479Ss. 304-309 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
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Textual Amendments
F479Ss. 304-309 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
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Textual Amendments
F479Ss. 304-309 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F479Ss. 304-309 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
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Textual Amendments
F479Ss. 304-309 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
Textual Amendments
F480Pt. 5A inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 21(1), 59(7); S.I. 2008/113, art. 2(d)
(1)There shall be an officer to be known as the Health Adviser to the Greater London Authority (“the Health Adviser”).
(2)It shall be the function of the Health Adviser to provide any person falling within subsection (3) below with advice in relation to any of the following—
(a)anything that appears to the Health Adviser to be a major health issue,
(b)the performance of any person's functions under or by virtue of this Act, so far as relating to health,
(c)the implementation of the provisions of this Act which impose duties in relation to health inequalities between persons living in Greater London (see, in particular, sections 30, 41 and 309E to 309H).
(3)The persons are—
(a)the Authority,
(b)the Mayor,
(c)any Assembly member,
(d)any functional body.
(4)The Health Adviser shall also have such other functions as may be conferred or imposed on him by or under this Act or any other Act (whenever passed).
(5)Any function exercisable by the Health Adviser is also exercisable by a Deputy Health Adviser (see section 309C) if or to the extent that the Health Adviser so authorises, whether generally or specially, and subject to any conditions imposed by the Health Adviser.
(6)Any authorisation under subsection (5) above—
(a)must be in writing, and
(b)may be varied or revoked, in writing, at any time by the Health Adviser.
(1)The person who is the Health Adviser at any time is to be the person who at that time is in the employment of the Civil Service of the State in the post of Regional Director of Public Health for London.
(2)If there ceases to be a post in the Civil Service of the State known as Regional Director of Public Health for London, any reference in this section to that post is to be taken as a reference to that post in the Civil Service of the State which corresponds, or most closely corresponds, to that of Regional Director of Public Health for London.
(3)If any question arises as to which one of two or more persons is to be the Health Adviser, the Secretary of State may designate one of them to be the Health Adviser.
(4)If there ceases to be any post in the Civil Service of the State which corresponds, or reasonably closely corresponds, to that of Regional Director of Public Health for London, subsection (5) below applies.
(5)In any such case, the Health Adviser is to be such person as the Secretary of State may appoint from among persons who appear to him to meet the conditions in subsection (6) below.
(6)The conditions are that the person—
(a)is in the employment of the Civil Service of the State or is employed in the National Health Service, and
(b)in either case, holds a senior post in which he has strategic responsibilities for public health throughout Greater London.
(7)If at any time a person appointed under subsection (5) above ceases to hold the post mentioned in subsection (6)(b) above, then at that time he also ceases to be the Health Adviser.
(8)Nothing in this section implies that a person who ceases to be the Health Adviser at any time may not again be the Health Adviser at any subsequent time.
(9)The functions of the Health Adviser at any time are functions of his in the course of his employment at that time in the Civil Service of the State or, as the case may be, in the National Health Service.
(1)There shall also be one or more officers to be known as Deputy Health Advisers to the Greater London Authority (“Deputy Health Advisers”).
(2)The Secretary of State is to appoint one of the Deputy Health Advisers to exercise the functions of the Health Adviser at any time when—
(a)there is a vacancy in the position of Health Adviser, or
(b)the person who is the Health Adviser is incapable of discharging the functions of Health Adviser.
(3)Any of the Deputy Health Advisers may exercise functions of the Health Adviser at any time when he is authorised to do so by virtue of an authorisation given by the Health Adviser under subsection (5) of section 309A above.
(4)Any exercise of a function by a Deputy Health Adviser by virtue only of such an authorisation must be in accordance with the authorisation and any conditions imposed by the Health Adviser under that subsection.
(5)A Deputy Health Adviser shall also have such other functions as may be conferred or imposed on him by or under this Act or any other Act (whenever passed).
(1)The persons who are Deputy Health Advisers at any time are to be the persons who at that time are in the employment of the Civil Service of the State in any of the posts of Deputy Regional Director of Public Health for London.
(2)If there cease to be any posts in the Civil Service of the State known as Deputy Regional Director of Public Health for London, any reference in this section to those posts is to be taken as a reference to the post or posts in the Civil Service of the State which correspond, or most closely correspond, to the posts of Deputy Regional Director of Public Health for London.
(3)If any question arises as to which of two or more persons are to be the Deputy Health Advisers, the Secretary of State may designate one or more of them to be the Deputy Health Advisers.
(4)If there cease to be any posts in the Civil Service of the State which correspond, or reasonably closely correspond, to that of Deputy Regional Director of Public Health for London, subsection (5) below applies.
(5)In any such case, the Deputy Health Advisers are to be such one or more persons as the Secretary of State may appoint from among persons who appear to him to meet the conditions in subsection (6) below.
(6)The conditions are that the person is not the Health Adviser but—
(a)is in the employment of the Civil Service of the State or is employed in the National Health Service, and
(b)in either case, holds a senior post in which he has strategic responsibilities for public health throughout Greater London.
(7)If at any time a person appointed under subsection (5) above ceases to hold the post mentioned in subsection (6)(b) above, then at that time he also ceases to be a Deputy Health Adviser.
(8)Nothing in this section implies that a person who ceases to be a Deputy Health Adviser at any time may not again be a Deputy Health Adviser at any subsequent time.
(9)The functions of a Deputy Health Adviser at any time are functions of his in the course of his employment at that time in the Civil Service of the State or, as the case may be, in the National Health Service.]
Textual Amendments
F481Ss. 309E-309H and cross-heading inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 22(1), 59(7); S.I. 2008/113, art. 2(d)
(1)The Mayor shall prepare and publish a document to be known as the “health inequalities strategy”.
(2)The strategy shall contain the Mayor's proposals and policies for promoting the reduction of health inequalities between persons living in Greater London.
(3)The proposals and policies are to be addressed to the mitigation of differences in general health determinants (see section 309F(5)).
(4)The strategy must—
(a)identify any issues that appear to the Mayor to be major health issues where there are health inequalities between persons living in Greater London,
(b)identify those inequalities,
(c)specify priorities for reducing those inequalities,
(d)describe the role to be performed by any relevant body or person for the purpose of implementing the strategy.
(5)For the purposes of this section, each of the following are relevant bodies or persons—
(a)the Authority,
(b)any functional body,
(c)any London borough council,
(d)the Common Council,
(e)the Health Adviser,
F482(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F483(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F484(ga)the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
(gb)[F485NHS England],
[F486(gc)any integrated care board (established under section 14Z25 of the National Health Service Act 2006) for an area wholly or partly in Greater London,]]
(h)any National Health Service trust any or all of whose hospitals, establishments or facilities are situated in Greater London (see section 25 of the National Health Service Act 2006),
(i)any NHS foundation trust any or all of whose hospitals, establishments or facilities are situated in Greater London (see Chapter 5 of Part 2 of the National Health Service Act 2006),
and any body or person not falling within any of the preceding paragraphs which appears to the Mayor to have responsibilities in relation to Greater London, or any part of Greater London, with respect to any of the matters that are general health determinants.
(6)Section 309F makes provision as to the meaning of “health inequalities between persons living in Greater London” for the purposes of this Act.
(7)Section 309G contains supplementary provision with respect to the preparation and revision of the strategy.
(8)Section 309H makes provision for directions by the Secretary of State.
Textual Amendments
F482S. 309E(5)(f) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 94(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F483S. 309E(5)(g) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 94(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F484Ss. 309E(5)(ga)-(gc) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 94(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F485Words in s. 309E substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F486S. 309E(5)(gc) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 58; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
(1)Any reference in this Act to health inequalities between persons living in Greater London is to be read in accordance with this section.
(2)For that purpose—
(a)subsection (3) makes provision as to the meaning of “between persons living in Greater London”, and
(b)subsection (4), as read with subsection (5), makes provision as to the meaning of “health inequalities”.
(3)Any reference to health inequalities “between persons living in Greater London” is a reference to health inequalities between persons, or persons of different descriptions, living in, or in different parts of, Greater London.
(4)“Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants (see subsection (5)).
(5)“General health determinants” are—
(a)standards of housing, transport services or public safety,
(b)employment prospects, earning capacity and any other matters that affect levels of prosperity,
(c)the degree of ease or difficulty with which persons have access to public services,
(d)the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health,
and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors.
(1)In preparing or revising the health inequalities strategy the Mayor shall have regard to any guidance given to him by the Secretary of State about the matters which he is to take into account.
(2)It shall be the duty of the Mayor and the Health Adviser to collaborate and co-operate with each other—
(a)generally, for the purposes of the preparation or any revision of the health inequalities strategy, and
(b)in particular, for the purpose of ascertaining the issues that are to be identified in the strategy pursuant to section 309E(4)(a) above.
(3)For the purpose of discharging the duty imposed on each of them by subsection (2) above, the Mayor and the Health Adviser shall each provide to the other such information as may reasonably be required by the other.
(4)In preparing or revising the strategy, the Mayor must consult such of the relevant bodies or persons (within the meaning given by section 309E(5) above), except the Authority and any functional body, as appear to him to be likely to be affected by the strategy.
This subsection is without prejudice to section 42(1) above (further duties of Mayor as to consultation).
(5)The consultation required by subsection (4) above is consultation about—
(a)the matters to be included, and
(b)the issues to be taken into account.
(6)Where the Mayor revises the health inequalities strategy, he shall publish it as revised.
(7)References in this Act to the health inequalities strategy include a reference to the health inequalities strategy as revised, except where the context otherwise requires.
(1)Where the Secretary of State considers that—
(a)the health inequalities strategy (or any part of it) is inconsistent with any national policies of any description, and
(b)the inconsistency would have a detrimental effect on achieving any or all of the objectives of those policies,
he may direct the Mayor to make such revisions of the strategy in order to remove the inconsistency as may be specified in the direction.
(2)Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall revise the health inequalities strategy in accordance with the direction.
(3)The Secretary of State must consult the Mayor before giving him a direction under this section.
(4)Apart from subsection (1) (Mayor to have regard to guidance), nothing in section 309G above applies in relation to a revision of the health inequalities strategy in accordance with a direction under this section.]
(1)After section 5 of the M257Police Act 1996 there shall be inserted—
A police force shall be maintained for the metropolitan police district.
(1)There shall be a police authority for the metropolitan police district.
(2)The police authority established under this section shall be a body corporate to be known as the Metropolitan Police Authority.
(1)The Metropolitan Police Authority shall consist of twenty three members (subject to subsection (2)).
(2)The Secretary of State may by order provide that the number of members of the Metropolitan Police Authority shall be a specified odd number not less than seventeen.
(3)Before making an order under subsection (2) which reduces the number of members of the Metropolitan Police Authority, the Secretary of State shall consult—
(a)the Greater London Authority;
(b)the Metropolitan Police Authority; and
(c)the person or body responsible for the appointment of members of the Greater London Magistrates’ Courts Authority under regulations made under section 30B of the Justices of the M258Peace Act 1997 (which, by virtue of paragraph 5(b) of Schedule 2A to this Act, appoints magistrates to be members of the Metropolitan Police Authority).
(4)An order under subsection (2) which reduces the number of members of the Metropolitan Police Authority may include provision as to the termination of the appointment of the existing members of the Metropolitan Police Authority and the making of new appointments or re-appointments.
(5)A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made.
(6)Schedules 2A and 3 shall have effect in relation to the Metropolitan Police Authority and the appointment of its members.
F487(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F487S. 310(2) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(ii) (with art. 7)
Commencement Information
I62S. 310 wholly in force at 3.7.2000: by virtue of s. 425(2), s. 310 in force at Royal Assent so far as it confers any power on a Minister of the Crown to make regulations or an order; s. 310 in force for certain purposes at 1.1.2000 by S.I. 1999/3271, art. 3(a); s. 310 in force for specified purposes on "the operative date" (as defined in S.I. 2000/1095, art. 1) and in so far as not already in force at 3.7.2000 by S.I. 2000/1095, art. 4(2)(a) (with arts. 5, 6)
Marginal Citations
In section 6 of the M259Police Act 1996 (general functions of a police authority to include securing the maintenance of an efficient and effective police force for its area) after subsection (4) there shall be inserted—
“(5)This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.”
Marginal Citations
(1)Section 101 of the M260Police Act 1996 (interpretation) shall be amended as follows.
(2)In the definition of “police authority”, in paragraph (b), for “Secretary of State” there shall be substituted “ Metropolitan Police Authority ”.
(3)In the definition of “police fund”—
(a)in paragraph (a), after “force maintained under section 2” there shall be inserted “ or the metropolitan police force ”, and
(b)paragraph (b) shall cease to have effect.
Marginal Citations
(1)Section 100J of the M261Local Government Act 1972 (access to meetings and documents: application of Part VA to certain authorities as to principal councils) shall be amended as follows.
(2)In subsection (1) (which lists the bodies to which the Part is applied) after paragraph (e) there shall be inserted—
“(eza)the Metropolitan Police Authority;”.
(3)In subsection (3) (modifications of section 100A(6)(a) relating to council premises in the case of certain bodies specified in paragraphs of subsection (1)) after “(e),” there shall be inserted “ (eza), ”.
(4)In subsection (4) (application of section 100G(1)(a) relating to registers of members in the M262case of certain bodies specified in subsection (1)) in paragraph (a), after “Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.
After section 9 of the M263Police Act 1996 there shall be inserted—
(1)The metropolitan police force shall be under the direction and control of the Commissioner of Police of the Metropolis appointed under section 9B.
(2)In discharging his functions, the Commissioner of Police of the Metropolis shall have regard to the local policing plan issued by the Metropolitan Police Authority under section 8.”
Marginal Citations
After section 9A of the M264Police Act 1996 there shall be inserted—
(1)There shall be a Commissioner of Police of the Metropolis.
(2)Any appointment of a Commissioner of Police of the Metropolis shall be made by Her Majesty by warrant under Her sign manual.
(3)A person appointed as Commissioner of Police of the Metropolis shall hold office at Her Majesty’s pleasure.
(4)Any appointment of a Commissioner of Police of the Metropolis shall be subject to regulations under section 50.
(5)Before recommending to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis, the Secretary of State shall have regard to—
(a)any recommendations made to him by the Metropolitan Police Authority; and
(b)any representations made to him by the Mayor of London.
(6)Any functions exercisable by the Mayor of London under subsection (5) may only be exercised by him personally.”
Marginal Citations
After section 9B of the M265Police Act 1996 there shall be inserted—
(1)The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis—
(a)during any absence, incapacity or suspension from duty of the Commissioner,
(b)during any vacancy in the office of the Commissioner, or
(c)at any other time, with the consent of the Commissioner.
(2)The Deputy Commissioner of Police of the Metropolis shall not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State.
(3)The Deputy Commissioner of Police of the Metropolis shall also have all the powers and duties of an Assistant Commissioner of Police of the Metropolis.”
Marginal Citations
After section 9C of the M266Police Act 1996 there shall be inserted—
(1)There shall be a Deputy Commissioner of Police of the Metropolis.
(2)Any appointment of a Deputy Commissioner shall be made by Her Majesty by warrant under Her sign manual.
(3)A person appointed as the Deputy Commissioner shall hold office at Her Majesty’s pleasure.
(4)Any appointment of a Deputy Commissioner shall be subject to regulations under section 50.
(5)Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner, the Secretary of State shall have regard to—
(a)any recommendations made to him by the Metropolitan Police Authority; and
(b)any representations made to him by the Commissioner.
(6)In this section—
“the Commissioner” means the Commissioner of Police of the Metropolis;
“Deputy Commissioner” means Deputy Commissioner of Police of the Metropolis.”
Marginal Citations
After section 9D of the M267Police Act 1996 there shall be inserted—
(1)The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis to retire in the interests of efficiency or effectiveness.
(2)Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis an opportunity to make representations and shall consider any representations that he makes.
(3)Where the Commissioner of Police of the Metropolis is called upon to retire under subsection (1), he shall retire on such date as the Metropolitan Police Authority may specify or on such earlier date as may be agreed upon between him and the Authority.
(4)This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis.
(5)This section is without prejudice to—
(a)section 9B(3),
(b)section 9D(3),
(c)any regulations under section 50, or
(d)any regulations under the M268Police Pensions Act 1976.”
After section 9E of the M269Police Act 1996 there shall be inserted—
(1)The ranks that may be held in the metropolitan police force shall include that of Assistant Commissioner of Police of the Metropolis (“Assistant Commissioner”).
(2)Any appointment of an Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.
(3)Subsections (1) to (3) of section 9E shall apply in relation to an Assistant Commissioner as they apply to the Commissioner of Police of the Metropolis.
(4)Subsection (3) is without prejudice to—
(a)any regulations under section 50, or
(b)any regulations under the M270Police Pensions Act 1976.
(5)An Assistant Commissioner may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner.
(6)Subsection (5) is without prejudice to any regulations under section 50.”
After section 9F of the M271Police Act 1996 there shall be inserted—
(1)The ranks that may be held in the metropolitan police force shall include that of Commander.
(2)Any appointment of a Commander in the metropolitan police force shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50.
(3)Subsections (1) to (3) of section 9E shall apply in relation to a Commander in the metropolitan police force as they apply to the Commissioner of Police of the Metropolis.
(4)Subsection (3) is without prejudice to—
(a)any regulations under section 50, or
(b)any regulations under the M272Police Pensions Act 1976.”
(1)Any appointment of a person as the Commissioner of Police of the Metropolis under section 1 of the M273Metropolitan Police Act 1829 which is in force immediately before the coming into force of section 315 above shall have effect as from the coming into force of that section as the appointment of that person as the Commissioner of Police of the Metropolis under and in accordance with section 9B of the M274Police Act 1996.
(2)If, immediately before the coming into force of section 317 above, there is in force in respect of a person who is one of the Assistant Commissioners of Police of the Metropolis an authorisation under section 8 of the M275Metropolitan Police Act 1856 (authorisation of one of the Assistant Commissioners to act as Commissioner in case of vacancy, illness or absence) that person shall be taken, as from the coming into force of section 317 above, to have been appointed as the Deputy Commissioner of Police of the Metropolis u der and in accordance with section 9D of the M276Police Act 1996.
(3)Any appointment of a person (other than a person in relation to whom subsection (2) above has effect) as an Assistant Commissioner of Police of the Metropolis under section 2 of the M277Metropolitan Police Act 1856 which is in force immediately before the coming into force of section 319 above shall have effect as from the coming into force of that section as the appointment of that person as an Assistant Commissioner of Police of the Metropolis under and in accordance with section 9F of the M278Police Act 1996.
(4)Any appointment of a person as a Commander in the metropolitan police force which is in force immediately before the coming into force of section 320 above shall have effect as from the coming into force of that section as the appointment of that person as a Commander under and in accordance with section 9G of the M279Police Act 1996.
Marginal Citations
After section 9G of the M280Police Act 1996 there shall be inserted—
(1)The ranks that may be held in the metropolitan police force shall be such as may be prescribed by regulations under section 50.
(2)The ranks so prescribed in the case of the metropolitan police force shall include, in addition to the ranks of—
(a)Commissioner of Police of the Metropolis,
(b)Deputy Commissioner of Police of the Metropolis,
(c)Assistant Commissioner of Police of the Metropolis, and
(d)Commander,
those of superintendent, chief inspector, inspector, sergeant and constable.
(3)In the metropolitan police force, appointments and promotions to any rank below that of Commander shall be made in accordance with regulations under section 50 by the Commissioner of Police of the Metropolis.”
Marginal Citations
In section 76 of the M281London Government Act 1963, for subsection (1) (which defines the metropolitan police district so as to include certain areas of Essex, Hertfordshire and Surrey) there shall be substituted—
“(1)The metropolitan police district shall consist of Greater London, excluding the City of London, the Inner Temple and the Middle Temple.”
Marginal Citations
(1)The Commissioner of Police of the Metropolis may, on the application of the chief officer of police of a police force maintained under section 2 of the M282Police Act 1996 for the police area of Essex, Hertfordshire or Surrey, provide for that force constables from the metropolitan police force.
(2)An application under subsection (1) above may only be made for the purpose of, or otherwise in connection with, meeting the demands placed, or reasonably expected to be placed, on the resources of the police force in question in consequence of the change effected as a result of section 323 above in the police area for which that force is maintained.
(3)While a constable is provided under this section for a police force, he shall be under the direction and control of the chief officer of police of that force, notwithstanding section 9A(1) of the M283Police Act 1996 (metropolitan police force to be under the direction and control of the Commissioner) or any other enactment relating to the direction or control of the metropolitan police force.
(4)The police authority maintaining a police force for which constables are provided under this section shall pay to the police authority maintaining the metropolitan police force such contribution as may be agreed upon between those authorities or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.
(5)This section is without prejudice to any other power of a chief officer of police to provide constables or other assistance to another police force.
(6)Expressions used in this section and in the M284Police Act 1996 have the same meaning in this section as they have in that Act.
Schedule 27 to this Act (which makes further amendments relating to the metropolitan police etc) shall have effect.
Commencement Information
I63S. 325 partly in force; s. 325 not in force at Royal Assent see s. 425(2); s. 325 in force for specified purposes at 1.1.2000 and 1.4.2000 by S.I. 1999/3271, art. 3(b), 4(b) and in force for specified purposes (3.7.2000) by S.I. 2000/1648, art. 2, Sch.
Textual Amendments
F488S. 326 repealed (1.4.2001) by 2000 c. 43, s. 75, Sch. 8; S.I. 2001/919, art. 2(g), table
(1)When the Secretary of State is satisfied that—
(a)provision has been made such that no statutory functions remain, or are to remain, exercisable by the Receiver (whether as a consequence of provision made by or under this Act, the M285Access to Justice Act 1999 or any other enactment whenever passed), and
(b)provision has been made for the transfer of all property, rights and liabilities of the Receiver (whether under Part XII below or by or under the Access to Justice Act 1999 or any other enactment whenever passed),
the Secretary of State may by order provide for the abolition of the office of the Receiver.
(2)In subsection (1) above references to the Receiver are references to the Receiver for the Metropolitan Police District.
Commencement Information
I64S.327 partly in force: s.327 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2)
Marginal Citations
Textual Amendments
F489Pt. 6A inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 for the insertion of ss. 327A(1)-(3)(7)(8), 327B-327D, 327F, 327H(1)(2)(b)(3)-(12)(13)(b), 22.3.2018 for the insertion of s. 327A(4) for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 10; S.I. 2018/227, regs. 2(b)(ii), 3(1)(b)(c)(2), 4(c)
(1)There is to be a London Fire Commissioner.
(2)The London Fire Commissioner is a corporation sole.
(3)The Mayor is to appoint the London Fire Commissioner.
(4)The London Fire Commissioner has—
(a)the functions of the fire and rescue authority for Greater London under the Fire and Rescue Services Act 2004, and
(b)the other functions conferred on the Commissioner by or by virtue of any other enactment.
(5)The London Fire Commissioner must secure that the London Fire and Rescue Service is efficient and effective.
(6)In subsection (5) “the London Fire and Rescue Service” means the personnel, services and equipment secured by the London Fire Commissioner for the purposes of the carrying out of the Commissioner's functions under—
(a)section 6 of the Fire and Rescue Services Act 2004 (fire safety),
(b)section 7 of that Act (fire-fighting),
(c)section 8 of that Act (road traffic accidents),
(d)any order under section 9 of that Act (emergencies) which applies to the Commissioner, or
(e)any other provision of or made under an enactment which confers functions on a fire and rescue authority.
(7)The Mayor must hold the London Fire Commissioner to account for the exercise of the Commissioner's functions.
(8)Schedule 27A makes further provision about the London Fire Commissioner.
(1)A person may not be appointed as the London Fire Commissioner unless the person has reached the age of 18.
(2)A person is disqualified from being appointed as, or being, the London Fire Commissioner if the person is a member of the Assembly or a London borough council.
(3)A person is disqualified from being appointed as, or being, the London Fire Commissioner if—
(a)the person is the subject of—
(i)a debt relief restrictions order under paragraph 1 of Schedule 4ZB to the Insolvency Act 1986,
(ii)an interim debt relief restrictions order under paragraph 5 of that Schedule,
(iii)a bankruptcy restrictions order under paragraph 1 of Schedule 4A to that Act, or
(iv)a bankruptcy restrictions interim order under paragraph 5 of that Schedule,
(b)a debt relief restrictions undertaking has effect in respect of the person under paragraph 7 of Schedule 4ZB to that Act,
(c)the person has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any imprisonable offence (whether or not sentenced to a term of imprisonment in respect of the offence), or
(d)the person is incapable of being elected as a member of the House of Commons, or is required to vacate a seat in the House of Commons, under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices).
(4)For the purposes of subsection (3)(c) “an imprisonable offence” means an offence—
(a)for which a person who has reached the age of 18 may be sentenced to a term of imprisonment, or
(b)for which, in the case of such a person, the sentence is fixed by law as life imprisonment.
(5)For the purposes of subsection (3)(c) a person is to be treated as having been convicted—
(a)on the expiry of the ordinary period allowed for an appeal or application in respect of the conviction, or
(b)if an appeal or application is made in respect of the conviction, when the appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution.
(1)The Mayor may with the approval of the Secretary of State suspend the London Fire Commissioner from duty.
(2)If the Mayor suspends the London Fire Commissioner from duty, the Mayor must notify the Secretary of State of the suspension.
(3)The Mayor may, subject to subsections (5) and (6), and with the approval of the Secretary of State, call upon the London Fire Commissioner to resign or retire.
(4)The London Fire Commissioner must resign or retire if called upon to do so in accordance with subsection (3).
(5)Before calling upon the London Fire Commissioner to resign or retire, the Mayor must—
(a)give the Commissioner a written explanation of the reasons why the Mayor is proposing to call for the Commissioner's resignation or retirement,
(b)give the Commissioner the opportunity to make written representations about the proposal to call for the Commissioner's resignation or retirement, and
(c)consider any written representations made by the Commissioner.
(6)The Mayor must comply with subsection (5) before seeking the approval of the Secretary of State to call upon the London Fire Commissioner to resign or retire.
(1)The Mayor may issue to the London Fire Commissioner—
(a)guidance as to the manner in which the Commissioner is to exercise the Commissioner's functions,
(b)general directions as to the manner in which the Commissioner is to exercise the Commissioner's functions, or
(c)specific directions as to the exercise of the Commissioner's functions.
(2)Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction.
(3)The guidance or directions which may be issued by the Mayor under subsection (1) above include guidance or directions as to the manner in which the London Fire Commissioner—
(a)is to perform any of the Commissioner's duties, or
(b)is to conduct any legal proceedings.
(4)In exercising any power conferred by this section, the Mayor must have regard to—
(a)the Fire and Rescue National Framework, and
(b)fire safety enforcement guidance.
(5)In this section—
“the Fire and Rescue National Framework” means the Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004;
“fire safety enforcement guidance” means guidance under article 26 (enforcement) of the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) given by the Secretary of State to the London Fire Commissioner in the Commissioner's capacity as an enforcing authority for the purposes of that Order.
(1)This section applies if the Secretary of State thinks that any guidance or directions (“the inconsistent guidance or directions”) issued under section 327D by the Mayor are inconsistent with—
(a)the Fire and Rescue National Framework, or
(b)fire safety enforcement guidance.
(2)In order to remove the inconsistency, the Secretary of State may direct the Mayor—
(a)to make such revisions of the inconsistent guidance or directions as may be specified by the Secretary of State in the direction, or
(b)if the inconsistency arises from a specific direction under section 327D(1)(c) above, to revoke the direction.
(3)Any direction given by the Secretary of State under subsection (2) above must specify or otherwise identify the inconsistency in question.
(4)The Mayor must comply with any direction under subsection (2) above.
(5)In this section “the Fire and Rescue National Framework” and “fire safety enforcement guidance” have the same meanings as in section 327D.
(1)The Mayor may arrange for the Deputy Mayor for Fire to exercise any function of the Mayor relating to fire and rescue.
(2)In this Part “the Deputy Mayor for Fire” means—
(a)a person who has been appointed by the Mayor under section 67(1)(b) as the Deputy Mayor for Fire, or
(b)a person who has been appointed by the Mayor under section 67(1)(b) and designated by the Mayor as the Deputy Mayor for Fire.
(3)In subsection (1) the reference to the functions of the Mayor relating to fire and rescue are to the Mayor's functions under—
(a)section 327A(7) (duty to hold London Fire Commissioner to account), and
(b)section 327D(1) (power to give guidance and directions to the London Fire Commissioner).
(4)Section 327E applies in relation to the exercise of functions under section 327D(1) by the Deputy Mayor for Fire as it applies in relation to their exercise by the Mayor.
(1)This section applies to a document which is prepared and published by the London Fire Commissioner in accordance with the Fire and Rescue National Framework and which—
(a)sets out the Commissioner's priorities and objectives, for the period covered by the document, in connection with the discharge of the Commissioner's functions, or
(b)contains a statement of the way in which the Commissioner has had regard, in the period covered by the document, to the Framework and to any document within paragraph (a) prepared by the Commissioner for that period.
(2)The Commissioner must, before publishing the document or any revision to it, send a copy of the document or revision in draft to the Mayor and the Assembly.
(3)The Commissioner may not publish the document or any revision to it unless—
(a)the Assembly has had an opportunity to review the draft document or revision, and make a report on it to the Mayor, under section 327I(1), and
(b)the Mayor has approved the draft document or revision.
(4)In this section “the Fire and Rescue National Framework” has the same meaning as in section 327D.
(1)The Assembly must arrange for the functions referred to in subsection (2) to be discharged on its behalf by a particular committee of the Assembly (“the fire and emergency committee”).
(2)Those functions (“the fire and emergency committee functions”) are—
(a)the functions conferred on the Assembly by section 327I, and
(b)the functions conferred on the Assembly by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire.
(3)The Assembly may not arrange for the fire and emergency committee functions to be discharged on its behalf otherwise than in accordance with subsection (1).
(4)The Assembly may not arrange for any of its other functions to be discharged by the fire and emergency committee.
(5)The special scrutiny functions may only be exercised at a meeting of the whole committee; but that is without prejudice to rules of procedure about the quorum of a meeting of the whole committee.
(6)Any provision made by or by virtue of an enactment which applies to committees of the Assembly, apart from the excluded provisions, applies to the fire and emergency committee as if the fire and emergency committee functions were to be discharged by the committee by virtue of arrangements under section 54(1)(a).
(7)In subsection (6) “the excluded provisions” means—
(a)section 54(5), so far as it provides for the Assembly to retain power to exercise functions delegated to a committee, and
(b)section 55 (Assembly committees and sub-committees).
(8)Any provision made by or by virtue of an enactment which confers, or relates to, the fire and emergency committee functions is to be read with the appropriate modifications; in particular—
(a)references to the Assembly are to be read as references to the fire and emergency committee, and
(b)references to proceedings of the Assembly are to be read as references to proceedings of the fire and emergency committee.
(9)For the purposes of subsection (8), references to the fire and emergency committee include references to a sub-committee or member (if any) by whom functions are to be discharged in accordance with section 54(3).
(10)The following provisions apply to the fire and emergency committee—
(a)the number of members of the committee, and their term of office, are to be fixed by the Assembly;
(b)persons who are not members of the Assembly may be members of the committee.
(11)The following provisions apply to any sub-committee by which fire and emergency committee functions are to be discharged—
(a)the number of members of the sub-committee, and their term of office, are to be fixed by the fire and emergency committee;
(b)persons who are not members of the Assembly may be members of the sub-committee.
(12)The fire and emergency committee functions must be exercised with a view to supporting the effective exercise of the functions of the London Fire Commissioner.
(13)In this section “special scrutiny functions” means the functions conferred—
(a)by section 327I(1), or
(b)by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire.
(1)The Assembly must—
(a)review any draft document or revision given to the Assembly by the London Fire Commissioner under section 327G(2), and
(b)make a report or recommendations on the draft document or revision to the Mayor.
(2)The Assembly must keep under review the exercise of the functions of the London Fire Commissioner, insofar as the Assembly is not otherwise required to do so by the other provisions of this section or by Schedule 4A.
(3)For the purposes of subsection (2), the powers of the Assembly include, in particular, power to investigate, and prepare reports about—
(a)any actions and decisions of the London Fire Commissioner,
(b)any actions and decisions of an officer of the London Fire Commissioner,
(c)matters relating to the functions of the London Fire Commissioner,
(d)matters in relation to which the functions of the London Fire Commissioner are exercisable, or
(e)any other matters which the Assembly considers to be of importance to fire and rescue services in Greater London.
(4)The Assembly may investigate, and prepare reports about, the actions and decisions of the Deputy Mayor for Fire.
(5)The Assembly may submit proposals to the London Fire Commissioner.
(6)The Assembly may require a person referred to in subsection (7)—
(a)to attend proceedings of the Assembly for the purpose of giving evidence, or
(b)to produce to the Assembly documents in the person's possession or under the person's control.
(7)Those persons are—
(a)the Deputy Mayor for Fire,
(b)the London Fire Commissioner,
(c)any officer of the London Fire Commissioner,
(d)any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (6) been the Deputy Mayor for Fire or the London Fire Commissioner.
(8)Nothing in subsection (6) requires an officer of the London Fire Commissioner to give any evidence, or produce any document, which discloses advice given to the London Fire Commissioner by that officer.
(9)The following provisions apply (with appropriate modifications) to a requirement under subsection (6) as they apply to a requirement under section 61(1)—
(a)section 61(14) (meaning of document etc);
(b)section 62(3) to (6) (procedure for requiring attendance);
(c)section 63 (restriction of information);
(d)section 64 (failure to attend proceedings);
(e)section 65 (openness).]
Textual Amendments
F490Pt. 7 omitted (E.W.) (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 11(1) (with Sch. 2 para. 11(2)(3)); S.I. 2018/227, reg. 4(c)
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Textual Amendments
F491Pt. 7A inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(4), 59(5)
F492Words in Pt. 7A heading inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(2), 240(2); S.I. 2012/57, art. 4(1)(v) (with arts. 6, 7, 9-11)
Textual Amendments
F493Ss. 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)
(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—
laid out as a public garden,
used for the purposes of public recreation, or
a disused burial ground.
[F495(1)Schedule 3 to the Housing and Regeneration Act 2008 (powers in relation to land acquired by 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 [F496, and]
F497(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
[F498(5)In this section references to the Authority include a company or body through which the Authority exercises functions in relation to housing or regeneration.
(6)Subsection (5) does not affect the application of Parts 3 and 4 of Schedule 4 to the Housing and Regeneration Act 2008—
(a)in relation to the acquisition of land by the Authority under this Part, or
(b)in relation to land in respect of which functions of the Authority relating to housing or regeneration are being or have been exercised.]
Textual Amendments
F494Words in s. 333ZB heading omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 12(4); S.I. 2016/733, reg. 3(m) (with reg. 10)
F495S. 333ZB(1) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 12(2); S.I. 2016/733, reg. 3(m) (with reg. 10)
F496Word in s. 333ZB(2)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 12(3)(a); S.I. 2016/733, reg. 3(m) (with reg. 10)
F497S. 333ZB(2)(aa) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 12(3)(b); S.I. 2016/733, reg. 3(m) (with reg. 10)
(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.
Modifications etc. (not altering text)
C155S. 333ZC excluded (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 35(1) (with art. 35(3))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F499S. 333ZD omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 25; S.I. 2016/733, reg. 3(h) (with reg. 6)
(1)Subject to subsection (2), sections 31 to 36 of the Housing and Regeneration Act 2008 (social housing functions) apply in relation to the Authority as they apply in relation to the Homes and Communities Agency.
(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)the definition of “social housing assistance” in section 32(13) is to be read as if the reference to financial assistance given under section 19 of that Act were to financial assistance given by the Authority,
(c)section 34 is to be read as if subsection (1) were omitted, and
(d)section 35(1) is to be read as if the reference to section 19 of the Housing and Regeneration Act 2008 were omitted and as if the reference in paragraph (b) to a dwelling in England outside Greater London were to a dwelling in Greater London.
(3)Sums received by the Authority in respect of repayments of grants made by it for the purposes of social housing are to be used by it for those purposes.
(1)The Authority must, in the exercise of its housing and regeneration functions, co-operate with the Regulator of Social Housing (referred to in this Part as “the Regulator”).
(2)In particular, the Authority must consult the Regulator on matters likely to interest the Regulator in the exercise of its social housing functions.
(3)The Regulator must, in the exercise of its social housing functions, co-operate with the Authority.
(4)In particular, the Regulator must consult the Authority on matters likely to interest the Authority in the exercise of its housing and regeneration functions.
(1)The Regulator may direct the Authority not to give financial assistance in connection with social housing to a specified registered provider of social housing.
(2)A direction may be given if—
(a)the Regulator has decided to hold an inquiry into affairs of the registered provider of social housing under section 206 of the Housing and Regeneration Act 2008 (and the inquiry is not concluded),
[F500(b)an event mentioned in section 145(2) of that Act has occurred in relation to the registered provider of social housing,] or
(c)the Regulator has appointed an officer of the registered provider of social housing under section 269 of that Act (and the person appointed has not vacated office).
(3)A direction may prohibit the Authority from giving assistance of a specified kind (whether or not in pursuance of a decision already taken and communicated to the registered provider of social housing).
(4)A direction may not prohibit grants to a registered provider of social housing in respect of discounts given by the provider on disposals of dwellings to tenants.
(5)A direction has effect until withdrawn.
(6)In this section the following terms have the same meaning as in Part 2 of the Housing and Regeneration Act 2008—
“disposal” (see section 273 of that Act);
“dwelling” (see section 275 of that Act);
“tenant” (see section 275 of that Act).
Textual Amendments
F500S. 333ZG(2)(b) substituted (1.4.2024) by The Social Housing (Regulation) Act 2023 (Consequential and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/399), reg. 1(9), Sch. 1 para. 2; S.I. 2024/437 reg. 2(e)
(1)Subsection (2) applies if the Authority is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation.
(2)The Authority must consult the Regulator about the proposals.
(3)The Authority must notify the Regulator at least 14 days before exercising, in relation to a registered provider of social housing, any of the powers conferred by section 32(2) to (4) of the Housing and Regeneration Act 2008 (recovery etc of social housing assistance).
(4)The Authority must consult the Regulator before making a general determination under section 32 or 33 of the Housing and Regeneration Act 2008.
(5)For the purposes of this section a person provides low cost home ownership accommodation if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost home ownership accommodation or ensures such acquisition, construction or conversion by another.
(6)In this section “low cost home ownership accommodation” has the meaning given by section 70 of the Housing and Regeneration Act 2008.
(1)The Authority may do in relation to any property, rights or liabilities, or any undertaking, to which this section applies anything that the Commission for the New Towns or (as the case may be) an urban development corporation could do in relation to the property, rights or liabilities or the undertaking.
(2)This section applies to—
(a)any property, rights or liabilities that—
(i)have been or are to be transferred to the Authority from the Homes and Communities Agency by virtue of section 190 of the Localism Act 2011, and
(ii)were transferred to the Homes and Communities Agency from the Commission for the New Towns by virtue of section 51 of and Schedule 6 to the Housing and Regeneration Act 2008,
(b)an undertaking, or part of an undertaking, of an urban development corporation that has been or is to be transferred to the Authority by virtue of an agreement under section 165 of the Local Government, Planning and Land Act 1980,
(c)any property, rights or liabilities of an urban development corporation that have been or are to be transferred to the Authority by virtue of an order under section 165B of the Local Government, Planning and Land Act 1980, and
(d)any property, rights or liabilities that—
(i)have been or are to be transferred to the Authority from the Homes and Communities Agency by virtue of section 190 of the Localism Act 2011, and
(ii)were transferred to the Homes and Communities Agency from an urban development corporation by virtue of an order under section 165B of the Local Government, Planning and Land Act 1980.
(3)In any enactment (whenever passed or made) references to the Authority's new towns and urban development functions are to its functions in relation to any property, rights or liabilities, or any undertaking, to which this section applies (whether exercisable by virtue of this section or otherwise).
(4)In subsection (3) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
(1)The Secretary of State may pay to the Authority grants of such amounts as the Secretary of State may, with the Treasury's consent, determine in respect of the exercise of the Authority's functions relating to housing and regeneration.
(2)A grant under this section may be paid at such times, or in such instalments at such times, as the Secretary of State may, with the Treasury's consent, determine.
(3)A grant under this section may be made subject to such conditions as the Secretary of State may determine.
(4)Conditions under subsection (3) may, in particular, include—
(a)provision as to the use of the grant;
(b)provision as to the use of any funds generated by activities funded by the grant;
(c)provision as to the circumstances in which the whole or part of the grant must be repaid.]
Textual Amendments
F501S. 333A cross-heading inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(1), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)
(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 [F502proposals] for the relevant period.
(3)The Mayor's spending [F503proposals] 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 [F504Authority];
[F505(b)proposals as to the exercise by the Authority of its functions of giving housing financial assistance (see subsection (4) below);]
(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.
[F506(4)Proposals under subsection (3)(b) above may include—
(a)proposals as to the amount of housing financial assistance to be given for different activities or purposes;
(b)proposals as to the number, type and location of houses to be provided by means of 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 [F507 Homes and Communities Agency ];
[F508(ab)the Regulator of Social Housing;]
(b)such bodies as appear to him to be representative of [F509private 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;
[F510“housing financial assistance” means financial assistance given [F511by the Authority] in connection with the provision of housing accommodation;]
“local housing authority” has the same meaning as in section 1 of the Housing Act 1985;
[F512“provide”, in relation to houses or housing accommodation, includes—
provide by way of acquisition, construction, conversion, improvement or repair; and
provide indirectly;]
“region” has the same meaning as in section 1 of the Regional Development Agencies Act 1998;
F513...
“the relevant period” means such period as is specified by the Secretary of State in guidance under subsection (7)(b) above;
F514...
(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
F502Word in s. 333A(2)(d) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(3), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)
F503Word in s. 333A(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(4)(a), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)
F504Word in s. 333A(3)(a) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(4)(b), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)
F505S. 333A(3)(b) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(4)(c), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)
F506S. 333A(4) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(5), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)
F507Words 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)
F508S. 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)
F509Words 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)
F510Words 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)
F511Words in s. 333A(10) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(6), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)
F512Words 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)
F513Words 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)
F514Words 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)
C156S. 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)
C157S. 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)
(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.
(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.
(1) In exercising any function [F516relating to ][F517housing or regeneration, the Authority] 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—
“local housing authority” has the same meaning as in section 333A above.]
Textual Amendments
F515Words in s. 333D heading substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(8), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)
F516Words 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)
F517Words in s. 333D(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(9), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)
F518Words in s. 333D(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 29(6)(b)(i), 115(3)(c)
F519Word in s. 333D(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 29(6)(b)(ii), 115(3)(c)
Modifications etc. (not altering text)
C158S. 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)
(1)The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of a specified public body to—
(a)the Authority, or
(b)a company or body through which the Authority exercises functions in relation to housing or regeneration.
(2)In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State.
(3)On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
(4)The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions.
(5)A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).
(6)In this section—
“designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;
“public body” means a person or body with functions of a public nature.
(7)This section and sections 333DB and 333DC bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to—
(a)Her Majesty in right of the Crown,
(b)Her Majesty in right of Her private estates,
(c)Her Majesty in right of the Duchy of Lancaster, or
(d)the Duchy of Cornwall.
(8)The reference in subsection (7) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.
Textual Amendments
F520Ss. 333DA-333DC inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(6), 57(5)(e)
(1)A transfer scheme may—
(a)create for the transferor interests in, or rights over, property transferred by virtue of the scheme,
(b)create for a transferee interests in, or rights over, property retained by the transferor or transferred to another transferee,
(c)create rights or liabilities between the transferor and a transferee or between transferees.
(2)A transfer scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.
(3)In particular, a transfer scheme may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.
(4)It does not matter whether the provision referred to in subsection (3) has effect under an enactment or an agreement or in any other way.
(5)A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a transfer scheme is conclusive evidence for all purposes of that fact.
(6)A transfer scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.
(7)A transfer by virtue of a transfer scheme does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
(8)Anything which—
(a)is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a transfer scheme, and
(b)is in effect immediately before the transfer date,
is to be treated as done by the transferee.
(9)There may be continued by or in relation to the transferee anything (including legal proceedings)—
(a)which relates to anything transferred by virtue of a transfer scheme, and
(b)which is in the process of being done by or in relation to the transferor immediately before the transfer date.
(10)Subsection (11) applies to any document—
(a)which relates to anything transferred by virtue of a transfer scheme, and
(b)which is in effect immediately before the transfer date.
(11)Any references in the document to the transferor are to be read as references to the transferee.
(12)A transfer scheme may include supplementary, incidental, transitional and consequential provision.
(13)In this section—
“enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;
“transfer scheme” means a transfer scheme under section 333DA;
“transfer date” means a date specified by a transfer scheme as the date on which the scheme is to have effect.
Textual Amendments
F520Ss. 333DA-333DC inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(6), 57(5)(e)
(1)The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—
(a)any property, rights or liabilities transferred in accordance with a transfer scheme, or
(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme.
(2)The provision that may be made under subsection (1)(a) includes, in particular, provision for—
(a)a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;
(b)any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;
(c)the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.
(3)The provision that may be made under subsection (1)(b) includes, in particular, provision for—
(a)a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;
(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way;
(c)the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.
(4)In this section—
“enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;
“relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;
“tax provision” means a provision of an enactment about a relevant tax;
“transfer scheme” means a transfer scheme under section 333DA.
(5)References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme include references to—
(a)the creation of interests, rights or liabilities under the scheme, and
(b)the modification of interests, rights or liabilities under the scheme,
(and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).]
Textual Amendments
F520Ss. 333DA-333DC inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(6), 57(5)(e)
Textual Amendments
F521S. 333E and cross-heading inserted (15.1.2012 for specified purposes, 1.4.2012 so far as not already in force) by Localism Act 2011 (c. 20), ss. 187(4), 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)
In this Part—
“building” means a building or other structure (including a house-boat or caravan);
“caravan” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960;
“housing” means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; and includes a hostel which provides temporary residential accommodation;
“land” includes housing or other buildings (and see also the definition in Schedule 1 to the Interpretation Act 1978);
“the Regulator” has the meaning given by section 333ZF(1);
“social housing” (except as part of the expression “social housing functions”) has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see section 68 of that Act).]
Textual Amendments
F522Pt. 7B inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 192(2), 240(2); S.I. 2012/1008, art. 3(b) (with arts. 7, 9-11)
(1)The Mayor shall prepare and publish a document to be known as the “Economic development strategy for London”.
(2)The Economic development strategy for London is to contain—
(a)the Mayor's assessment of the economic conditions of Greater London, and
(b)the Mayor's policies and proposals for the economic development and regeneration of Greater London, including the Mayor's strategy for—
(i)promoting business efficiency, investment and competitiveness in Greater London,
(ii)promoting employment in Greater London, and
(iii)enhancing the development of skills relevant to employment in Greater London.
The references in this subsection to Greater London include its rural parts as well as its non-rural parts.
(3)In preparing or revising the Economic development strategy for London the Mayor must consult—
(a)such persons as appear to the Mayor to represent employers in Greater London, and
(b)such persons as appear to the Mayor to represent employees in Greater London.
(4)Each of the functional bodies must in the exercise of any function have regard to the Economic development strategy for London.
(5)The Secretary of State may give guidance to the Mayor about the exercise of the Mayor's functions in relation to the Economic development strategy for London with respect to—
(a)the matters to be covered by that strategy or that strategy as revised, and
(b)the issues to be taken into account in preparing or revising that strategy.
(6)The issues mentioned in subsection (5)(b) above include issues relating to any one or more of the following—
(a)Greater London,
(b)any area of England outside Greater London, and
(c)any part of the United Kingdom outside England.
(7)The Mayor is to have regard to any guidance given under subsection (5) above.
(8)Where the Secretary of State considers—
(a)that the Economic development strategy for London (or any part of it) is inconsistent with national policies, or
(b)that the Economic development strategy for London or its implementation is having, or is likely to have, a detrimental effect on any area outside Greater London,
the Secretary of State may direct the Mayor to make such revisions of the strategy as may be specified in the direction in order to remove the inconsistency or, as the case may be, the detrimental effect or likely detrimental effect.
(9)Where the Secretary of State gives the Mayor a direction under subsection (8) above, the Mayor must revise the Economic development strategy for London in accordance with the direction.
(10)Where the Mayor revises the Economic development strategy for London in accordance with subsection (9) above, subsection (3) above and section 42 above do not apply.
(11)For the purposes of subsection (8) above “national policies” are 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.]
Modifications etc. (not altering text)
C159Pt. 8 applied (with modifications) (E.W.) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 4(2), Sch. 1 Pt. 1
C160Pt. 8 applied (with modifications) (E.W.) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 4(2), Sch. 1 Pt. 1
C161Pt. 8 applied (with modifications) (E.W.) (8.5.2018) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(5), 11(2), Sch. 2 Pt. 1
C162Pt. 8 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 38(2), Sch. 5 Pt. 1 (with art. 9)
(1)The Mayor shall prepare and publish a document to be known as the “spatial development strategy”.
(2)The spatial development strategy must include a statement formulating the Mayor’s strategy for spatial development in Greater London.
(3)For the purposes of this Part, the Mayor’s strategy for spatial development includes his general policies in respect of the development and use of land in Greater London.
(4)The spatial development strategy must include statements dealing with the general spatial development aspects of—
(a)such of the other strategies prepared and published, or to be prepared and published, under the enactments mentioned in section 41(1) above as involve considerations of spatial development, and
(b)such of the Mayor’s other policies or proposals as involve such considerations,
whether or not the strategy, policy or proposal relates to the development or use of land.
(5)The spatial development strategy must deal only with matters which are of strategic importance to Greater London.
(6)In determining for the purposes of this Part whether a matter is of strategic importance to Greater London, it is immaterial whether or not the matter affects the whole area of Greater London.
(7)The spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed by regulations under section 343 below.
(8)The spatial development strategy may make different provision for different cases or for different parts of Greater London.
F523(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F523(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F523(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)[F524Before] determining the contents of the spatial development strategy, the Mayor shall—
(a)prepare a draft of his proposed spatial development strategy;
(b)make copies available for inspection at such places as may be prescribed by regulations under section 343 below;
(c)send a copy to each of the bodies and persons specified in subsection (3) below;
(d)comply with any requirements imposed by regulations under section 343 below; and
(e)consider any representations made in accordance with the regulations.
(3)The bodies and persons mentioned in subsection (2)(c) above are—
(a)the Secretary of State;
[F525(aa)the Assembly and the functional bodies;]
(b)every London borough council;
(c)the council of any county or district whose area adjoins Greater London and is affected by the proposed spatial development strategy;
(d)such other persons or bodies as may be prescribed by regulations under section 343 below; and
(e)any other body to which, or person to whom, the Mayor considers it appropriate to send a copy.
(4)In determining the bodies to which or persons to whom it is appropriate to send a copy of the strategy under subsection (3)(e) above (if any), the bodies to which and the persons to whom the Mayor considers sending a copy must include bodies of each of the descriptions specified in section 32(3) above.
(5)Each copy made available for inspection or sent under subsection (2) above shall be accompanied by a statement of the prescribed period within which representations may be made to the Mayor.
(6)The persons who may make representations in accordance with the regulations include, in particular, the bodies and persons specified in subsection (3) above.
(7)In this Part “representations made in accordance with the regulations” means representations made—
(a)in accordance with regulations made under section 343 below; and
(b)within the prescribed period.
(8)In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations made under section 343 below.
Textual Amendments
F523S. 335(1)-(1B) repealed (3.5.2012) by Localism Act 2011 (c. 20), ss. 228(2)(a), 240(2), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(c)(f) (with arts. 7, 9-11)
F524Word in s. 335(2) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 228(2)(b), 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)
F525S. 335(3)(aa) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 228(2)(c), 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)
Commencement Information
I65S.335 wholly in force at 3.7.2000: s.335 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2); s. 335 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)The proposed spatial development strategy prepared under section 335(2)(a) above may be withdrawn by the Mayor at any time before he publishes the spatial development strategy.
(2)On the withdrawal of the proposed spatial development strategy, the Mayor shall—
(a)withdraw the copies made available for inspection in accordance with section 335 above; and
(b)give notice that the proposed spatial development strategy has been withdrawn to every body or person falling within subsection (3) below.
(3)Those bodies and persons are—
(a)the Assembly;
(b)each of the functional bodies;
(c)each of the bodies and persons specified in section 335(3) above; and
(d)every body which, or person who, made representations in accordance with the regulations.
(4)This section does not affect the duty to prepare and publish a spatial development strategy in accordance with the provisions of this Part.
(1)Subject to the following provisions of this section, the Mayor may publish the spatial development strategy.
(2)The spatial development strategy published by the Mayor must be in the form of the proposed spatial development strategy under section 335(2)(a) above, either as originally prepared or as modified to take account of—
(a)any representations made in accordance with the regulations;
(b)any direction given under subsection (7) below and not withdrawn;
(c)any report made under section 338 below by a person conducting an examination in public; or
(d)any other material considerations.
(3)Subsection (2) above is subject to the following provisions of this section.
(4)The spatial development strategy must not be published by the Mayor until after—
(a)he has considered any representations made in accordance with the regulations, or
(b)if no such representations are made, the expiry of the prescribed period,
and, in either case, if an examination in public is to be held under section 338 below, must not be published until after the report of the person or persons conducting the examination in public has been made to the Mayor.
(5)The provision that may be made by regulations under section 343 below includes provision prohibiting publication of the spatial development strategy until such further procedures as may be prescribed have been complied with.
(6)If at any time it appears to the Secretary of State that it is expedient to do so for the purpose of avoiding—
(a)any inconsistency with current national policies or [F526relevant [F527regional] planning guidance] [F526the regional spatial strategy for a region which adjoins Greater London], or
(b)any detriment to the interests of an area outside Greater London,
he may, at any time before the Mayor has published the spatial development strategy, give the Mayor a direction under subsection (7) below.
(7)A direction under this subsection is a direction to the Mayor not to publish the spatial development strategy except in a form which includes modifications to the proposed spatial development strategy in such respects as are indicated in the direction, in order to—
(a)remove the inconsistency mentioned in subsection (6)(a) above; or
(b)avoid the detriment mentioned in subsection (6)(b) above.
(8)Where a direction under subsection (7) above is given to the Mayor, the Mayor must not publish the spatial development strategy unless—
(a)he satisfies the Secretary of State that he has made the modifications necessary to conform with the direction; or
(b)the direction is withdrawn.
(9)Subject to the following provisions of this Part, the spatial development strategy shall become operative on the date on which it is published by the Mayor.
[F528(10)For the purposes of this section “relevant regional planning guidance” means any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London.]
(11)In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations made under section 343 below.
Textual Amendments
F526Words in s. 337 substituted (28.9.2004 for E.) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 22(2)(a) (with s. 111); S.I. 2004/2202, art. 2(i)
F527Word in s. 337(6)(a) inserted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. 1 Pt. I para. 8
F528S. 337(10) omitted (28.9.2004 for E.) by virtue of Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 22(2)(b) (with s. 111); S.I. 2004/2202, art. 2(i)
Commencement Information
I66S. 337 wholly in force at 3.7.2000: s. 337 in force at Royal Assent (11.11.1999) for certain purposes see s.425(2); s. 337 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
(1)Before publishing the spatial development strategy, the Mayor shall, unless the Secretary of State otherwise directs, cause an examination in public to be held.
(2)The following provisions of this section have effect in relation to an examination in public under subsection (1) above.
(3)An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.
(4)The matters examined at an examination in public shall be such matters affecting the consideration of the spatial development strategy as the person or persons conducting the examination in public may consider ought to be so examined.
(5)The person or persons conducting an examination in public shall make a report to the Mayor.
(6)No person shall have a right to be heard at an examination in public.
(7)The following may take part in an examination in public—
(a)the Mayor; and
(b)any person invited to do so by the person or persons conducting the examination in public.
(8)The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at an examination in public.
(9)The Authority shall defray—
(a)the fees and expenses of the person appointed to conduct an examination in public; and
(b)any other costs of holding an examination in public.
F529(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F529S. 338(10) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 19
Commencement Information
I67S.338 wholly in force at 3.7.2000: s. 338 in force at 11.11.1999 for certain purposes see s. 425(2); s. 338 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
(1)The Mayor shall keep under review the matters which may be expected to affect the development of Greater London or the planning of its development or which are otherwise relevant to the content of the spatial development strategy.
(2)For the purpose of discharging his functions under subsection (1) above of keeping under review any matters relating to the area of a local planning authority outside Greater London, the Mayor shall consult that local planning authority about those matters.
(1)It shall be the duty of the Mayor to review the spatial development strategy from time to time.
(2)If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, review the spatial development strategy or such part of it as may be specified in the direction.
(1)The Mayor may at any time prepare and publish—
(a)alterations of the spatial development strategy, or
(b)a new spatial development strategy to replace it.
(2)If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, prepare and publish—
(a)such alterations of the spatial development strategy as the Secretary of State directs; or
(b)a new spatial development strategy to replace it.
(3)This Part (other than section 334(1) above) shall apply in relation to the preparation and publication of—
(a)alterations of the spatial development strategy, or
(b)a new spatial development strategy to replace it,
as it applies in relation to the preparation and publication of the spatial development strategy (and shall apply in relation to the altered or new spatial development strategy as it applies in relation to the spatial development strategy).
(4)In this Act, references to the spatial development strategy include, except where the context otherwise requires, a reference to—
(a)the spatial development strategy as altered; or
(b)a new spatial development strategy which replaces a previous spatial development strategy.
(1)In exercising his functions under the preceding provisions of this Part, the Mayor shall have regard to—
[F530(a)any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London; and ]
[F530(a)the [F531regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009] for a region which adjoins Greater London;]
(b)such other matters as the Secretary of State may prescribe.
(2)The matters to which the Mayor is to have regard by virtue of subsection (1) above are in addition to the matters to which he is to have regard by virtue of section 41(4) above.
Textual Amendments
F530S. 342(1)(a) substituted (28.9.2004 for E.) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 22(3) (with s. 111); S.I. 2004/2202, art. 2(i)
F531Words in s. 342(1)(a) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 10; S.I. 2009/3318, art. 4(gg)
Commencement Information
I68S. 342 wholly in force at 3.7.2000: s. 342 in force at 11.11.1999 for certain purposes see s. 425(2); s. 342 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
(1)Without prejudice to any other provision of this Part, the Secretary of State may make regulations with respect to all or any of the following—
(a)the form and content of the spatial development strategy;
(b)the documents (if any) which he requires to accompany the spatial development strategy;
(c)the procedure to be followed in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy or in connection with any review under section 339 above.
(2)Regulations under this Part may make different provision for different parts of Greater London.
Modifications etc. (not altering text)
C163S. 343 applied (E.W.) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 4(3)
C164S. 343 applied (with modifications) (E.W.) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 4(3)
C165S. 343 applied (E.W.) (8.5.2018) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(5), 11(3)
C166S. 343 applied (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 38(3) (with art. 9)
Commencement Information
I69S.343 wholly in force at 3.7.2000: s.343 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2); s. 343 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)The M286Town and Country Planning Act 1990 shall be amended as follows.
(2)In section 12 (preparation of unitary development plan) after subsection (3B) there shall be inserted—
“(3C)In the case of a London borough, Part I of the unitary development plan shall be in general conformity with the spatial development strategy for the time being in force.”
(3)In subsection (7) of that section (Part II to be in general conformity with Part I) after “Part I” there shall be inserted “ and, in the case of a London borough council, with the spatial development strategy ”.
(4)In section 13 (public participation) after subsection (1) there shall be inserted—
“(1A)Where the local planning authority for a London borough have prepared a unitary development plan, they shall, before complying with subsection (2), make an application in accordance with regulations under section 26 to the Mayor of London for his written opinion whether the unitary development plan is in general conformity with the spatial development strategy.”
(5)After subsection (5) of that section there shall be inserted—
“(5A)If, on an application under subsection (1A), the opinion given by the Mayor of London in accordance with regulations under section 26 is that the unitary development plan is not in general conformity with the spatial development strategy, the giving of the opinion shall be treated as the making by the Mayor of objections in accordance with the regulations.”
(6)In section 15 (adoption of unitary development plan by local planning authority) after subsection (2) there shall be inserted—
“(2A)A unitary development plan shall not be adopted by a London borough council unless Parts I and II of the plan are in general conformity with the spatial development strategy.”
(7)After section 21 there shall be inserted—
(1)Where—
(a)a local planning authority in Greater London propose to make, alter or replace a unitary development plan;
(b)copies of proposed alterations of, or of a proposed new spatial development strategy to replace, the spatial development strategy have been made available for inspection under section 335(2) of the Greater London Authority Act 1999; and
(c)the local planning authority include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption,
the permitted assumption shall, subject to subsection (4), be made for all purposes (including in particular any question as to conformity between the plan and the spatial development strategy).
(2)In this section “the permitted assumption” means the assumption that—
(a)the proposed alterations or new spatial development strategy mentioned in subsection (1)(b); or
(b)if any proposed modifications to those proposed alterations or that new spatial development strategy have been published in accordance with regulations made under section 343 of the Greater London Authority Act 1999, the proposed alterations or spatial development strategy as so modified,
have become operative under section 337(9) of that Act.
(3)For the purposes of subsection (1)(c) a copy is a relevant copy of a plan or proposals if it is served on the Greater London Authority.
(4)The permitted assumption shall not be made at any time after the local planning authority know that the proposed alterations or new spatial development strategy mentioned in subsection (1)(b) have been withdrawn. ””
(8)In section 26 (regulations and directions) in subsection (2), after paragraph (b) there shall be inserted—
“(bb)make provision with respect to the making of an application to the Mayor of London for a written opinion under section 13(1A) and the giving by him of such an opinion (including provision as to the time within which such an application or opinion must be made or given);”.
(9)In section 74 (directions etc as to method of dealing with applications) after subsection (1A) there shall be inserted—
“(1B)Provision may be made by a development order—
(a)for enabling the Mayor of London in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for a London borough to refuse an application for planning permission of a prescribed description in any particular case;
(b)for prohibiting a local planning authority to which any such direction is given from implementing the direction in prescribed circumstances or during prescribed periods; and
(c)for modifying any provision of this Act relating to an appeal against a refusal of planning permission (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with such a direction;
and in the preceding provisions of this subsection “prescribed” means prescribed by, or by directions made under, a development order.
(1C)In determining whether to exercise any power under subsection (1B) to direct a local planning authority to refuse an application, the Mayor of London shall have regard to—
(a)the development plan, and
(b)the spatial development strategy prepared and published under Part VIII of the Greater London Authority Act 1999,
so far as material to the application.”
(10)In section 336 (interpretation) the following definition shall be inserted at the appropriate place in subsection (1)—
““spatial development strategy” shall be construed in accordance with Part VIII of the Greater London Authority Act 1999 (planning);”.
After section 322A of the M287Town and Country Planning Act 1990 there shall be inserted—
(1)This section applies where—
(a)the local planning authority for a London borough refuse an application for planning permission,
(b)that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and
(c)an appeal against the refusal is made to the Secretary of State under section 78.
(2)If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if—
(a)for subsection (4) there were substituted the subsection set out at subsection (5) below, and
(b)for subsection (5) there were substituted the subsection set out at subsection (6) below.
(3)If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
(4)If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
(5)The subsection referred to in subsection (2)(a) above is as follows—
“( )Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry shall be paid—
(a)by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission, or
(b)if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct;
and the Secretary of State may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt. ”
(6)The subsection referred to in subsection (2)(b) above is as follows—
“( )Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and—
(a)the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission;
(b)every such order may be made a rule of the High Court on the application of any party named in the order. ”
(7)In this section “the 1972 Act” means the Local Government Act 1972.”
It shall be the duty of the Mayor—
(a)to monitor the implementation of the spatial development strategy;
(b)to monitor the [F532unitary development plan] [F532local development documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004)] of each London borough council; and
(c)to monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the spatial development strategy.
Textual Amendments
F532Words in s. 346(b) substituted (28.9.2004 for E.) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 22(4) (with s. 111); S.I. 2004/2202, art. 2(i)
In exercising any function, each of the functional bodies shall have regard to the spatial development strategy[F533, but this is without prejudice to section 24 of the Planning and Compulsory Purchase Act 2004 (which requires certain of a Mayoral development corporation's documents to be in general conformity with the strategy)].
Textual Amendments
F533Words in s. 347 inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 50
(1)The Mayor shall inform—
(a)the local planning authorities for areas in the vicinity of Greater London,
(b)any body on which those authorities are represented, or
(c)any other body which the Mayor considers should be informed,
of his views concerning any matters of common interest, whether general or specific, relating to the planning or development of Greater London or those areas.
(2)The Mayor may also inform those authorities, or any such body, of his views concerning any other matters, whether general or specific, relating to the planning or development of those areas.
(3)The Mayor shall from time to time consult the London borough councils about the exercise of his functions under this section.
(4)The Mayor may make contributions towards defraying the expenses of any body on which the Authority is represented for the purpose of facilitating the discharge of the Mayor’s functions under this section.
The joint planning committee for Greater London established under section 5 of the M288Local Government Act 1985 and continued by section 3 of the M289Town and Country Planning Act 1990 is abolished by this section.
(1)In this Part, except where the context otherwise requires,—
“prescribe” means prescribe by regulations;
“regulations” means regulations made by the Secretary of State;
“representations made in accordance with the regulations” shall be construed in accordance with section 335(7) above.
(2)For the purposes of this Part—
(a)the City of London shall be treated as if it were a London borough;
(b)the Common Council shall be treated as if it were the council for a London borough; and
(c)the Inner Temple and the Middle Temple shall be treated as forming part of the City.
Commencement Information
I70S.350 wholly in force at 3.7.2000: s.350 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2); s. 350 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F534S. 351 repealed (3.5.2012) by Localism Act 2011 (c. 20), ss. 226, 240(2), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(c)(f) (with arts. 7, 9-11)
Textual Amendments
F535Ss. 351A-351C and cross-heading inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 225(1), 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)
(1)The Mayor shall prepare and publish a document to be known as the “London Environment Strategy” (“the Strategy”).
(2)The Strategy must contain a general assessment by the Mayor of the environment in Greater London, so far as relevant to the functions of the Authority or of the Mayor.
(3)The Strategy must contain provisions dealing with the Mayor's policies and proposals in relation to each of the following matters in relation to Greater London—
(a)biodiversity;
(b)municipal waste management;
(c)climate change mitigation and energy;
(d)adaptation to climate change;
(e)air quality; and
(f)ambient noise.
(4)The provisions of the Strategy dealing with a matter specified in a paragraph of subsection (2) must also contain anything required to be included in them by any other provision of this Act.
(5)The Strategy may also include provisions dealing with the Mayor's policies and proposals in relation to any other matter relating to the environment in Greater London.
(6)In preparing or revising the provisions of the Strategy dealing with a matter mentioned in subsection (3), the Mayor's duty under section 42(1)(e) applies as if it were a duty to consult any person or body whom the Mayor considers it appropriate to consult in relation to those provisions (and section 42(2) applies accordingly).
(7)Where the Strategy is revised, the Mayor must publish it as revised.
(8)In this Act references to the London Environment Strategy include, unless the context otherwise requires, a reference to the Strategy as revised.
(1)The Secretary of State may give to the Mayor guidance—
(a)about the content of the London Environment Strategy;
(b)in relation to the preparation or revision of that Strategy.
(2)The guidance that may be given under subsection (1)(a) includes guidance as to matters which the Secretary of State considers the Mayor should, or should not, consider dealing with by formulating policies and proposals under section 351A(5).
(3)The guidance that may be given under subsection (1)(b) includes—
(a)guidance specifying or describing the bodies or persons whom the Secretary of State considers the Mayor should consult in preparing or revising the London Environment Strategy or, as the case may be, the provisions dealing with a matter specified in the guidance;
(b)guidance as to the evidence of environmental change or its consequences, or the predictions of environmental change or its consequences, to which the Secretary of State considers the Mayor should have regard in preparing or revising that Strategy or, as the case may be, the provisions dealing with a matter specified in the guidance.
(4)In preparing or revising the London Environment Strategy the Mayor must have regard to any relevant guidance given under this section.
(1)Where the Secretary of State considers that any of the conditions specified in subsection (2) is satisfied in relation to any provisions of the London Environment Strategy, the Secretary of State may give the Mayor a direction as to the content of those provisions.
(2)The conditions are—
(a)that the provisions are inconsistent with any policies announced by Her Majesty's government with respect to the matters to which they relate and the inconsistency would have a detrimental effect on achieving any of the objectives of those policies;
(b)that the provisions or their implementation are likely to be detrimental to any area outside Greater London;
(c)that the provisions are inconsistent with any EU obligation of the United Kingdom.
(3)A direction under this section may require the Mayor to make specified revisions of the London Environmental Strategy.
(4)The power of the Secretary of State to give a direction under this section may only be exercised after consultation with the Mayor.
(5)Where the Secretary of State gives a direction under this section, the Mayor must comply with the direction.]
F537(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)[F538The provisions of the London Environment Strategy dealing with biodiversity] shall contain information about—
(a)the ecology of Greater London,
(b)the wildlife of Greater London and its habitat,
(c)any proposals for the conservation and promotion by the Mayor of biodiversity within Greater London, which have been agreed between the Mayor and any person or body he [F539has consulted or intends to consult] in relation to [F539those provisions of the London Environment Strategy], and
(d)any commitments as to the conservation and promotion of biodiversity within Greater London made by any person or body who [F540who the Mayor has consulted or intends to consult] in relation to [F540those provisions of the London Environment Strategy].
F541(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In preparing or revising the [F542the provisions of the London Environment Strategy dealing with biodiversity] the Mayor shall also—
(a)have regard to any plans relating to biodiversity prepared by a London borough council or the Common Council, F543...
F543(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F544(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F544(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F536S. 352 heading substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 3(2); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F537S. 352(1) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 3(5), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F538Words in s. 352(2) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 3(3)(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F539Words in s. 352(2)(c) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 3(3)(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F540Words in s. 352(2)(d) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 3(3)(c); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F541S. 352(3) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 3(5), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F542Words in s. 352(4) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 3(4); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F543S. 352(4)(b) and word repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 3(5), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F544S. 352(5)(6) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 3(5), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F546(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The [F547provisions of the London Environment Strategy dealing with municipal waste management] —
(a)shall contain the Mayor’s proposals and policies for the recovery, treatment and disposal of municipal waste, and
(b)may contain such other proposals and policies relating to municipal waste as he considers appropriate.
F548(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F549(3A)In revising the [F550provisions of the London Environment Strategy dealing with municipal waste management] the Mayor is to have regard to any strategies which authorities in Greater London have for the purposes of section 32 of the Waste and Emissions Trading Act 2003 (joint waste management strategies for areas where disposal authority is not also collection authority).]
(4)In preparing or revising the [F551provisions of the London Environment Strategy dealing with municipal waste management] the Mayor shall have regard to—
[F552(a)the national waste management plan;]
[F553(aa)the strategy required by section 17 of the Waste and Emissions Trading Act 2003 (landfill strategy for England),] F554...
F554(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F555(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F555(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F555(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F545S. 353 heading substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(2); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F546S. 353(1) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(4), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F547Words in s. 353(2) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(3); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F548S. 353(3) repealed (1.1.2005) by Waste and Emissions Trading Act 2003 (c. 33), ss. 35(b), 40(1); S.I. 2004/3320, art. 2
F549S. 353(3A) inserted (1.1.2005) by Waste and Emissions Trading Act 2003 (c. 33), ss. 32(12), 40(1); S.I. 2004/3320, art. 2
F550Words in s. 353(3A) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(3); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F551Words in s. 353(4) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(3); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F552S. 353(4)(a) substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 5(2) (with regs. 2, 47(2))
F553S. 353(4)(aa) inserted (E.W.) (20.7.2004) by Waste and Emissions Trading Act 2003 (c. 33), ss. 17(8)(a), 40(1); S.I. 2004/1874, art. 2
F554S. 353(4)(b) and word repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(4), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F555S. 353(5)-(7) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(4), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
(1)Where the Secretary of State considers that [F556the condition] specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the [F557provisions of the London Environment Strategy dealing with municipal waste management].
(2)The conditions mentioned in subsection (1) above are—
F558(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)that a direction about the content of the [F559provisions of the London Environment Strategy dealing with municipal waste management] is required for the purposes of the implementation of the policies contained in the [F560national waste management plan] [F561 or of the policies contained in the strategy required by section 17 of the Waste and Emissions Trading Act 2003 (landfill strategy for England) ].
(3)The power of the Secretary of State to give a direction to the Mayor under subsection (1) above—
(a)may be exercised either generally or specially, and
(b)may only be exercised after consultation with the Mayor.
(4)Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.
Textual Amendments
F556Words in s. 354(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 5(2)(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F557Words in s. 354(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 5(2)(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F558S. 354(2)(a) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 5(3)(a), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F559Words in s. 354(2)(b) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 5(3)(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F560Words in s. 354(2)(b) substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 5(3) (with regs. 2, 47(2))
F561Words in s. 354(2)(b) inserted (E.W.) (20.7.2004) by Waste and Emissions Trading Act 2003 (c. 33), ss. 17(9), 40(1); S.I. 2004/1874, art. 2
F562[(1)]In exercising any function under Part II of the M290Environmental Protection Act 1990 (waste on land)—
(a)each of the waste collection authorities in Greater London, and
(b)each of the waste disposal authorities in Greater London,
shall [F563act in general conformity with] the [F564provisions of the London Environment Strategy dealing with municipal waste management].
[F565(2)Subsection (1) above has effect only to the extent that compliance by an authority with the requirements of that subsection does not impose excessive additional costs on the authority.]
[F566(3)For the purposes of this section, the Secretary of State may issue guidance for determining what is to be regarded as—
(a)acting in general conformity with the [F567provisions of the London Environment Strategy dealing with municipal waste management], or
(b)imposing excessive additional costs on an authority.
(4)In discharging the duties imposed upon it by subsection (1) above (as read with subsection (2) above), an authority must act in accordance with any guidance issued under subsection (3) above.
(5)Any guidance issued under subsection (3) above shall be published by the Secretary of State in such manner as he considers appropriate.
(6)Nothing in this section, or in any guidance issued under it, requires an authority—
(a)to terminate a waste contract before the expiry of the term of the contract, or
(b)to do anything which would result in a breach of any term of a waste contract.
F568(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F569(8)In any case where—
(a)an authority is required to comply with the [F570Public Procurement Regulations] in the awarding of a waste contract,
(b)in compliance with those regulations the authority [F571submits] the contract notice [F572or the concession notice (as the case may require)] relating to the awarding of that contract to the [F573UK e-notification service], and
(c)after the authority [F574submits] that notice, the Mayor revises the provisions of the London Environment Strategy dealing with municipal waste management,]
Textual Amendments
F562S. 355 renumbered as s. 355(1) (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(2), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)
F563Words in s. 355(1) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(3), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)
F564Words in s. 355(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F565S. 355(2) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(4), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)
F566S. 355(3)-(7) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(5), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)
F567Words in s. 355(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F568S. 355(7) omitted (18.4.2016) by virtue of The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 2(2) (with reg. 5)
F569S. 355(8) inserted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 3(3)
F570Words in s. 355(8)(a) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 2(3)(a) (with reg. 5)
F571Word in s. 355(8)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(2)(a)(i) (with Sch. para. 3, 4)
F572Words in s. 355(8)(b) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 2(3)(b) (with reg. 5)
F573Words in s. 355(8)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(2)(a)(ii) (with Sch. para. 3, 4)
F574Word in s. 355(8)(c) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(2)(b) (with Sch. para. 3, 4)
Marginal Citations
(1)Where the Mayor considers that it is necessary for the purposes of the implementation of the [F575provisions of the London Environment Strategy dealing with municipal waste management], he may give to a waste collection authority in Greater London, or a waste disposal authority in Greater London, a direction requiring the authority to exercise a function in a manner specified in the direction.
(2)The Mayor may not give to an authority a direction under subsection (1) above requiring the authority—
(a)to terminate a waste contract before the expiry of the term of the contract; or
(b)to do anything which would result in a breach of any term of a waste contract.
F576(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F577(3A)The Mayor may not give to an authority a direction under subsection (1) above requiring the authority to exercise a function in relation to the awarding of a waste contract if—
(a)the authority is required to comply with the [F578Public Procurement Regulations] in awarding that contract, and
(b)in compliance with those regulations the authority has [F579submitted] the contract notice [F580or the concession notice (as the case may require)] relating to the awarding of that contract to the [F581UK e-notification service].]
(4)The power of the Mayor to give a direction to an authority under subsection (1) above—
(a)may be exercised either generally or specially, and
(b)may only be exercised after consultation with the authority concerned.
(5)Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.
Textual Amendments
F575Words in s. 356(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F576S. 356(3) omitted (18.4.2016) by virtue of The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 3(2) (with reg. 5)
F577S. 356(3A) inserted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 4(3)
F578Words in s. 356(3A)(a) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 3(3)(a) (with reg. 5)
F579Word in s. 356(3A)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(3)(a) (with Sch. para. 3, 4)
F580Words in s. 356(3A)(b) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 3(3)(b) (with reg. 5)
F581Words in s. 356(3A)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(3)(b) (with Sch. para. 3, 4)
(1)There shall be a body known as the London Waste and Recycling Board (referred to in this section and section 356B as “the Board”).
(2)The objectives of the Board are to promote and encourage, so far as relating to Greater London,—
(a)the production of less waste;
(b)an increase in the proportion of waste that is re-used or recycled;
(c)the use of methods of collection, treatment and disposal of waste which are more beneficial to the environment.
(3)For the purpose of achieving its objectives, the Board may provide financial assistance to any person towards or for the purposes of—
(a)the provision of facilities for or in connection with the collection, treatment or disposal of waste produced in Greater London;
(b)conducting research into new technologies or techniques for the collection, treatment or disposal of waste;
(c)securing, or assisting in securing, the performance of any function of a London borough council or the Common Council relating to waste.
(4)For the purpose of achieving its objectives, the Board may provide advice on such matters as it thinks fit to any of the following—
(a)the Mayor;
(b)any London borough council;
(c)the Common Council;
(d)such other persons as the Board thinks fit.
(5)In carrying out its functions under this section, the Board must—
(a)act in accordance with the [F583provisions of the London Environment Strategy dealing with municipal waste management];
(b)act in general conformity with the spatial development strategy so far as relating to the collection, treatment and disposal of waste.
(6)The Board may do anything that it thinks will facilitate, or is incidental or conducive to, the carrying out of its functions under subsections (2) to (4) above.
(7)The Board does not have the power to borrow money.
(8)The Secretary of State may issue to the Board guidance as to the exercise of its functions.
(9)The Board shall have regard to any guidance issued under subsection (8) above.
(10)Any reference in this section to the collection, treatment or disposal of waste includes a reference to the transport of waste for or in connection with that purpose.
Textual Amendments
F582Ss. 356A, 356B inserted (23.10.2007 for specified purposes, 24.7.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 38(1), 59(4)(b); S.I. 2008/2037, art. 2
F583Words in s. 356A(5) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(c); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
(1)The Secretary of State may by order make provision as to—
(a)the constitution of the Board;
(b)the appointment of its members (who must not be fewer than 7 nor more than 13 in number);
(c)the payment of allowances and expenses to its members;
and such other matters in connection with its establishment and administration as the Secretary of State thinks fit.
(2)The Board shall not be regarded—
(a)as the servant or agent of the Crown, or
(b)as enjoying any status, privilege or immunity of the Crown,
and the property of the Board shall not be regarded as property of, or property held on behalf of, the Crown.
(3)The Secretary of State may make payments by way of grant to the Board towards expenditure incurred or to be incurred by it.
(4)The amount of any grant and the manner of its payment are to be such as the Secretary of State may determine.
(5)Any grant may be paid on such conditions as the Secretary of State may determine.
(6)Conditions under subsection (5) above may, in particular, include—
(a)provision as to the use of the grant;
(b)provision as to circumstances in which the whole or part of the grant must be repaid.]
Textual Amendments
F582Ss. 356A, 356B inserted (23.10.2007 for specified purposes, 24.7.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 38(1), 59(4)(b); S.I. 2008/2037, art. 2
(1)Where at the date on which this section comes into force a waste authority is a party to a waste contract, the authority shall, before the end of the period of 21 days beginning with the date on which this section comes into force, notify the Mayor of the date on which the term of the contract is due to expire.
(2)A waste authority which is a party to a waste contract shall—
(a)at least two years before the date on which the term of the contract is due to expire, but
(b)no earlier than three years before that date,
notify the Mayor of that date.
(3)Subsection (1) above is without prejudice to subsection (2) above.
(4)If at any time before the date on which the term of a waste contract is due to expire a waste authority which is a party to the contract—
(a)proposes to terminate or amend the contract, or
(b)receives notification from another party to the contract that the contract is or is proposed to be terminated or amended,
the authority shall as soon as reasonably practicable notify the Mayor.
(5)Where the Mayor has been notified by a waste authority under subsection (1), (2) or (4) above he may direct the authority to provide him with such information as he may require for the purposes of deciding whether—
(a)the arrangements which the authority is making to enter into a new contract,
(b)the terms upon which the authority is proposing to enter into a new contract, or
(c)the amendments or proposed amendments to the contract,
would be detrimental to the implementation of the [F584provisions of the London Environment Strategy dealing with municipal waste management].
(6)Where the Mayor gives an authority a direction under subsection (5) above, the authority to whom the direction is given shall comply with the direction.
Textual Amendments
F584Words in s. 357(5) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(d); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F585[F586(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F587(1ZA)If, in the awarding of a waste contract, a waste authority in compliance with the Public Contracts Regulations 2015 [F588or the Utilities Contracts Regulations 2016] has decided—
(a)to [F589submit] to the [F590UK e-notification service] a prior information notice[F591, a periodic indicative notice or a qualification system notice (as the case may require)] relating to the awarding of the contract, or
(b)to publish such a notice on the authority's buyer profile, subsection (1A) below applies.]
(1A)The authority shall not [F592submit] or publish [F593that notice] [F593the notice in question] unless—
(a)it has notified the Mayor that it proposes to [F594submit] or publish such a notice, and
(b)a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.]
F595[F596(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F597(1BA)If, in the awarding of a waste contract, a waste authority in compliance with [F598Public Procurement Regulations] —
(a)has decided not to [F599submit] or publish a prior information notice[F600, a periodic indicative notice or a qualification system notice (as the case may require)], but
(b)decides to [F601submit] to the [F602UK e-notification service] a contract notice [F603or a concession notice (as the case may require)] relating to the awarding of the contract, subsection (1C) below applies.]
(1C)The authority shall not [F604submit] [F605the notice in question] unless—
(a)it has notified the Mayor that it proposes to [F606submit] such a notice, and
(b)a period of at least 108 days beginning with the day on which the Mayor is so notified has elapsed.]
(2)If in the awarding of a waste contract a waste authority is not required to comply with [F607the [F608Public Procurement Regulations]], the authority shall not enter into the contract unless—
(a)the authority has notified the Mayor that it proposes to enter into such a contract, and
(b)a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.
(3)Where the Mayor has been notified under [F609subsection (1A), (1C)] or (2) above he may direct the waste authority to provide him with such information about the contract as he may require for the purposes of deciding whether the contract would be detrimental to the implementation of the [F610provisions of the London Environment Strategy dealing with municipal waste management].
(4)Where the Mayor gives an authority a direction under subsection (3) above, the authority to whom the direction is given shall comply with the direction.
Textual Amendments
F585S. 358(1) omitted (18.4.2016) by virtue of The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 4(2) (with reg. 5)
F586S. 358(1)(1A) substituted for s. 358(1) (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(2), 59(7); S.I. 2008/113, art. 2(h)
F587S. 358(1ZA) inserted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(3)
F588Words in s. 358(1ZA) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 4(3)(a) (with reg. 5)
F589Word in s. 358(1ZA)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(4)(a)(i) (with Sch. para. 3, 4)
F590Words in s. 358(1ZA)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(4)(a)(ii) (with Sch. para. 3, 4)
F591Words in s. 358(1ZA)(a) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 4(3)(b) (with reg. 5)
F592Word in s. 358(1A) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(4)(b) (with Sch. para. 3, 4)
F593Words in s. 358(1A) substituted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(4)
F594Word in s. 358(1A)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(4)(b) (with Sch. para. 3, 4)
F595S. 358(1B) omitted (18.4.2016) by virtue of The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 4(4) (with reg. 5)
F596S. 358(1B)(1C) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(3), 59(7); S.I. 2008/113, art. 2(h)
F597S. 358(1BA) inserted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(6)
F598Words in s. 358(1BA) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 4(5)(a) (with reg. 5)
F599Word in s. 358(1BA)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(4)(c)(i) (with Sch. para. 3, 4)
F600Words in s. 358(1BA)(a) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 4(5)(b) (with reg. 5)
F601Word in s. 358(1BA)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(4)(c)(ii)(aa) (with Sch. para. 3, 4)
F602Words in s. 358(1BA)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(4)(c)(ii)(bb) (with Sch. para. 3, 4)
F603Words in s. 358(1BA)(b) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 4(5)(c) (with reg. 5)
F604Word in s. 358(1C) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(4)(d) (with Sch. para. 3, 4)
F605Words in s. 358(1C) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(7)
F606Word in s. 358(1C)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(4)(d) (with Sch. para. 3, 4)
F607Words in s. 358(2) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(8)
F608Words in s. 358(2) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 4(6) (with reg. 5)
F609Words in s. 358(3) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(4), 59(7); S.I. 2008/113, art. 2(h)
F610Words in s. 358(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(e); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
(1)Nothing in section 357 or 358 above shall require a waste authority to provide any information if—
(a)the information has been provided to the waste authority by another person,
(b)that person has imposed requirements as to the maintenance by the waste authority of confidentiality in respect of the information,
(c)the waste authority is, by virtue of [F611the [F612Public Procurement Regulations]], under a duty to comply with those requirements, and
(d)the provision of the information would be in breach of that duty.
(2)If at the time when information is provided by a waste authority to the Mayor under section 357 or 358 above the waste authority notifies the Mayor that, in the opinion of the authority, the information is confidential information or exempt information, the information shall not be disclosed—
(a)by the Mayor, except to a person appointed under section 67(1) or (2)[F613, 72(1), 73(1) or 127A(1)] above, or
(b)by such a person, except to another such person.
(3)For the purposes of subsection (2) above—
“confidential information” has the meaning given by section 100A(3) of the M291Local Government Act 1972, but taking the reference to the council in paragraph (a) of that provision as a reference to the waste authority;
“exempt information” shall be construed in accordance with section 100I of that Act, but taking references to a principal council in paragraph 1(2) of Schedule 12A to that Act (meaning of “the authority”) as references to a waste authority.
Textual Amendments
F611Words in s. 359(1)(c) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 6
F612Words in s. 359(1)(c) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 5 (with reg. 5)
F613Words in s. 359(2)(a) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(4), 59(7); S.I. 2008/113, art. 2(a)
Marginal Citations
(1)This section applies for the purposes of sections 353 to 359 above.
(2)The following expressions have the meanings given below—
[F614“buyer profile” has the same meaning as in [F615the [F616Public Contracts Regulations 2015 or the Utilities Contracts Regulations 2016 (as the case may require)]],]
[F617“concession notice” has the same meaning as in regulation 31 of the Concession Contracts Regulations 2016,]
[F618“contract notice” has the same meaning as in regulation 49 of the Public Contracts Regulations 2015, [F619or regulation 69 of the Utilities Contracts Regulations 2016 (as the case may require)]]
“disposal”, in relation to waste, shall be construed in accordance with section 29(6) of the M292Environmental Protection Act 1990,
“municipal waste” means any waste in the possession or under the control of—
a body which, or a person who, is a waste collection authority in Greater London, or
a body which is a waste disposal authority in Greater London,
whether or not the waste is in the possession or under the control of the body or person under or by virtue of that Act,
[F620“the national waste management plan” has the same meaning as in the Waste (England and Wales) Regulations 2011;]
[F621“periodic indicative notice” has the same meaning as in regulation 67 of the Utilities Contracts Regulations 2016,]
[F618“prior information notice” has the same meaning as in regulation 48 of the Public Contracts Regulations 2015,]
[F622“the Public Procurement Regulations” means the Public Contracts Regulations 2015, the Utilities Contracts Regulations 2016 or the Concession Contracts Regulations 2016 (as the case may require),]
[F622“qualification system notice” means a notice under regulation 68 of the Utilities Contracts Regulations 2016,]
F623...
F623...
“recovery”, in relation to waste, includes the recovery of materials from waste and the recovery of energy from waste,
“treatment”, in relation to waste, shall be construed in accordance with section 29(6) of the M293Environmental Protection Act 1990,
[F624“the UK e-notification service” has the same meaning as in the Public Procurement Regulations]
“waste” shall be construed in accordance with section 75 of that Act,
“waste authority” means—
a waste collection authority in Greater London, or
a waste disposal authority in Greater London,
“waste collection authority in Greater London” shall be construed in accordance with section 30(3)(b) of that Act,
“waste contract” means a contract which includes or is to include provision relating to municipal waste and is made or to be made by a waste authority in the performance of its functions under Part II of that Act (waste on land), and
“waste disposal authority in Greater London” shall be construed in accordance with section 30(2)(b) of that Act.
F625(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F625(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F626(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F614Words in s. 360(2) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(7), 59(7); S.I. 2008/113, art. 2(h)
F615Words in s. 360(2) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(2)(a)
F616Words in s. 360(2) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 6(2)(a) (with reg. 5)
F617Words in s. 360(2) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 6(2)(b) (with reg. 5)
F618Words in s. 360(2) inserted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(2)(c)
F619Words in s. 360(2) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 6(2)(c) (with reg. 5)
F620Words in s. 360(2) inserted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 5(4) (with regs. 2, 47(2))
F621Words in s. 360(2) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 6(2)(d) (with reg. 5)
F622Words in s. 360(2) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 6(2)(e) (with reg. 5)
F623Words in s. 360(2) omitted (E.W.) (26.2.2015) by virtue of The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(2)(b)
F624Words in s. 360(2) inserted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 3(5) (with Sch. para. 3, 4)
F625S. 360(3)(4) omitted (18.4.2016) by virtue of The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 6(3) (with reg. 5)
F626S. 360(5) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(f) (with arts. 7, 9-11)
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F627S. 361 repealed (1.1.2005) by Waste and Emissions Trading Act 2003 (c. 33), ss. 35(b), 40(1); S.I. 2004/3320, art. 2
Textual Amendments
F628S. 361A and cross-heading inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 42, 59(7); S.I. 2008/113, art. 2(i)
(1)The Mayor and the Assembly are each under a duty to address climate change, so far as relating to Greater London.
(2)In the case of the Mayor, the duty consists of each of the following—
(a)to take action with a view to mitigation of, or adaptation to, climate change (see subsections (5) and (6) below),
(b)in exercising any of his functions under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change,
(c)to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Mayor is to perform the duties imposed on him by paragraph (a) or (b) above.
(3)In the case of the Assembly, the duty consists of each of the following—
(a)in exercising any functions of the Assembly under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change,
(b)to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Assembly is to perform the duties imposed by paragraph (a) above.
(4)Any reference in this section to functions of the Mayor, or functions of the Assembly, includes a reference to functions exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
(5)For the purposes of this section—
(a)“climate change” means changes in climate which are, or which might reasonably be thought to be, the result of human activity altering the composition of the global atmosphere and which are in addition to natural climate variability; and
(b)“changes in climate” includes a reference to changes in climate which are reasonably expected, or might reasonably be expected, to happen or which are reasonably thought to be happening or to have recently happened.
(6)In this section—
“adaptation”, in relation to climate change, means preparation for, or adjustment in response to, any consequences of climate change appearing to the Mayor to affect Greater London;
“consequences”, in relation to climate change—
means consequences which have occurred, are occurring or might reasonably be expected to occur, and
includes any phenomena reasonably thought to be consequences of climate change;
“mitigation”, in relation to climate change, includes prevention.]
F631(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The [F632provisions of the London Environment Strategy dealing with climate change mitigation and energy] shall contain the Mayor's proposals and policies with respect to the contribution to be made in Greater London towards each of the following—
(a)the mitigation of climate change,
(b)the achievement of any objectives specified or described in national policies relating to energy.
(3)The [F633provisions dealing with climate change mitigation and energy] must include the Mayor's proposals and policies relating to each of the following—
(a)minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for the purposes of surface transport,
(b)minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for purposes other than those of transportation,
(c)supporting innovation, and encouraging investment, in energy technologies in Greater London,
(d)promoting the efficient production and use of energy in Greater London.
(4)In subsection (3) above “other significant greenhouse substances” means substances (other than carbon dioxide)—
(a)which contribute to climate change, and
(b)which the Mayor considers it appropriate to deal with in the [F634provisions dealing with climate change mitigation and energy].
(5)In performing the duty under subsection (3)(c) above, the Mayor must have regard to the desirability of advancing energy technologies which involve the emission of lower levels of substances which contribute to climate change.
(6)The [F635provisions dealing with climate change mitigation and energy] shall also contain information about—
(a)the pattern of energy use in Greater London,
(b)the levels of emissions in, or attributable to, Greater London of substances which contribute to climate change,
(c)the number of households in Greater London in which one or more persons are living in fuel poverty, within the meaning of the Warm Homes and Energy Conservation Act 2000 (see section 1 of that Act),
(d)the measures to be taken, for the purpose of implementing [F636those provisions], by each of the following—
(i)the Authority,
(ii)Transport for London,
F637(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)the measures which other bodies or persons are to be encouraged by the Mayor to take for the purpose of implementing [F638those provisions].
F639(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The strategy must not be inconsistent with—
(a)national policies relating to mitigation of climate change, or
(b)national policies relating to energy.
F640(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F640(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F640(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)In this section—
“climate change” has the same meaning as in section 361A above;
“energy technologies” means technologies for—
the production of energy, or
the more efficient or effective use of energy;
“mitigation” has the same meaning as in section 361A above;
F641...
“surface transport” means any form of transport other than transport by air.]
Textual Amendments
F629Ss. 361B, 361C inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 43(2), 59(4)(b); S.I. 2008/113, art. 2(i)
F630S. 361B heading substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(2); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F631S. 361B(1) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(7), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F632Words in s. 361B(2) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(3); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F633Words in s. 361B(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(4); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F634Words in s. 361B(4) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(5); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F635Words in s. 361B(6) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(6)(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F636Words in s. 361B(6)(d) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(6)(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F637S. 361B(6)(d)(iii) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F638Words in s. 361B(6)(e) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(6)(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F639S. 361B(7) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(7), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F640S. 361B(9)-(11) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(7), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F641Words in s. 361B(12) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 8(7), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F642S. 361C repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 9, Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F645(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The [F646provisions of the London Environment Strategy dealing with adaptation to climate change] shall contain—
(a)the Mayor's assessment of the consequences of climate change for Greater London;
(b)the Mayor's proposals and policies for adaptation to climate change, so far as relating to Greater London.
F647(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F647(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F647(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this section—
“adaptation”, in relation to climate change, has the same meaning as in section 361A above;
“consequences”, in relation to climate change, has the same meaning as in section 361A above;
“climate change” has the same meaning as in section 361A above.]
Textual Amendments
F643Ss. 361D, 361E inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 44(2), 59(7); S.I. 2008/113, art. 2(i)
F644S. 361D heading substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 10(2); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F645S. 361D(1) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 10(4), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F646Words in s. 361D(2) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 10(3); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F647S. 361D(3)-(5) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 10(4), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F648S. 361E repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 11, Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F650(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The [F651provisions of the London Environment Strategy dealing with air quality] shall contain the Mayor’s proposals and policies—
(a)for the implementation in Greater London of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the M294Environment Act 1995 (national air quality strategy), and
(b)for the achievement in Greater London of the air quality standards and objectives prescribed in regulations made under section 87(2)(a) and (b) of that Act,
and may contain such other proposals and policies relating to the improvement of air quality in Greater London as the Mayor considers appropriate.
(3)The [F651provisions of the London Environment Strategy dealing with air quality] shall also contain information about—
(a)the air quality in Greater London and the likely future air quality in Greater London,
(b)the measures which are to be taken by the Authority [F652and Transport for London] for the purpose of the implementation of the [F651provisions of the London Environment Strategy dealing with air quality],
(c)the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of the implementation of the [F651provisions of the London Environment Strategy dealing with air quality].
(4)In preparing or revising the [F651provisions of the London Environment Strategy dealing with air quality] the Mayor shall have regard—
(a)to reviews and assessments of air quality made by local authorities in Greater London in accordance with section 82 of the M295Environment Act 1995,
(b)to any designation by a local authority in Greater London of an air quality management area in accordance with section 83 of that Act,
(c)to any plan prepared for the purposes of the achievement of air quality standards by a local authority in Greater London in accordance with section 84(2)(b) of that Act, and
(d)to any guidance about the content of the [F651provisions of the London Environment Strategy dealing with air quality] given to him by the Secretary of State for the purposes of the implementation of the strategy prepared and published by the Secretary of State in accordance with section 80 of that Act, (national air quality strategy).
F653(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F653(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F653(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F649S. 362 heading substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 12(2); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F650S. 362(1) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 12(4), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F651Words in s. 362(2)-(4) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 12(3); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F652Words in s. 362(3)(b) substituted (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 20 para. 7; S.I. 2012/628, art. 4(c)
F653S. 362(5)-(7) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 12(4), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
Marginal Citations
(1)Where the Secretary of State considers that [F654the condition] specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the London air quality strategy.
(2)The conditions mentioned in subsection (1) above are—
F655(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)that a direction about the content of the [F656provisions of the London Environment Strategy dealing with air quality] is required for the purposes of the implementation of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the M296Environment Act 1995 (national air quality strategy).
(3)The power of the Secretary of State to give a direction to the Mayor under subsection (1) above—
(a)may be exercised either generally or specially, and
(b)may only be exercised after consultation with the Mayor.
(4)Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.
Textual Amendments
F654Words in s. 363(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 13(2); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F655S. 363(2)(a) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 13(3)(a), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F656Words in s. 363(2)(b) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 13(3)(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
Marginal Citations
In exercising any function under Part IV of the M297Environment Act 1995 (air quality) a local authority in Greater London shall have regard to the [F657provisions of the London Environment Strategy dealing with air quality].
Textual Amendments
F657Words in s. 364 substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 14; S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
Marginal Citations
(1)The Mayor may give a direction to any local authority in Greater London requiring the authority to provide him with such information, advice and assistance as he may require in the preparation and revision of the [F658provisions of the London Environment Strategy dealing with air quality].
(2)The power of the Mayor to give a direction to an authority under subsection (1) above may be exercised either generally or specially.
(3)Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.
Textual Amendments
F658Words in s. 365 substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 15; S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
For the purposes of sections 362 to 365 above “local authority” has the meaning given to it by section 91(1) of the Environment Act 1995.
(1)Section 85 of the M298Environment Act 1995 (reserve powers of the Secretary of State in relation to air quality) shall be amended in accordance with [F659subsections (2) to (5)]below.
(2)In subsection (1) (definition of “appropriate authority” for the purposes of the section)—
(a)in paragraph (a), for “England and Wales, the Secretary of State; and” there shall be substituted “ local authorities in England and Wales other than local authorities in Greater London, the Secretary of State; ”, and
(b)after that paragraph there shall be inserted—
“(aa)in relation to local authorities in Greater London, the Mayor of London; and”.
(3)After subsection (4) there shall be inserted—
“(4A)The powers of the Mayor of London to give directions under this section to a local authority in Greater London may only be exercised after consultation with the local authority concerned.
(4B)In exercising any function under subsection (2), (3) or (4) above the Mayor of London shall have regard to any guidance issued by the Secretary of State to local authorities under section 88(1) below.”
(4)In subsection (5) (power of the Secretary of State to give directions relating to obligations under the [F660EU] Treaties or to international obligations) after “local authorities” there shall be inserted “ , other than local authorities in Greater London, ”.
(5)After subsection (6) (publishing of directions under the section) there shall be inserted—
“(6A)The Mayor of London shall send a copy of any direction he gives under this section to the Secretary of State.”
Textual Amendments
F659Words in s. 367(1) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch 1 Pt. I para. 9
F660Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))
Marginal Citations
After section 86 of the M299Environment Act 1995 (functions of county councils in relation to district councils) there shall be inserted—
(1)Where a local authority in Greater London is preparing an action plan, the Mayor of London (referred to in this section as “the Mayor”) shall, within the relevant period, submit to the authority proposals for the exercise (so far as relating to the designated area) by the Mayor, in pursuit of the achievement of air quality standards and objectives, of any powers exercisable by the Mayor.
(2)Where the Mayor submits proposals to a local authority in pursuance of subsection (1) above, he shall also submit a statement of the time or times by or within which he proposes to implement each of the proposals.
(3)An action plan shall include a statement of—
(a)any proposals submitted pursuant to subsection (1) above; and
(b)any time or times set out in the statement submitted pursuant to subsection (2) above.”
Marginal Citations
In paragraph 1 of Schedule 11 to the M300Environment Act 1995 (duty of local authorities to consult certain persons in the exercise of their functions under Part IV of that Act), after sub-paragraph (2) there shall be inserted—
“(2A)A local authority specified in sub-paragraph (2B) below shall in carrying out the functions falling within sub-paragraph (1)(a) to (c) above also consult the Mayor of London.
(2B)The local authorities mentioned in sub-paragraph (2A) above are—
(a)any local authority in Greater London,
(b)any local authority whose area is contiguous to the area of Greater London.”
Marginal Citations
F662(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The [F663provisions of the London Environment Strategy dealing with ambient noise] shall consist of—
(a)information about ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London,
(b)an assessment of the impact of the Mayor’s strategies specified in section 41(1) above on ambient noise levels in Greater London, and
(c)a summary of action taken, or proposed to be taken, by the Mayor for the purpose of promoting measures to reduce ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London.
(3)In this section—
“ambient noise” means—
noise related to transport, including road traffic, rail traffic, aircraft and water transport; and
noise of such other descriptions as the Mayor may consider it appropriate to include in the matters dealt with by the [F664provisions of the London Environment Strategy dealing with ambient noise],
but does not include noise falling within subsection (4) below; and
“noise” includes vibration.
(4)Noise falls within this subsection if it is—
(a)noise emitted from works falling within section 60(1) of the M301Control of Pollution Act 1974 (construction works etc. which may be controlled by a local authority);
(b)noise caused by the operation of a loud-speaker in a street, whether or not the operation would be a contravention of section 62(1) of the M302Control of Pollution Act 1974 (loud-speaker not to be operated in the street during certain hours);
(c)noise at work which, under or by virtue of the M303Health and Safety at Work etc. Act 1974, it is the duty of an employer to control; or
(d)noise emitted from premises or emitted from or caused by a vehicle, machinery or equipment in a street, except noise caused by aircraft other than model aircraft or noise made by traffic;
but noise does not fall within this subsection if it is noise from a fixed industrial source.
(5)Expressions used in paragraph (d) of subsection (4) above and in section 79 of the M304Environmental Protection Act 1990 have the same meaning in that paragraph as they have in that section.
F665(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F665(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F665(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F661S. 370 heading substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 16(2); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F662S. 370(1) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 16(5), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F663Words in s. 370(2) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 16(3); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F664Words in s. 370(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 16(4); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F665S. 370(6)-(8) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 16(5), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
Marginal Citations
(1)A person who provides air navigation services shall consult the Mayor about the matters specified in subsection (2) below where it is reasonably practicable to do so.
(2)Those matters are—
(a)the proposed alteration by that person of any route used regularly by civil aircraft before arrival at, or after departure from, any aerodrome;
(b)the proposed addition by that person of any route to be so used;
(c)any substantial alteration proposed to be made by that person to procedures used for managing the arrival of civil aircraft at any aerodrome,
where the proposed alteration or addition will have a significant adverse effect on the noise caused by civil aircraft in Greater London.
(3)For the purposes of subsection (2) above the reference to a route used regularly by civil aircraft includes a reference to the altitude at which such aircraft regularly fly.
(4)In this section—
“aerodrome” has the meaning given by subsection (1) of section 105 of the M305Civil Aviation Act 1982;
“
” shall be construed in accordance with that subsection;“noise” includes vibration.
Marginal Citations
(1)Section 35 of the M306Civil Aviation Act 1982 (facilities to be provided by certain aerodromes for consultation with bodies representing local interests) shall be amended as follows.
(2)After subsection (2) (persons or bodies to be consulted) there shall be inserted—
“(3)The reference in subsection (2)(b) above to any local authority includes in relation to the area of Greater London a reference to the Mayor of London acting on behalf of the Greater London Authority.”.
In exercising any function, each of the functional bodies shall have regard to the strategies prepared and published by the Mayor under this Part.
The joint committee appointed pursuant to the provisions of Part VI of the M307Local Government Act 1972 and known as “the London Ecology Committee” is abolished by this section.
Marginal Citations
(1)There shall be a body corporate to be known as the Cultural Strategy Group for London.
(2)The Cultural Strategy Group for London shall have—
(a)the function of providing advice to the Mayor on the contents and implementation of the culture strategy under section 376 below; and
(b)such other functions as may be conferred or imposed on, or made exercisable by, them by or under any other enactment, whenever passed or made.
(3)Schedule 30 to this Act shall have effect with respect to the Cultural Strategy Group for London.
Commencement Information
I71S. 375 partly in force; s. 375 not in force at Royal Assent, see s. 425(2); s. 375(1)(3) in force (5.8.2000) by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
(1)The Cultural Strategy Group for London shall formulate and submit to the Mayor a draft strategy containing proposed policies with respect to culture, media and sport in Greater London.
(2)As soon as reasonably practicable after the draft strategy has been submitted to the Mayor, the Mayor shall prepare and publish a document to be known as the “culture strategy”.
(3)The culture strategy published under subsection (2) above shall be the draft strategy submitted to the Mayor under subsection (1) above, with such modifications (if any) as the Mayor considers appropriate.
(4)The Cultural Strategy Group for London shall keep the culture strategy under review and may submit proposed revisions of it to the Mayor.
[F666(4A)Before submitting any proposed revisions under subsection (4) above, the Cultural Strategy Group for London must consult each of the designated consultative bodies (see subsection (10)).]
(5)The policies that may be contained in the culture strategy include policies with respect to each of the following matters—
(a)the arts, tourism and sport;
(b)ancient monuments and sites;
(c)buildings and other structures which are of historical or architectural interest or which otherwise form part of the heritage of Greater London;
(d)museums and galleries;
(e)library services;
(f)archives;
(g)treasure, and antiquities of a movable nature;
(h)broadcasting, film production and other media of communication.
(6)The Mayor may give the Cultural Strategy Group for London directions requiring the draft strategy to be formulated and submitted under subsection (1) above not later than such date as may be specified in the directions.
(7)The Cultural Strategy Group for London shall comply with any directions under subsection (6) above.
(8)Where the Mayor revises the culture strategy otherwise than in response to proposed revisions submitted by the Cultural Strategy Group for London under subsection (4) above, then, in the case of that revision—
(a)the bodies and persons required to be consulted under [F667section 42(1)(b)] above shall include the Cultural Strategy Group for London; and
(b)the [F668references in subsections (2) and (3) of section 42A above] [F669to the functional bodies] shall be taken to include a reference to the Cultural Strategy Group for London.
[F670(8A)Where, by virtue of subsection (8)(a) above, the Mayor consults the Cultural Strategy Group for London, the Cultural Strategy Group for London must consult the designated consultative bodies before submitting any comments in response to the Mayor.]
(9)In this Act, references to the culture strategy include, except where the context otherwise requires, a reference to the culture strategy as revised.
[F671(10)For the purposes of this section, the “designated consultative bodies” are the following—
Archives, Libraries and Museums London
the Arts Council of England
F672...
the English Sports Council
the Historic Buildings and Monuments Commission for England
the Museums, Libraries and Archives Council
the UK Film Council.
(11)The Secretary of State may by order amend subsection (10) above—
(a)by adding or removing bodies, or
(b)by amending names of bodies,
but not so as to include any body that does not have functions relating to sport, culture or the arts.]
Textual Amendments
F666S. 376(4A) inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 50(2), 59(4)(b); S.I. 2008/113, art. 2(j)
F667Words in s. 376(8)(a) substituted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 50(3)(a), 59(4)(b); S.I. 2008/113, art. 2(j)
F668Words in s. 376(8)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 2(3), 59(7); S.I. 2008/113, art. 2(a)
F669Words in s. 376(8)(b) substituted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 50(3)(b), 59(4)(b); S.I. 2008/113, art. 2(j)
F670S. 376(8A) inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 50(4), 59(4)(b); S.I. 2008/113, art. 2(j)
F671S. 376(10)(11) inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 50(5), 59(4)(b); S.I. 2008/113, art. 2(j)
F672Words in s. 376(10) repealed (21.1.2012) by The Commission for Architecture and the Built Environment (Dissolution) Order 2012 (S.I. 2012/147), art. 1, Sch.
(1)The Authority may provide financial or other assistance for the purposes of any museum, gallery, library, archive or other cultural institution in Greater London.
(2)Any assistance under this section may be provided subject to conditions.
(3)The conditions that may be imposed under subsection (2) above include in particular—
(a)conditions with respect to the keeping, and production for inspection, of accounts and records; and
(b)conditions requiring the making of repayments in respect of financial assistance in whole or in part.
(1)Subsection (2) below applies where any power to make an appointment of a prescribed description in the case of a prescribed body is exercisable by the Mayor.
(2)If the body requests the Mayor to exercise the power, he must do so as soon as reasonably practicable after the making of the request.
(3)Any request under subsection (2) above must be in writing.
(4)Where—
(a)an instrument of any description states that an appointment of a particular description is to be made by the Mayor, and
(b)the circumstances are such that an appointment of that description falls to be made,
the power to make the appointment is to be taken for the purposes of this section to be a power exercisable by the Mayor.
(5)In this section “prescribed” means specified in, or determined in accordance with, an order made by the Secretary of State.
(6)Different descriptions (and different numbers) of appointments may be prescribed under this section in the case of different bodies.
(7)The only bodies that may be prescribed under this section are bodies that have functions relating to sport, culture or the arts.]
Textual Amendments
F673S. 377A inserted (23.10.2007 for specified purposes, 6.4.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 51(1), 59(4)(b); S.I. 2008/582, art. 2(d)
(1)The functions of the Authority shall include the duty—
(a)to encourage people to visit Greater London;
(b)to encourage people from outside the United Kingdom to visit the United Kingdom by way of Greater London; and
(c)to encourage the provision and improvement of tourist amenities and facilities in Greater London.
(2)The Authority shall have power to do anything—
(a)for the purpose of discharging the functions conferred on it by this section; or
(b)which is incidental or conducive to the discharge of those functions.
(3)For the purpose of discharging the functions conferred on it by this section, the powers of the Authority shall (in particular) include power—
(a)to undertake publicity or other promotional activities in any form;
(b)to provide advisory and information services;
(c)to promote or undertake research;
(d)to enter into arrangements with any other person or organisation for or in connection with the carrying on by that person or organisation of any activity which the Authority has power to carry on under this section.
(4)The Authority shall have power by virtue of subsections (2) and (3) above to carry on any activities outside the United Kingdom for the purpose of encouraging people—
(a)to visit Greater London or any part of it, or
(b)to visit the United Kingdom by way of Greater London.
(5)In discharging its functions under subsections (1) to (4) above, the Authority shall have regard to the desirability of undertaking appropriate consultation and, in appropriate cases, co-operating with—
(a)the Secretary of State;
[F674(aa)the National Assembly for Wales]
(b)any Tourist Board; or
(c)any other persons who, or organisations which, have knowledge of, or are interested in, matters affecting the discharge of those functions.
(6)The Authority shall have power to provide financial or other assistance—
(a)to persons or organisations discharging in relation to Greater London or any part of Greater London functions corresponding to those of the Authority under this section; or
(b)to any other person or organisation, for the purpose of discharging any of the Authority’s functions under subsections (1) to (4) above.
(7)Where the Authority provides assistance under subsection (6) above, it may do so subject to conditions.
(8)The conditions that may be imposed under subsection (7) above include in particular—
(a)conditions with respect to the keeping, and production for inspection, of accounts and records; and
(b)conditions requiring the making of repayments in respect of financial assistance in whole or in part.
(9)The Authority may charge for its services and receive contributions towards its expenses in carrying out any of its functions under this section.
(10)Nothing in this section authorises the Authority to borrow money otherwise than as provided by the other provisions of this Act.
(11)In this section “Tourist Board” means—
(a)the British Tourist Authority;
(b)the English Tourist Board;
(c)the Northern Ireland Tourist Board; [F675or]
(d)[F676VisitScotland ]; [F677or]
(e)[F677the Wales Tourist Board.]
Textual Amendments
F674S. 378(5)(aa) inserted (E.W.) (23.11.2005) by The Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 2 para. 3(1) (with art. 3(1))
F675Word in s. 378(11)(c) inserted (E.W.) (23.11.2005) by The Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 2 para. 3(2)(a) (with art. 3(1))
F676Word in s. 378(11)(d) substituted: (E.W.) (29.3.2007) by The Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007 (S.I. 2007/1103), art. 1(1), Sch. para. 5; (S.) (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), s. 5(1), sch. 2 para. 5; S.S.I. 2007/47, art. 2
F677S. 378(11)(e) and word omitted (E.W.) (23.11.2005) by virtue of The Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 2 para. 3(2)(b) (with art. 3(1))
It shall be the duty of the Authority to advise—
(a)any Minister of the Crown,
(b)the British Tourist Authority, or
(c)the English Tourist Board,
on such matters relating to tourism in Greater London as the Minister or, as the case may be, that Authority or Board may refer to it or as the Authority thinks fit.
(1)Any function exercisable on behalf of the Authority by the Mayor under or by virtue of this Part shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
(2)Those bodies and persons are—
(a)the Deputy Mayor;
(b)any member of staff of the Authority;
(c)the Cultural Strategy Group for London;
F678(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)the Common Council;
(f)any local authority.
(3)In the case of the Common Council or a local authority, an authorisation under this section—
(a)may only be granted or varied with its written consent; and
(b)shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.
(4)[F679Subject to subsection (5A), where], by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
(5)[F680Subject to subsection (5A), subsection] (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by—
(a)a committee or sub-committee, or a member, officer or employee, of the body or person, or
(b)a joint committee on which the person or body is represented,
except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
[F681(5A)Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by a local authority which are operating executive arrangements—
(a)that duty shall be treated as a function of that local authority for the purposes of section 13 of the Local Government Act 2000; and
(b)if, or to the extent that, that duty is a function which is the responsibility of the executive of that authority,
(i)subsections (4) and (5) above shall not apply; and
(ii)sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.]
(6)Subsection (1) above does not apply—
(a)in relation to functions under this section;
[F682(aa)in relation to any function of making an appointment in a case where section 377A above applies; or]
(b)in relation to any function of making byelaws under section 385(1) below.
(7)An authorisation under subsection (1) above which relates to—
(a)any function under section 376 above, or
(b)the exercise of any function under or by virtue of section 383(1) or 384(3) below to the extent that it involves a determination as to whether to permit a public demonstration to take place in Trafalgar Square or Parliament Square Garden,
may only be given to the Deputy Mayor or a member of staff of the Authority.
(8)An authorisation under subsection (1) above which relates to any function of enforcing any byelaws made under section 385(1) below may only be given—
(a)to the Deputy Mayor,
(b)to any member of staff of the Authority,
(c)to the Common Council,
(d)to any local authority.
(9)Each of the following bodies, namely—
(a)the Cultural Strategy Group for London,
F683(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the Common Council,
(d)any local authority,
shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
(10)Subsections (3) and (4) of section 101 of the M308Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor—
(a)to a local authority, [F684or]
(b)to the Cultural Strategy Group for London, F685...
F685(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as they apply to arrangements under that section between one local authority and another.
(11)An authorisation under this section may be varied or revoked at any time by the Mayor.
(12)Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
(13)In this section—
[F686“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;]
M309“Trafalgar Square” has the same meaning as in the Trafalgar Square Act 1844;
“Parliament Square Garden” means the central garden of Parliament Square, within the meaning of section 384 below.
Textual Amendments
F678S. 380(2)(d) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F679Words in s. 380(4) substituted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(a)
F680Words in s. 380(5) substituted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(b)
F681S. 380(5A) inserted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(c)
F682S. 380(6)(aa) substituted for word "or" at the end of paragraph (a) (23.10.2007 for specified purposes, 6.4.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 51(2), 59(4)(b); S.I. 2008/582, art. 2(d)
F683S. 380(9)(b) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F684Word in s. 380(10) inserted (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 20 para. 8; S.I. 2012/628, art. 4(c)
F685S. 380(10)(c) and word repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F686Definitions of “executive” and “executive arrangements” in s. 380(13) inserted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(d)
Marginal Citations
(1)The Secretary of State may pay to the Authority grants of such amounts in respect of expenditure incurred or to be incurred by the Authority in the exercise, or in any particular exercise, of any of the Authority’s tourism functions as he may with the consent of the Treasury determine.
(2)A grant under subsection (1) above may be made subject to such conditions as the Secretary of State may, with the consent of the Treasury, determine.
(3)The conditions that may be imposed by virtue of subsection (2) above include in particular—
(a)conditions with respect to the keeping, and production for inspection, of accounts and records;
(b)conditions relating to the level of performance to be achieved by the Authority in respect of any of its tourism functions and the consequences of failure to achieve that level; and
(c)conditions requiring repayment of the grant in whole or in part.
(1)In this Chapter—
“tourism functions”, in relation to the Authority, means the Authority’s functions under section 378 above;
“tourist amenities and facilities” means, in relation to any area, amenities and facilities that might be used—
by visitors to that area, or
by other people travelling within that area for the purposes of business or leisure.
(2)The functions conferred or imposed on the Authority under or by virtue of this Chapter shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(3)Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the Assembly.
Commencement Information
I72S. 382 wholly in force at 3.7.2000; s. 382 not in force at Royal Assent, see s. 245(2); s. 382(2)(3) in force (8.5.2000) by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 382 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)The functions of the Secretary of State under section 2 of the M310Trafalgar Square Act 1844 (care, control, management and regulation of the Square and its ornaments etc) are transferred by this subsection to the Authority.
(2)In that section, the words from “by and out of such Monies” to “by Authority of Parliament” shall cease to have effect.
(3)The functions transferred to the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Marginal Citations
(1)The land comprised in the site of the central garden of Parliament Square (which, at the passing of this Act, is vested in the Secretary of State for Culture, Media and Sport) is by this subsection transferred to and vested in Her Majesty as part of the hereditary possessions and revenues of Her Majesty.
(2)Nothing in subsection (1) above affects—
(a)any sewers, cables, mains, pipes or other apparatus under that site, or
(b)any interest which was, immediately before the passing of this Act, vested in London Regional Transport or any of its subsidiaries.
(3)The care, control, management and regulation of the central garden of Parliament Square shall be functions of the Authority.
(4)It shall be the duty of the Authority well and sufficiently to light, cleanse, water, pave, repair and keep in good order and condition the central garden of Parliament Square.
(5)The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.
(6)In consequence of the preceding provisions of this section, any functions of the Secretary of State under or by virtue of section 22 of the M311Crown Lands Act 1851 (duties and powers of management in relation to the royal parks, gardens and possessions there mentioned), so far as relating to the whole or any part of the central garden of Parliament Square, shall determine.
(7)Subsections (3) and (4) above shall have effect notwithstanding any law, statute, custom or usage to the contrary.
(8)Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(9)In this section “the central garden of Parliament Square” means the site in Parliament Square on which the Minister of Works was authorised by the M312Parliament Square (Improvement) Act 1949 to lay out the garden referred to in that Act as “the new central garden”.
(1)The Authority may make [F687and enforce] such byelaws to be observed by persons using Trafalgar Square or Parliament Square Garden as the Authority considers necessary for securing the proper management of those Squares and the preservation of order and the prevention of abuses there.
(2)Byelaws under this section may designate specified provisions of the byelaws as trading byelaws.
(3)A person who contravenes or fails to comply with any byelaw under this section shall be guilty of an offence and liable on summary conviction—
(a)if the byelaw is a trading byelaw, to a fine not exceeding level 3 on the standard scale, or
(b)in any other case, to a fine not exceeding level 1 on the standard scale.
(4)The provision that may be made in byelaws under this section includes provision for or in connection with—
(a)the licensing of any trading; and
(b)the seizure, retention or disposal of any property in connection with any contravention of or failure to comply with [F688any byelaw under this section].
(5)The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.
(6)Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
[F689(6A)Byelaws under this section may not be made as respects Parliament Square Garden for the purpose of prohibiting a particular activity so far as that activity is a prohibited activity for the purposes of Part 3 of the Police Reform and Social Responsibility Act 2011 (see section 143(2) of that Act).]
(7)In this section—
“Trafalgar Square” has the same meaning as in the M313Trafalgar Square Act 1844;
“Parliament Square Garden” means the central garden of Parliament Square, within the meaning of section 384 above.
Textual Amendments
F687Words in s. 385(1) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 7
F688Words in s. 385(4)(b) substituted (19.12.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 150(3), 157(1); S.I. 2011/2834, art. 2(j)
F689S. 385(6A) inserted (19.12.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 149(1), 157(1) (with s. 149(3)); S.I. 2011/2834, art. 2(i)
Marginal Citations
(1)The Secretary of State may issue guidance to the Mayor concerning the exercise of any function under or by virtue of section 383(1), 384(3) or (4) or 385(1) above by him or any body or person authorised to exercise the function under section 380 above.
(2)In deciding whether or how to exercise that function, the Mayor, or body or person, shall have regard to any guidance issued under subsection (1) above.
(1)The M314Trustee Investments Act 1961 shall be amended as follows.
(2)In section 11 (local authority investment schemes) in subsection (4) (the authorities to which the section applies) in paragraph (a)—
(a)after “England and Wales” there shall be inserted “ , the Greater London Authority, ”; and
(b)after “Common Council of the City of London” there shall be inserted “ , a functional body (within the meaning of the Greater London Authority Act 1999), ”.
(3)In Schedule 1, in Part II (narrower-range investments requiring advice), in paragraph 9—
(a)after paragraph (a) there shall be inserted—
“(aa)the Greater London Authority;
(ab)any functional body, within the meaning of the Greater London Authority Act 1999;”; and
(b)in paragraph (d), the words “the Receiver for the Metropolitan Police District or” shall cease to have effect.
Commencement Information
I73S. 387 wholly in force at 3.7.2000; s. 387 not in force at Royal Assent see s. 425(2); s. 387 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 387 in force at 3.7.2000 other than for the purposes of (3)(b), insofar as not already in force by S.I. 1999/3434, art. 4; s. 387 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Marginal Citations
In section 1(4) of the M315Local Authorities (Goods and Services) Act 1970, in the definition of “local authority”—
(a)after “London borough,” there shall be inserted “ the Greater London Authority, ”; and
(b)after “any joint authority established by Part IV of the M316Local Government Act 1985” there shall be inserted “ and the London Fire and Emergency Planning Authority, Transport for London and the London Development Agency ”.
Commencement Information
I74S. 388 wholly in force at 3.7.2000; s. 388 not in force at Royal Assent see s. 425(2); s. 388 in force at 8.5.2000 for the purposes of para.(a) by S.I. 1999/3434, art. 3; s. 388 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4
Marginal Citations
(1)Employment with—
(a)the Authority,
(b)Transport for London,
F690(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the [F691Mayor's Office for Policing and Crime], or
(e)the London Transport Users’ Committee,
shall be included among the kinds of employment to which a scheme under section 1 of the M317Superannuation Act 1972 can apply.
(2)Accordingly, in Schedule 1 to that Act (in which those kinds of employment are listed) the following entries shall be inserted in the list of “Other bodies” at the appropriate places—
“The Greater London Authority.”
“The London Development Agency.”
“The London Transport Users’ Committee.”
“The Metropolitan Police Authority.”
“Transport for London.”
(3)Each of the bodies specified in subsection (1) above shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to this section (so far as referable to that body) in the sums payable under the M318Superannuation Act 1972 out of money provided by Parliament.
(4)Where an employee of any of the bodies specified in subsection (1) above—
(a)is, by reference to that employment, a participant in a scheme under section 1 of the M319Superannuation Act 1972, and
(b)is also a member of that body,
the Minister for the Civil Service may determine that his service as such a member shall be treated for the purpose of the scheme as service as an employee of that body.
(5)A determination under subsection (4) above shall be without prejudice to—
(a)paragraph 2(6) of Schedule 10 to this Act, in the case of Transport for London;
(b)paragraph 2 of Schedule 18 to this Act, in the case of the London Transport Users’ Committee; or
F692(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F693(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F690S. 389(1)(c) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F691Words in s. 389(1)(d) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 54; S.I. 2011/3019, art. 3, Sch. 1
F692S. 389(5)(c) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F693S. 389(6) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
Marginal Citations
(1)The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to any person the function of administering a scheme made under section 1 of the M320Superannuation Act 1972, so far as relating to employees of any of the bodies specified in section 389(1) above.
(2)A person to whom the function of administering a scheme made under section 1 of the M321Superannuation Act 1972 is delegated under subsection (1) above may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person.
(3)Where a person is authorised under subsection (2) above to exercise the function of administering a scheme made under section 1 of the M322Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.
(4)Subsection (3) above does not apply for the purposes of—
(a)any criminal proceedings against the authorised person (or any employee of his); or
(b)any contract between him and the person who authorised him, so far as relating to the function.
Textual Amendments
F694S. 391 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)
(1)In Schedule 1 to the M323Stock Transfer Act 1982 (specified securities) paragraph 7 (securities issued by local authorities etc) shall be amended as follows.
(2)In sub-paragraph (1), at the end of paragraph (ba) there shall be inserted “ or ” and paragraph (c) (which relates to the Receiver for the Metropolitan Police District) and the word “or” immediately preceding it shall cease to have effect.
(3)In sub-paragraph (2) (which defines “local authority”) in paragraph (a)—
(a)after “namely,” there shall be inserted “ the Greater London Authority, ”; and
(b)after “Common Council of the City of London” there shall be inserted “ , a functional body (within the meaning of the Greater London Authority Act 1999), ”.
Commencement Information
I75S. 392 wholly in force at 3.7.2000; s. 392 not in force at Royal Assent see s. 425(2); s. 392 in force at 8.5.2000 for the purposes of (3)(a) by S.I. 1999/3434, art. 3; s. 392 in force at 3.7.2000 for the purposes of (3)(b) by S.I. 1999/3434, art. 4; s. 392 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Marginal Citations
(1)In Part V of the M324Local Government and Housing Act 1989 (companies in which local authorities have interests) section 67 (application of, and orders under, the Part) shall be amended as follows.
(2)In subsection (3) (which specifies the bodies which are local authorities for the purposes of the Part) after paragraph (b) there shall be inserted—
“(bb)the Greater London Authority;
(bc)a functional body, within the meaning of the Greater London Authority Act 1999;”.
Commencement Information
I76S. 393 wholly in force at 3.7.2000; s. 393 not in force at Royal Assent see s. 425(2); s. 393 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 393 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4
Marginal Citations
(1)Section 25(1) of the M325Local Government Act 1974 (which specifies the bodies which are subject to investigation under Part III of that Act) shall be amended as follows.
F695(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)After paragraph (c) there shall be inserted—
“(cza)the London Fire and Emergency Planning Authority;”.
(4)After paragraph (ca) (police authority established under section 3 of the Police Act 1996) there shall be inserted—
“(caa)the Metropolitan Police Authority;”
(5)After paragraph (cb) there shall be inserted—
“(cc)Transport for London; and”.
F696(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F695S. 394(2) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F696S. 394(6) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
Marginal Citations
(1)Subject to the following provisions of this section, the functional bodies shall provide the Mayor with such information, advice and assistance as he may by notice request.
(2)The information, advice or assistance that may be requested under subsection (1) above is such information, advice or assistance as the Mayor may reasonably require for the purpose of discharging functions of the Authority which are exercisable by him.
(3)The Secretary of State may by order—
(a)prescribe categories of information which a functional body may refuse to provide to the Mayor under subsection (1) above, or
(b)impose further limitations on the exercise of the powers conferred on the Mayor by subsection (1) above.
Commencement Information
I77S.395 wholly in force at 3.7.2000: s.395 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2); s. 395 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)The Authority—
(a)may carry out, or assist in carrying out, investigations into, or the collection of information relating to, any matters concerning Greater London or any part of it; and
(b)may make, or assist in making, arrangements whereby any such information is, or the results of any such investigation are, made available to any government department, any local authority in Greater London, any other body or person, or the public.
(2)The Secretary of State may make regulations requiring the Authority to carry out, or assist in carrying out, under subsection (1)(a) above investigations into, or the collection of information relating to, such matters as may be specified in the regulations or matters of such a description as may be so specified.
(3)Regulations under subsection (2) above may make provision requiring the Authority to make, or assist in making, arrangements whereby any such information is, or the results of any such investigation are, made available to—
(a)government departments;
(b)bodies or persons specified, or of a description specified, in the regulations; or
(c)the public.
(4)The Secretary of State may make regulations requiring the Authority to make, or assist in making, arrangements whereby information falling within subsection (5) below which is in the possession of the Authority is made available to any of the bodies and persons mentioned in subsection (3)(a) to (c) above.
(5)The information which falls within this subsection is—
(a)information collected, or the result of any investigation carried out, by the Authority under subsection (1)(a) above, and
(b)information collected, or the result of any investigation carried out, other than by the Authority which has been transferred to the Authority by virtue of an order under section 408 below or a scheme under section 409 below.
(6)Any functions conferred or imposed on the Authority by or under this section shall be exercisable by the Mayor acting on behalf of the Authority.
(7)Subsection (6) above does not apply in relation to any function expressly conferred or imposed on the Assembly by regulations under subsection (2) above.
(8)The Mayor shall from time to time, and at least once in every year, consult each London borough council and the Common council about the exercise of the Authority’s functions under subsection (1) above.
(9)Before making any regulations under subsection (2) above, the Secretary of State shall consult the Mayor, the Assembly, every London borough council and the Common Council.
(10)Any scheme made for Greater London under subsection (1) of section 88 of the M326Local Government Act 1985 (research and collection of information) is revoked by this subsection.
(11)In that section—
(a)in subsection (1), the words “Greater London or”, and
(b)subsection (12)(a),
shall cease to have effect.
(12)After subsection (13) of that section (power of London borough councils etc to exercise functions described in subsection (1)(a) and (b) of that section) there shall be inserted—
“(13A)In the application of subsection (13) above in relation to a London borough council or the Common Council, paragraphs (a) and (b) of subsection (1) above shall have effect with the substitution of “Greater London” for “that area”.”
Commencement Information
I78S.396 wholly in force at 8.5.2000; s.396 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2); s. 396(10)-(12) in force (1.4.2000) by S.I. 2000/801, art. 2(2)(a), Sch. Pt. 1; s. 396 in force (8.5.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
Marginal Citations
(1)The Mayor may make schemes for the collection of information relating to any matters concerning Greater London or any part of it.
(2)The schemes that may be made under this section include schemes under which each London local authority must provide to the Mayor, in accordance with the scheme, information—
(a)required by the Mayor to be provided; and
(b)falling within such description of information as is specified in the scheme.
(3)A scheme under this section may be made only after consultation with each London local authority.
(4)A scheme under this section shall have effect so as to be binding on all the London local authorities only if at least two-thirds of those authorities give their agreement to the scheme.
(5)A scheme under this section shall state whether or not it is to remain in effect indefinitely and, if it is not to remain in effect indefinitely, shall state the period for which it is to remain in effect.
(6)A scheme under this section may include provision relating to—
(a)the method by which information to be collected or provided under the scheme is to be analysed;
(b)the form in which such information is to be collected or provided;
(c)the ownership of information collected or provided under the scheme;
(d)the method by which information is to be transferred or stored under the scheme;
(e)the persons to whom information collected or provided under the scheme may, or must not, be disclosed;
(f)bearing the costs of the scheme.
(7)The provision which may be made by virtue of subsection (6)(f) above includes in particular provision—
(a)for the costs of collecting or providing information of a description specified in the scheme to be borne by the Mayor or a London local authority or by both the Mayor and a London local authority in such proportions as may be specified by or under the scheme;
(b)for the recovery of costs related to the scheme by the Mayor from a London local authority, by a London local authority from the Mayor or by a London local authority from another such authority.
(8)A scheme under this section may contain such supplementary provision as the Mayor considers necessary or expedient.
(9)The powers of the Mayor under this section are without prejudice to any other power of the Mayor under or by virtue of this Act to require any London local authority to provide information.
(10)For the purposes of this section “London local authority” means a London borough council or the Common Council.
(1)Where—
(a)a scheme is made by virtue of subsection (2) of section 397 above, but
(b)the agreement of at least two-thirds of the London local authorities is not given to the scheme as mentioned in subsection (4) of that section,
the Mayor may apply to the Secretary of State for a direction that the scheme is to have effect so as to be binding on all those authorities.
(2)A direction by the Secretary of State under subsection (1) above shall specify the date from which the scheme is to have effect by virtue of the direction.
(3)Before giving a direction under subsection (1) above the Secretary of State shall consult each London local authority and may give such a direction only if he considers—
(a)that the provision of information of the description which may be required by the Mayor to be provided under the scheme is necessary for the exercise of functions of the Authority; and
(b)that the provisions of the scheme will not impose an unreasonable financial burden on the London local authorities.
(4)For the purposes of any scheme made by virtue of subsection (2) of section 397 above each London local authority shall have power to collect any information which is required to be provided by that authority to the Mayor under the scheme.
(5)For the purposes of this section a London local authority means a London borough council or the Common Council.
(1)A scheme under section 397 above may at any time—
(a)be revoked by the Mayor; or
(b)be varied by the Mayor in accordance with the terms of the scheme or by agreement between the Mayor and at least two-thirds of the London local authorities.
(2)Before deciding whether to revoke or vary a scheme by virtue of subsection (1) above the Mayor shall consult each London local authority.
(3)Where the Mayor revokes or varies a scheme by virtue of subsection (1) above he shall notify each London local authority of the revocation or variation.
(4)For the purposes of this section “London local authority” means a London borough council or the Common Council.
(1)Section 1 of the M327Local Government (Overseas Assistance) Act 1993 (power of local authorities to provide advice and assistance overseas) shall be amended as follows.
F697(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In subsection (9)(a) (authorities given power to provide assistance) after “Wales,” there shall be inserted “ the Greater London Authority, ”.
Textual Amendments
F697S. 400(2) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
Marginal Citations
Textual Amendments
F698S. 401 cross-heading substituted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 52(2), 59(4)(b); S.I. 2008/113, art. 2(k)
(1)The Secretary of State shall be under a duty to provide accommodation for—
(a)the Authority, and
(b)each of the functional bodies,
during the period of five years beginning with the day on which this Act is passed.
(2)If the Secretary of State is satisfied that appropriate accommodation is available or has been provided for a body falling within paragraph (a) or (b) of subsection (1) above, he may by order make provision substituting for the period for the time being specified in that subsection as it has effect in relation to that body such shorter period as he may determine.
(3)Where the Secretary of State—
(a)has made an order under subsection (2) above in the case of any body, but
(b)subsequently considers that it is necessary, expedient or desirable to extend the period for the time being specified in subsection (1) above as it has effect in relation to that body,
he may by order make provision substituting for that period (whether or not it has expired) such longer period as he may determine, ending not later than the period of five years beginning with the day on which this Act is passed.
(4)The Secretary of State need not provide accommodation for a body under subsection (1) above during any period as respects which that body has notified him that it does not require him to provide accommodation for it.
(5)The provision of accommodation under subsection (1) above shall be on such financial and other terms as the Secretary of State may determine.
Commencement Information
I79S. 401 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that this Act comes into force at Royal Assent in regard to any power of a Minister of the Crown to make regulations or an order; s. 401 in force at 12.1.2000 by S.I. 1999/3434, art. 2
(1)In this section “[F700relevant London authority]” means any of the following—
(a)the Authority,
(b)any functional body[F701,
(c)the London Pensions Fund Authority,
(d)the London Transport Users' Committee,
(e)the Commissioner of Police of the Metropolis, and
(f)such person or body falling within subsection (1A) as the Secretary of State may specify by order.]
[F702(1A)A person or body falls within this subsection if the person or body exercises functions of a public nature in relation only to—
(a)Greater London,
(b)a part of Greater London, or
(c)a part of England including Greater London or a part of Greater London.]
(2)Arrangements may be entered into by [F703relevant London authorities] for the provision of administrative, professional or technical services by any one or more of them to any one or more of them, whether for consideration or otherwise.
(3)The arrangements that may be entered into under subsection (2) above include arrangements for the discharge by any one or more [F704relevant London authorities] on behalf of any other [F705relevant London authority] of any functions of that other which are of an administrative, professional or technical nature.
(4)Any two or more [F706relevant London authorities] may establish a joint committee for the purposes of subsection (2) above.
(5)A joint committee established under subsection (4) above is to be treated for the purposes of subsections (2) and (3) above as a [F707relevant London authority] separate and distinct from the [F708relevant London authorities] by which it is established.
(6)The Mayor must consult the Assembly before exercising any power conferred on the Authority by this section.
[F709(6A)The Secretary of State must consult a person or body before making an order under subsection (1)(f) specifying that person or body.]
(7)The Secretary of State may by order amend this section so as to extend or restrict the services or functions to which it applies.]
Textual Amendments
F699S. 401A inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 52(1), 59(4)(b); S.I. 2008/113, art. 2(k)
F700Words in s. 401A(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 230(2)(a), 240(2); S.I. 2012/57, art. 4(1)(dd) (with arts. 6, 7, 9-11)
F701Ss. 401A(1)(c)-(f) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 230(2)(b), 240(2); S.I. 2012/57, art. 4(1)(dd) (with arts. 6, 7, 9-11)
F702S. 401A(1A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 230(3), 240(2); S.I. 2012/57, art. 4(1)(dd) (with arts. 6, 7, 9-11)
F703Words in s. 401A(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 230(4), 240(2); S.I. 2012/57, art. 4(1)(dd) (with arts. 6, 7, 9-11)
F704Words in s. 401A(3) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 230(5)(a), 240(2); S.I. 2012/57, art. 4(1)(dd) (with arts. 6, 7, 9-11)
F705Words in s. 401A(3) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 230(5)(b), 240(2); S.I. 2012/57, art. 4(1)(dd) (with arts. 6, 7, 9-11)
F706Words in s. 401A(4) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 230(6), 240(2); S.I. 2012/57, art. 4(1)(dd) (with arts. 6, 7, 9-11)
F707Words in s. 401A(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 230(7)(a), 240(2); S.I. 2012/57, art. 4(1)(dd) (with arts. 6, 7, 9-11)
F708Words in s. 401A(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 230(7)(b), 240(2); S.I. 2012/57, art. 4(1)(dd) (with arts. 6, 7, 9-11)
F709S. 401A(6A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 230(8), 240(2); S.I. 2012/57, art. 4(1)(dd) (with arts. 6, 7, 9-11)
(1)For each financial year the London Pensions Fund Authority (“the LPFA”) shall prepare—
(a)a statement containing a draft budget for the LPFA for that financial year and specifying the amount of any levy which the LPFA proposes to make on any class of authority in respect of that year by virtue of any levying bodies regulations; and
(b)a statement of the LPFA’s strategic plans and objectives for that financial year and the two following financial years;
and shall submit those statements to the Mayor on or before 31st December in the preceding financial year.
(2)If—
(a)the Mayor gives the LPFA any comments on a statement submitted in accordance with subsection (1)(a) above, and
(b)those comments are given on or before 31st January immediately following the submission of the statement,
the LPFA shall have regard to the comments in setting its budget for the financial year to which the statement relates.
(3)In this section—
“levying bodies regulations” means regulations (at the passing of this Act, the M328Levying Bodies (General) Regulations 1992)—
made under section 74(2) of the M329Local Government Finance Act 1988; and
having effect in relation to the LPFA by reason of a levying power which the LPFA would have, apart from section 117 of that Act;
“levying power” means a power to make a levy conferred by or under any Act other than the M330Local Government Finance Act 1988 (at the passing of this Act, the power conferred by article 4 of the M331London Government Reorganisation (Pensions etc.) Order 1989);
“net expenditure”, in relation to the LPFA, means all expenditure and costs incurred by the LPFA less receipts (if any), but excluding—
any expenditure or costs payable out of, or
any receipts which fall to be credited to,
the superannuation fund maintained by the LPFA under regulations under section 7 of the M332Superannuation Act 1972.
(4)This section has effect in relation to financial years beginning on or after 1st April 2001.
Marginal Citations
(1)The functions conferred or imposed on the Secretary of State under or by virtue of the provisions of Schedule 1 to the M333London Government Reorganisation (Pensions etc.) Order 1989 (“the 1989 Order”) specified in subsection (2) below are transferred to the Mayor by this subsection.
(2)Those provisions are—
(a)paragraph 1 (appointment of members etc);
(b)paragraph 2(b) (which makes provision about tenure of office by applying paragraph 2 of Schedule 13 to the M334Local Government Act 1985);
(c)paragraph 2(c) (which makes provision about determinations relating to remuneration etc by applying paragraph 3 of that Schedule);
(d)paragraph 2(f) (which makes provision about reports and information by applying paragraph 10 of that Schedule).
(3)In the application of paragraph 3 of Schedule 13 to the M335Local Government Act 1985 (determinations relating to remuneration etc) by virtue of subsections (1) and (2)(c) above, sub-paragraph (5) (which requires the consent of the Treasury to any determination) shall be omitted.
(4)In the application of paragraph 10 of that Schedule (reports and information) by virtue of subsections (1) and (2)(d) above, in sub-paragraph (2) (which requires the authority to send a copy of its annual report to the Secretary of State, and the Secretary of State to lay copies of it before Parliament) the words from “and the Secretary of State” to the end of the sub-paragraph shall be omitted.
(5)Any appointment—
(a)made by the Secretary of State under sub-paragraph (1) or (2) of paragraph 1 of Schedule 1 to the 1989 Order, and
(b)in force immediately before the coming into force of subsection (1) above, so far as relating to subsection (2)(a) above,
shall have effect as from the coming into force of subsection (1) above, so far as so relating, as an appointment made by the Mayor under and in accordance with that sub-paragraph (and subject accordingly to the provisions of paragraphs 2 and 3 of Schedule 13 to the M336Local Government Act 1985 as they have effect by virtue of subsections (1) and (2)(b) or (c) above).
Textual Amendments
F710Ss. 403A, 403B and cross-heading inserted (E.W.) (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 36(2), 46(1); S.I. 2017/936, reg. 3(f)
(1)This section applies where the Authority and Transport for London agree that the purposes for which they may acquire land compulsorily under—
(a)section 333ZA of this Act, and
(b)paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980,
would be advanced by one or both of them acquiring land for a joint project.
(2)The purposes for which the Authority may acquire land compulsorily under section 333ZA(1) are to be read as if they included the purposes for which Transport for London may acquire land compulsorily.
(3)The purposes for which Transport for London may acquire land compulsorily under paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 are to be read as if they included the purposes for which the Authority may acquire land compulsorily.
(4)The Authority and Transport for London may agree that one of them is to acquire land on behalf of the other.
(5)Where subsection (4) applies, a compulsory acquisition is to proceed under—
(a)section 333ZA if it is agreed that the Authority will acquire the land, or
(b)paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 if it is agreed that Transport for London will acquire the land.
(6)Subsection (7) applies where—
(a)the Authority and Transport for London both propose to acquire land compulsorily for a joint project, and
(b)the proposed compulsory acquisitions require authorisation by different confirming authorities.
(7)The proposed compulsory acquisitions are to be treated as requiring the joint authorisation of the confirming authorities.
(8)The Authority or Transport for London may acquire land by agreement for the same purposes as those for which that body may acquire land compulsorily by virtue of subsection (2) or (3).
(9)The joint project mentioned in subsection (1) is to be treated as the scheme for the purposes of the no-scheme principle in section 6A of the Land Compensation Act 1961 (impact of scheme to be disregarded when assessing value of land for compulsory purchase).
(1)This section applies where a Mayoral development corporation and Transport for London agree that the purposes for which they may acquire land compulsorily under—
(a)section 207 of the Localism Act 2011, and
(b)paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980,
would be advanced by one or both of them acquiring land for a joint project.
(2)The purposes for which the Mayoral development corporation may acquire land compulsorily under section 207 of the Localism Act 2011 are to be read as if they included the purposes for which Transport for London may acquire land compulsorily.
(3)The purposes for which Transport for London may acquire land compulsorily under paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 are to be read as if they included the purposes for which the Mayoral development corporation may acquire land compulsorily.
(4)The Mayoral development corporation and Transport for London may agree that one of them is to acquire land on behalf of the other.
(5)Where subsection (4) applies, a compulsory acquisition is to proceed under—
(a)section 207 of the Localism Act 2011 if it is agreed that the Mayoral development corporation will acquire the land, or
(b)paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 if it is agreed that Transport for London will acquire the land.
(6)Subsection (7) applies where—
(a)the Mayoral development corporation and Transport for London both propose to acquire land compulsorily for a joint project, and
(b)the proposed compulsory acquisitions require authorisation by different confirming authorities.
(7)The proposed compulsory acquisitions are to be treated as requiring the joint authorisation of the confirming authorities.
(8)The Mayoral development corporation or Transport for London may acquire land by agreement for the same purposes as those for which that body may acquire land compulsorily by virtue of subsection (2) or (3).
(9)The joint project mentioned in subsection (1) is to be treated as the scheme for the purposes of the no-scheme principle in section 6A of the Land Compensation Act 1961 (impact of scheme to be disregarded when assessing value of land for compulsory purchase).]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F711S. 404 repealed (5.4.2011) by Equality Act 2010 (c. 15), s. 216(3), Sch. 27 Pt. 1 (with ss. 6(4), 205); S.I. 2011/1066, art. 2(h)
(1)Any Minister of the Crown may by order make such amendments, repeals or revocations as appear to him to be appropriate in consequence of this Act, or of any regulations or orders under this Act,—
(a)in any enactment contained in an Act passed before the relevant day or in the Session in which that day falls; or
(b)in any subordinate legislation (including subordinate legislation made under or by virtue of this Act) made before the relevant day or in the Session in which that day falls.
(2)Any power of a Minister of the Crown by order or regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes—
(a)to apply with or without modifications,
(b)to extend, exclude or amend, or
(c)to repeal or revoke with or without savings,
any such enactment, or any instrument made under any such enactment, as is mentioned in subsection (1) above or any charter, whenever granted.
(3)The amendment by this Act of any provision is without prejudice to the exercise in relation to that provision of the powers conferred by this section.
(4)For the purposes of this section “the relevant day” means the earliest day on which—
(a)the Authority and the functional bodies are all in being, and
(b)London Regional Transport and the Receiver for the Metropolitan Police District have ceased to exist,
and any reference to an Act passed before that day includes a reference to this Act.
Commencement Information
I80S. 405: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order
(1)A Minister of the Crown may by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient—
(a)for the general purposes, or any particular purposes, of this Act;
(b)in consequence of, or otherwise in connection with, any provision made by or under this Act;
(c)for giving full effect to this Act; or
(d)in consequence of such of the provisions of any other Act passed—
(i)before the relevant day, within the meaning of section 405 above, or
(ii)in the Session in which that day falls,
as apply to any area, or any body or person, affected by this Act.
(2)The provision that may be made by an order under this section includes provision—
(a)for requiring or enabling any body or person by whom any powers will, on a date specified by or under this Act, become exercisable by virtue of any provision made by or under this Act to take before that date any steps which are necessary or expedient as a preliminary to the exercise of those powers;
(b)for the making, before any date specified by or under this Act, of arrangements for securing the satisfactory operation on or after that date of any provision made by or under this Act and for defraying the cost of any such arrangements;
(c)for authorising or requiring the exercise by or in relation to any body or person before a date specified by or under this Act, and whether with or without modifications, of any functions under or by virtue of this Act which will become exercisable on or after that date by or in relation to other bodies or persons, and for defraying any costs incurred in connection with any such exercise;
(d)for requiring any body or person by whom any powers are exercisable before a date specified by or under this Act to refrain from exercising those powers on or after that date or to refrain from exercising them as respects a period beginning on or after that date.
Commencement Information
I81S. 406: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order
(1)Any functions under or by virtue of this Act which will become exercisable by a person or body other than the Secretary of State may, before they become so exercisable, be exercised by the Secretary of State for the purpose of appointing such persons as he considers necessary to secure that any provision made by or under this Act operates satisfactorily when it comes into force.
(2)The Secretary of State may defray any costs which are incurred in the exercise of the functions mentioned in subsection (1) above.
(3)In exercising the functions mentioned in subsection (1) above, the Secretary of State may appoint a person on such terms and conditions (including conditions as to remuneration) as the Secretary of State thinks fit.
(4)Any such terms and conditions may include provision to the effect that the person concerned—
(a)is, or is not, to be or become a member of a particular pension scheme, or
(b)is, or is not, to be treated as employed in the civil service of the State.
(1)A Minister of the Crown may by order make provision for or in connection with the transfer to any body or person falling within subsection (2) below of such property, rights or liabilities of a body or person falling within subsection (3) below as he may consider appropriate.
(2)The bodies and persons falling within this subsection are—
(a)the Authority;
(b)any functional body;
(c)any subsidiary of Transport for London;
(d)London Regional Transport or any subsidiary of London Regional Transport;
(e)any local authority or the Common Council;
[F712(f)a police and crime commissioner;]
(g)the London Transport Users’ Committee;
(h)any Minister of the Crown or government department;
(i)any body or person, or the holder of any office, established by or under this Act and not falling within the preceding paragraphs of this subsection.
(3)The bodies and persons falling within this subsection are—
(a)any Minister of the Crown or government department;
(b)any London borough council or the Common Council;
(c)London Regional Transport or any subsidiary of London Regional Transport;
(d)any company all the shares in which are held by a Minister of the Crown;
(e)the Receiver for the Metropolitan Police District;
(f)the Commissioner of Police of the Metropolis;
[F713(g)Natural England;]
[F714(ga)an urban development corporation for an urban development area all or part of which is in Greater London;
F715(gb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F716(gc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F717(gd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F718(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F719(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)any body or person, or the holder of any office, for whose abolition or dissolution provision is made by or under this Act and which does not fall within the preceding paragraphs of this subsection.
(4)The power conferred by subsection (1) above is exercisable—
(a)for the general purposes, or any particular purposes, of this Act;
(b)in consequence of, or otherwise in connection with, any provision made by or under this Act;
(c)for giving full effect to this Act; or
(d)in consequence of such of the provisions of any other Act passed—
(i)before the relevant day, within the meaning of section 405 above, or
(ii)in the Session in which that day falls,
as apply to any area, or any body or person, affected by this Act.
F720(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F721(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)An order under subsection (1) above may make provision for or in connection with—
(a)the grant or creation of an estate or interest in, or right over, any land or other property,
(b)the grant or creation of any other rights, or
(c)the imposition of liabilities,
in favour of, or on, any body or person falling within subsection (2) above or any body or person falling within subsection (3) above.
(8)An order under subsection (1) above may make provision for transfers to take effect at such time of day as may be specified in the order.
[F722(8A)An order under subsection (1) above may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).]
F723[F724(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F723(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)In this section “urban development corporation” means a corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.]
Textual Amendments
F712S. 408(2)(f) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 56; S.I. 2012/2892, art. 2(i)
F713S. 408(3)(g) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 152; S.I. 2006/2541, art. 2 (with Sch.)
F714S. 408(3)(ga)-(gd) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 51(2)
F715S. 408(3)(gb) omitted (2.12.2014) by virtue of The Olympic Delivery Authority (Dissolution) Order 2014 (S.I. 2014/3184), art. 1(2), Sch. para. 13(a)
F716S. 408(3)(gc) omitted (2.12.2014) by virtue of The Olympic Delivery Authority (Dissolution) Order 2014 (S.I. 2014/3184), art. 1(2), Sch. para. 13(a)
F717S. 408(3)(gd) omitted (2.12.2014) by virtue of The Olympic Delivery Authority (Dissolution) Order 2014 (S.I. 2014/3184), art. 1(2), Sch. para. 13(a)
F718S. 408(3)(h) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 75(2), Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3), 5, Sch. (with arts. 6-13)
F719S. 408(3)(i) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 75(2), Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3), 5, Sch. (with arts. 6-13)
F720S. 408(5) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F721S. 408(6) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 75(3), Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3), 5, Sch. (with arts. 6-13)
F722S. 408(8A) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(7), 57(5)(e)
F723S. 408(9)(10) omitted (2.12.2014) by virtue of The Olympic Delivery Authority (Dissolution) Order 2014 (S.I. 2014/3184), art. 1(2), Sch. para. 13(b)
F724S. 408(9)-(11) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 51(3)
Commencement Information
I82S. 408: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order
(1)A Minister of the Crown may make schemes for the transfer from the Crown to one or more bodies or persons falling within subsection (2) of section 408 above of such property, rights or liabilities as he may consider appropriate.
[F725(1A)A Minister of the Crown may make a scheme for the transfer from the Authority to the Crown of such property, rights or liabilities as the Minister of the Crown may consider appropriate in consequence of the revocation of a delegation under section 39A(1) above of a function of any Minister of the Crown.]
(2)A Minister of the Crown may by directions require a body or person falling within subsection (3) of section 408 above to make one or more schemes for the transfer to a body or person falling within subsection (2) of that section of such property, rights or liabilities as he may consider appropriate.
(3)The powers conferred by subsection (1) or (2) above are exercisable—
(a)for the general purposes, or any particular purposes, of this Act;
(b)in consequence of, or otherwise in connection with, any provision made by or under this Act;
(c)for giving full effect to this Act; or
(d)in consequence of such of the provisions of any other Act passed—
(i)before the relevant day, within the meaning of section 405 above, or
(ii)in the Session in which that day falls,
as apply to any area, or any body or person, affected by this Act.
F726(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F727(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)A scheme under subsection (1) [F728, (1A)] or (2) above may make any provision that may be made by order under subsection (1) of section 408 above.
(7)A scheme under subsection (1) [F729, (1A)] or (2) above may make any provision that may be made by order under subsection (1) of section 411 below.
(8)Accordingly, the bodies or persons in relation to which provision may be made by virtue of subsection (7) above are not restricted to those falling within subsection (2) or (3) of section 408 above.
[F730(8A)A scheme under subsection (1) or (2) above may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).]
(9)Schedule 31 to this Act (which makes provision in relation to schemes under this section) shall have effect.
Textual Amendments
F725S. 409(1A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 223(3)(a), 240(2); S.I. 2012/57, art. 4(1)(cc) (with arts. 6, 7, 9-11)
F726S. 409(4) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F727S. 409(5) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 76, Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3), 5, Sch. (with arts. 6-13)
F728Words in s. 409(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 223(3)(b), 240(2); S.I. 2012/57, art. 4(1)(cc) (with arts. 6, 7, 9-11)
F729Words in s. 409(7) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 223(3)(b), 240(2); S.I. 2012/57, art. 4(1)(cc) (with arts. 6, 7, 9-11)
F730S. 409(8A) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(8), 57(5)(e)
(1)The provision that may be made by transfer instrument includes provision for or in connection with the transfer of—
(a)rights and liabilities under contracts of employment; or
(b)members of police forces and other persons in relation to whom paragraph (a) above does not apply.
(2)Subsections (3) to (5) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.
(3)Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.
(4)For the purposes of Part XI of the M337Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.
(5)For the purposes of that Act, the employee’s period of employment with the transferor shall count as a period of employment with the transferee, and the change of employment shall not break the continuity of the period of employment.
(6)In this section—
(a)any reference to anything made or done by or in relation to the transferor includes a reference to anything which is treated by virtue of any enactment as having been made or done by or in relation to the transferor; and
(b)any reference to an employee’s period of employment with the transferor shall be construed accordingly.
(7)In the application of this section to a person employed in the civil service of the State—
(a)any reference to employment includes a reference to employment in that service;
(b)any reference to a contract of employment includes a reference to the terms of that employment; and
(c)any reference to dismissal includes a reference to the termination of that employment.
(8)Where a transfer instrument makes provision for or in connection with a transfer falling within subsection (1)(b) above, the provision that may be made includes provision for or in connection with applying subsections (3) to (7) above (with or without modifications) in relation to or otherwise in connection with the transfer.
(9)In this section “transfer instrument” means—
(a)an order under section 408 above; or
(b)a scheme under section 409 above.
Commencement Information
I83S. 410 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that this Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 410 in force at 12.1.2000 by S.I. 1999/3434, art. 2
Marginal Citations
(1)A Minister of the Crown may by order make provision with respect to the provision of pensions for or in respect of persons who are or have been employees of, or of subsidiaries of,—
(a)any of the bodies or persons falling within subsection (2) of section 408 above;
(b)any of the bodies or persons falling within subsection (3) of that section; or
(c)any body or person whose undertaking, or part of whose undertaking, has been transferred by or under any enactment to a body or person falling within paragraph (b) above.
(2)The provision that may be made by virtue of subsection (1) above includes provision for or in connection with—
(a)the establishment of pension schemes or pension funds;
(b)the administration or management of pension schemes or pension funds;
(c)enabling persons to participate, or continue to participate, in any pension scheme and requiring their employers to make contributions under that scheme;
(d)the rates, or the variation of the rates, of contributions to be made under any pension scheme, whether by employees or employers;
(e)the re-arrangement, amalgamation, simplification or assimilation of pension schemes.
(3)An order under subsection (1) above may make provision for or in connection with—
(a)the alteration or winding up of any pension scheme or pension fund, whether in whole or in part;
(b)the variation of any trust;
(c)the transfer of the whole or any part of any pension fund or of any rights, obligations or liabilities under a pension scheme;
(d)the persons by whom any function under or relating to the scheme is to be exercisable;
(e)establishing a body to administer or assist in administering a pension scheme;
(f)enabling all or any of the participants in a pension scheme to become instead participants in another pension scheme;
(g)empowering the persons responsible for administering a pension scheme to carry out arrangements for the participation in the scheme of a person who has been an employee of, or of a subsidiary of, a body or person falling within paragraph (b) or (c) of subsection (1) above;
(h)the amendment of a pension scheme;
(i)the manner in which questions arising under the order are to be determined.
(4)An order under subsection (1) above may amend—
(a)the trust deed of any pension scheme;
(b)the rules of any such scheme; or
(c)any other instrument relating to the constitution, management or operation of any such scheme;
and any reference in this section to the amendment of a pension scheme includes a reference to the amendment of any such trust deed, rules or other instrument.
(5)An order under subsection (1) above may make provision for or in connection with cases where a person who, having pension rights to which such an order relates, becomes—
(a)the Mayor or an Assembly member;
(b)a member of a body or person falling within subsection (2) of section 408 above; or
(c)a director of a subsidiary of such a body or person.
(6)The provision that may be made by virtue of subsection (5) above includes, in particular, provision for or in connection with—
(a)treating a person’s service as such a member or director as service in the employment of, or of a subsidiary of, such a body or person; or
(b)treating two or more periods of service as continuous.
(7)An order under this section may be made so as to have effect from a date prior to the making of the order.
(8)An order under this section may only be made after consultation with the trustees or managers, or the administrators, of any pension fund or pension scheme to which the order relates.
F731(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)Schedule 32 to this Act (which makes provision in relation to schemes for the provision of pensions or other benefits for or in respect of employees etc of London Regional Transport and its subsidiaries) shall have effect.
(11)In this section—
“instrument” includes an enactment or any subordinate legislation;
“pension” means a pension of any kind payable to or in respect of a person and includes—
a lump sum, allowance or gratuity so payable; and
a return of contributions, with or without interest or other addition;
“pension rights” includes—
all forms of right to or eligibility for the present or future payment of a pension to or in respect of a person; and
a right of allocation in respect of the present or future payment of a pension;
“pension scheme” means an occupational pension scheme, as defined in section 1 of the M338Pension Schemes Act 1993.
Textual Amendments
F731S. 411(9) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 57; S.I. 2011/3019, art. 3, Sch. 1
Commencement Information
I84S. 411: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order
Marginal Citations
(1)The property, rights and liabilities which may be transferred by a transfer or pension instrument include—
(a)property, rights and liabilities that would not otherwise be capable of being transferred or assigned; and
(b)rights and liabilities under enactments.
(2)No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property shall operate or become exercisable as a result of any transfer of land or other property by virtue of a transfer or pension instrument (whether or not any consent required to the transfer has been obtained).
(3)No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document, shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a transfer or pension instrument.
(4)For purposes connected with any transfers made by virtue of a transfer or pension instrument (including the transfer of rights and liabilities under an enactment) a body or person to which anything is transferred by virtue of the instrument is to be treated as the same person in law as the body or person from which it is transferred, except as otherwise provided in the instrument.
(5)Subsection (4) above is without prejudice to section 300 above, section 415 below or any other provision made by or under this Act which makes transitional provision in relation to a transfer.
(6)Subsections (2) to (5) above shall have effect in relation to—
(a)the grant or creation of an estate or interest in, or right over, any land or other property, or
(b)the doing of any other thing in relation to land or other property,
as they have effect in relation to a transfer of land or other property.
(7)A transfer or pension instrument may define the property, rights and liabilities to be transferred by it—
(a)by specifying or describing them;
(b)by referring to all (or all but so much as may be excepted) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor; or
(c)partly in the one way and partly in the other.
(8)A transfer or pension instrument may make provision for the apportionment or division of any property, rights or liabilities.
(9)Where a transfer or pension instrument makes provision for the apportionment or division between two or more persons of any rights or liabilities under a contract, the contract shall have effect, as from the coming into force of the provision, as if it constituted two or more separate contracts separately enforceable by and against each of those persons respectively as respects the part of the rights or liabilities which falls to him as a result of the apportionment or division.
(10)The provision that may be made by a transfer or pension instrument includes provision for—
(a)any transfer of land or other property by virtue of the instrument,
(b)the grant or creation of any estate or interest in, or right over, any land or other property by virtue of the instrument, or
(c)the doing of any other thing in relation to land or other property by virtue of the instrument,
to be on such terms, including financial terms, as the body or person making the instrument thinks fit.
(11)A transfer or pension instrument, other than an order under section 411 above, may provide—
(a)that disputes as to the effect of the instrument between the transferor and any transferee are to be referred to such arbitration as may be specified in or determined under the instrument;
(b)that determinations on such arbitrations and certificates given jointly by the transferor and any transferee as to the effect of the instrument as between them are to be conclusive for all purposes.
(12)A Minister of the Crown may by order confer on any body or person to whom property, rights or liabilities are transferred by a transfer or pension instrument any statutory functions which were previously exercisable in relation to that property or, as the case may be, those rights or liabilities—
(a)by a body or person falling within subsection (3) of section 408 above; or
(b)in the case of a transfer under or by virtue of section 411 above, the transferor under the instrument.
(13)It shall be the duty—
(a)of each of the bodies and persons falling within subsection (2) or (3) of section 408 above, and
(b)of the trustees or managers, or administrators, of any pension scheme,
to provide any Minister of the Crown with such information or assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any powers exercisable by him in relation to transfer or pension instruments.
(14)Where any person is entitled, in consequence of any transfer made by virtue of a transfer or pension instrument, to possession of a document relating in part to the title to, or to the management of, any land or other property in England and Wales—
(a)the instrument may contain provision for treating that person as having given another person an acknowledgment in writing of the right of that other person to the production of the document and to delivery of copies thereof; and
(b)section 64 of the M339Law of Property Act 1925 (production and safe custody of documents) shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.
(15)In this section—
“relevant document” means—
any enactment, other than an enactment contained in this Act;
any subordinate legislation made otherwise than under this Act; or
any deed or other instrument;
“transfer or pension instrument” means—
an order under section 408 or 411 above; or
a scheme under section 409 above.
Commencement Information
I85S. 412 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that the Act comes into force at Royal Assent in regards to any power of an Minister of the Crown to make regulations or an order; s. 412 in force at 12.1.2000 by S.I. 1999/3434, art. 2
Marginal Citations
(1)If, at any time after a transfer or pension instrument has come into force, a Minister of the Crown considers it appropriate to do so, he may by order provide that the instrument shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.
(2)An order under subsection (1) above may make such provision as could have been made by the transfer or pension instrument.
(3)An order under subsection (1) above may only be made after the requisite consultation.
(4)If, at any time after a scheme under section 409 above has come into force, a Minister of the Crown considers it appropriate to do so, he may by directions require a body or person falling within subsection (2) of section 408 above to prepare modifications to the scheme of such a description as may be specified in the directions.
(5)Where a body or person is required to prepare any modifications under subsection (4) above, the body or person shall submit the modifications to the Minister for his approval before such date as he may direct.
(6)Where any modifications are submitted under subsection (5) above, the Minister may approve them with or without amendment.
(7)Approval under subsection (5) above shall only be given after the requisite consultation.
(8)An approval under subsection (5) above shall take effect on such date as the Minister may specify in giving the approval.
(9)Where any modifications are made and approved under the preceding provisions of this section, whether with or without amendment, the scheme shall for all purposes be deemed to have come into force with those modifications, subject to any such amendment.
(10)For the purposes of this section, “the requisite consultation”—
(a)if or to the extent that the transfer or pension instrument concerned makes provision by virtue of the pension powers of this Part, is consultation with the trustees or managers, or the administrators, of any pension scheme affected; and
(b)if or to the extent that the transfer or pension instrument concerned makes provision otherwise than by virtue of the pension powers of this Part, is consultation with any body which, or person who, the Minister considers may be affected.
(11)In this section—
“approval” means approval in writing;
“the pension powers of this Part” means—
in the case of a scheme, section 409(7) above; and
in the case of an order, section 411 above;
“transfer or pension instrument” has the same meaning as in section 412 above.
Commencement Information
I86S. 413: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order
(1)This section applies in any case where a transfer or pension instrument provides for the transfer of any foreign property, rights or liabilities.
(2)It shall be the duty of the transferor and the transferee to take, as and when the transferee considers appropriate, all such steps as may be requisite to secure that the vesting in the transferee by virtue of the transfer or pension instrument of any foreign property, right or liability is effective under the relevant foreign law.
(3)Until the vesting in the transferee, by virtue of the transfer or pension instrument, of any foreign property, right or liability is effective under the relevant foreign law, it shall be the duty of the transferor to hold that property or right for the benefit of, or to discharge that liability on behalf of, the transferee.
(4)Nothing in subsections (2) and (3) above shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting in the transferee by virtue of a transfer or pension instrument of any foreign property, right or liability.
(5)The transferor shall have all such powers as may be requisite for the performance of his duty under this section, but it shall be the duty of the transferee to act on behalf of the transferor (so far as possible) in performing the duty imposed on the transferor by this section.
(6)References in this section to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.
(7)Duties imposed on the transferor or the transferee by this section shall be enforceable in the same way as if the duties were imposed by a contract between the transferor and the transferee.
(8)Any expenses incurred by the transferor under this section shall be met by the transferee.
(9)In this section “transfer or pension instrument” has the same meaning as in section 412 above.
Modifications etc. (not altering text)
C167S. 414(2)-(8) applied (16.1.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 15 para. 22(1); S.I. 2011/3019, art. 3, Sch. 1; S.I. 2012/2892, art. 2(h)
C168S. 414(2)-(8) applied (25.3.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), arts. 1(3), 7(1)
C169S. 414(2)-(8) applied (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 39
C170S. 414(2)-(8) applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 37
C171S. 414(2)-(8) applied (with modifications) (E.W.) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 9
(1)None of the following, that is to say—
(a)the abolition or dissolution by or under this Act of any body or office,
(b)the transfer, repeal or revocation by or under this Act of any functions, or
(c)the transfer by or under this Act of any property, rights or liabilities,
shall affect the validity of anything done before the abolition, dissolution, transfer, repeal or revocation takes effect.
(2)Subsections (3) to (5) below apply where any functions, property, rights or liabilities are transferred by or under this Act from a body or person (“the transferor”) to another body or person (“the transferee”).
(3)There may be continued by or in relation to the transferee anything (including legal proceedings) which—
(a)relates to any of the functions, property, rights or liabilities transferred, and
(b)is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.
(4)Anything which—
(a)was made or done by or in relation to the transferor for the purposes of or otherwise in connection with any of the functions, property, rights or liabilities transferred, and
(b)is in effect immediately before the transfer takes effect,
shall have effect as if made or done by or in relation to the transferee.
(5)The transferee shall be substituted for the transferor in any instruments, contracts or legal proceedings which—
(a)relate to any of the functions, property, rights or liabilities transferred, and
(b)are made or commenced before the transfer takes effect.
(6)Any reference in this section to anything made or done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to the transferor.
(7)Any question under this section as to—
(a)whether any particular functions, property, rights or liabilities are transferred by or under this Act, or
(b)the body to which, or person to whom, any particular functions, property, rights or liabilities are so transferred,
may be determined by a direction given by the Secretary of State.
(8)Subsections (1) to (7) above are without prejudice to any provision made by or under this Act in relation to any particular functions.
(9)Subsections (3) to (5) above do not apply in relation to the transfer of functions, property, rights and liabilities to the extent that the provision by which, or the order or instrument under which, the transfer is made provides otherwise.
(10)Nothing in this section shall be construed—
(a)as continuing in force any contract of employment; or
(b)as transferring any rights or liabilities relating to pensions.
Modifications etc. (not altering text)
C172S. 415 excluded (13.3.2000) by S.I. 2000/412, art. 5
C173S. 415(3)-(5) applied (with modifications) (3.7.2000) by S.I. 2000/1552, art. 6
(1)Where—
(a)provision is made by or under this Act for the repeal and re-enactment (with or without modifications) of any provision of the M340London Regional Transport Act 1984, and
(b)the provision as re-enacted (“the new provision”) comes into force before the repeal of the provision of the M341London Regional Transport Act 1984 (“the old provision”),
subsection (2) below shall apply.
(2)Where this subsection applies, the provision that may be made by the Secretary of State under or by virtue of any power to make transitional provision by order under any provision of this Part includes power to make provision—
(a)for any reference to the old provision in any relevant document to be construed as, or as including, a reference to the new provision, or
(b)for anything made or done, or having effect as if made or done, under or by virtue of the old provision, to have effect, to the extent that it could have been made or done under or by virtue of the new provision, as if made or done under or by virtue of the new provision,
notwithstanding that the repeal of the old provision has not come into force.
(3)In subsection (2) above “relevant document” means—
(a)any enactment;
(b)any instrument made under an enactment;
(c)any deed or other instrument;
(d)any agreement;
(e)any document not falling within the other paragraphs of this subsection.
(4)An order under subsection (2) above may make provision—
(a)in relation to all provisions falling within subsection (1)(b) above or such of those provisions as may be specified or described in the order; and
(b)generally or in relation to such cases or circumstances, or such relevant documents or descriptions of relevant documents, as may be so specified or described.
(5)Subsections (6) to (8) below have effect in relation to any agreement made by London Regional Transport under or by virtue of paragraph (a) of section 3(2A) of the M342London Regional Transport Act 1984 (whether or not the agreement is a transport subsidiary’s agreement or has effect as if made under or by virtue of section 156(3) of this Act by Transport for London).
(6)In the case of any such agreement—
(a)no provision of the agreement shall operate or cease to have effect, and
(b)no rights under the agreement shall operate or become exercisable,
by reason only that a statutory duty exercisable by any body or person (“the predecessor”) becomes exercisable instead by another body or person (“the transferee”) in consequence of any provision made by or under this Act for the repeal and re-enactment (with or without modifications) of the provision imposing the statutory duty.
(7)Accordingly, any such agreement shall continue in force and have effect as if the predecessor and the transferee were in law the same person and as if there had been no change in the body or person by whom the statutory duty is exercisable.
(8)In any such agreement, or any agreement made in connection with such an agreement, any reference to London Regional Transport’s duties under the M343London Regional Transport Act 1984 shall be taken as including a reference to the corresponding duties of Transport for London or the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) under this Act.
(9)This section is without prejudice to—
(a)any power conferred by any other provision of this Act; and
(b)sections 15 to 17 of the M344Interpretation Act 1978.
Commencement Information
I87S. 416 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 416 in force at 12.1.2000 by S.I. 1999/3434, art. 2
Marginal Citations
(1)Neither stamp duty nor stamp duty reserve tax shall be chargeable on, or in respect of,—
(a)a transfer instrument;
(b)an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as made in pursuance of a transfer instrument; or
(c)an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as giving effect to a preparatory reorganisation, to the extent that the instrument or agreement is so certified.
(2)No instrument or agreement which is certified as mentioned in paragraph (b) or (c) of subsection (1) above shall be taken to be duly stamped unless—
(a)it is stamped with the duty to which it would, but for that subsection, be liable; or
(b)it has, in accordance with section 12 of the M345Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.
(3)Section 12 of the M346Finance Act 1895 shall not operate to require—
(a)the delivery to the Inland Revenue of a copy of this Act, or
(b)the payment of stamp duty under that section on any copy of this Act,
and shall not apply in relation to any instrument on which, by virtue of subsection (1) above, stamp duty is not chargeable.
(4)In subsection (1) above, “transfer instrument” means—
(a)an order under section 408 or 411 above; or
(b)a scheme under section 409 above.
(5)In subsection (1) above “preparatory reorganisation” means the transfer of property, rights and liabilities—
(a)from London Regional Transport to any of its subsidiaries,
(b)from a subsidiary of London Regional Transport to London Regional Transport,
(c)from a subsidiary of London Regional Transport to another such subsidiary, or
(d)from a Minister of the Crown to London Regional Transport or any of its subsidiaries,
preparatory to any provision made or to be made by or under this Act.
(1)Section 64 of the M347London Regional Transport Act 1984 (stamp duty) shall be amended as follows.
(2)In subsection (7)(a) (which, among other things, provides an exemption in relation to transfers in pursuance of a scheme made under section 9(6) in compliance with a direction of the Secretary of State under section 10)—
(a)after “or to a transfer made in pursuance of” there shall be inserted “ , or otherwise in connection with, ”;
(b)after “section 9(6) of this Act” there shall be inserted “ (i) ”; and
(c)after “under section 10 of this Act; or” there shall be inserted—
“(ii)in preparation for, or in pursuance of, a PPP agreement, within the meaning of Chapter VII of Part IV of the Greater London Authority Act 1999, or a contract falling within paragraph 6(2) of Schedule 33 to that Act; or”.
(3)After subsection (7) there shall be inserted—
“(7A)Any reference in subsection (7)(a) above to a transfer includes—
(a)a reference to an agreement for a lease or underlease; and
(b)a reference to the grant of a lease or underlease.”
Marginal Citations
(1)The following bodies, namely—
(a)Transport for London,
(b)the [F732Mayor's Office for Policing and Crime], and
(c)[F733the London Fire and Emergency Planning Authority,]
[F733the London Fire Commissioner,]
shall each be treated as a local authority for the purposes of the enactments mentioned in subsection (2) below.
(2)The enactments are—
[F734(a)section 984 of the Corporation Tax Act 2010 (exemption of local authorities from corporation tax);]
[F735(aa)section 838 of the Income Tax Act 2007 (exemption of local authorities from income tax); and]
(b)section 271 of the M348Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).
(3)In sections 170 to 181 of the M349Taxation of Chargeable Gains Act 1992 (groups of companies) references to a company do not apply to Transport for London.
(4)Schedule 33 to this Act (which makes further provision about taxation) shall have effect.
Textual Amendments
F732Words in s. 419(1)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 58; S.I. 2011/3019, art. 3, Sch. 1
F733S. 419(1)(c) substituted (E.W.) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 12
F734S. 419(2)(a) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 306(a) (with Sch. 2)
F735S. 419(2)(aa) inserted (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 388(b) (with Sch. 2)
Marginal Citations
(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 [F736any of the following provisions]—
[F737(za)section 17A(3) above,]
(a)section 21(1)(b) above,
(b)section 31 above,
(c)section 326(1) above,
[F738(ca)section 401A(7),]
[F739(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;
[F740section 189;]
[F741section 243(7);]
[F742section 333DA(2);]
any provision of Part VIII of this Act;
section 396(2);
[F743paragraph 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;
[F744section 34A;]
[F745section 60A(5);]
section 63;
section 157;
section 158(4);
section 163;
section 207;
section 235(4);
F746...
[F747section 252E;]
section 326(1);
[F748section 361B(10);]
[F749section 376(11);]
[F750section 377A(5);]
section 395(3);
[F751section 401A(1)(f);]
section 405;
section 406;
section 408;
section 411;
section 412;
section 413;
[F745 paragraph 8(2) of Schedule 4A; ]
paragraph 7(3) of Schedule 12;
paragraph 9(1)(b) of Schedule 17;
paragraph 1 of Schedule 28.
[F752(8A)A statutory instrument which contains regulations under section 333DC shall be subject to annulment in pursuance of a resolution of the House of Commons.]
(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).
Textual Amendments
F736Words in s. 420(3) inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 38(2)(a), 52(3)(a), 59(4)(b); S.I. 2008/113, art. 2(k)
F738S. 420(3)(ca) substituted for word (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 52(3)(b), 59(4)(b); S.I. 2008/113, art. 2(k)
F739S. 420(3)(cc) substituted for word (E.W.) (23.10.2007 for specified purposes, 24.7.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 38(2)(b), 59(4)(b); S.I. 2008/2037, art. 2
F740Words in s. 420(7) inserted (E.W.) (1.2.2001 (E.) for specified purposes and for other purposes (E.) (1.4.2002) and otherwise prosp.) by 2000 c. 38, ss. 267(8), 275(1); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II); S.I. 2002/658, art. 2, Sch. Pt. 2
F741Words in s. 420(7) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 9(a); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F742Words in s. 420(7) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(9)(a), 57(5)(e)
F743Words in s. 420(7) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 9(b); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F744Words in s. 420(8) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 224(3), 240(2); S.I. 2012/57, art. 4(1)(cc) (with arts. 6, 7, 9-11)
F745Words in s. 420(8) inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 4(3), 59(4)(b); S.I. 2008/113, art. 2(a)
F746Words in s. 420(8) repealed (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 3; S.I. 2007/2799, arts. 2, 3 (with art. 4)
F747Words in s. 420(8) inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 6 para. 4(2); S.I. 2005/1909, art. 2, Sch.
F748Words in s. 420(8) inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 43(3), 59(4)(b); S.I. 2008/113, art. 2(i)
F749Words in s. 420(8) inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 50(6), 59(4)(b); S.I. 2008/113, art. 2(j)
F750Words in s. 420(8) inserted (E.W.) (23.10.2007 for specified purposes, 6.4.2008 so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 51(3), 59(4)(b); S.I. 2008/582, art. 2(d)
F751Words in s. 420(8) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 230(9), 240(2); S.I. 2012/57, art. 4(1)(dd) (with arts. 6, 7, 9-11)
F752S. 420(8A) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(9)(b), 57(5)(e)
Modifications etc. (not altering text)
C174S. 420 applied in part (E.W.) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 4(3)
C175S. 420 applied (with modifications) (E.W.) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 4(3)
C176S. 420 applied (E.W.) (8.5.2018) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(5), 11(3)
C177S. 420 applied (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 38(3) (with art. 9)
(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.
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.
The enactments mentioned in Schedule 34 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
Commencement Information
I88S. 423 partly in force; s. 423 not in force at Royal Assent see s. 425(2); s. 423 in force for certain purposes at 12.1.2000 by S.I. 1999/3434, art. 2; s. 423 in force for further certain purposes at 3.7.2000 by S.I. 1999/3434, art. 4, Sch. 2 Table 2; s. 423 in force for further certain purposes at 3.7.2000 by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3; s. 423 in force for further certain purposes (3.7.2000) by S.I. 2000/1648, art. 2, Sch.; s. 423 in force for further certain purposes (1.1.2001) by S.I. 2000/3379, art. 2(b) (subject to saving in art. 3)
I89S. 423 in force at 15.7.2003 for specified purposes by S.I. 2003/1920, art. 2(f)
(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 [F753 (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;
[F754“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;
[F755“the Fire etc Authority” has the meaning given by section 328(2);]
“functional body” means—
[F760“general health determinants” has the meaning given in section 309F above;]
“GLA road” has the same meaning as in the M350Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);
“GLA side road” has the same meaning as in the M351Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act);
“guidance” means guidance in writing;
[F754“Health Adviser” is to be read in accordance with sections 309A and 309B above;]
[F760“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 M352Local Government Act 1972;
“London member” shall be construed in accordance with section 2(2)(b) above;
“Mayor” means Mayor of London [F761 (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)[F762, 72(1), 73(1) or 127A(1)] above;
“Minister of the M353Crown” 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—
have been laid or announced before, or otherwise presented to, either House of Parliament; or
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 M354Local 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 M355Interpretation Act 1978 (see section 21(1) of that Act);
“subsidiary” has the meaning given [F763by 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.
Textual Amendments
F753Words in s. 424(1) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(16)(a), 59(4); S.I. 2007/3107, art. 3
F754Words in s. 424(1) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 21(2), 59(7); S.I. 2008/113, art. 2(d)
F755Words in s. 424(1) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 13(2)
F756Words in s. 424(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 52
F757Words in s. 424(1) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F758Words in s. 424(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 3(9), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F759Words in s. 424(1) substituted (E.W.) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 13(3)
F760Words in s. 424(1) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 22(2), 59(7); S.I. 2008/113, art. 2(d)
F761Words in s. 424(1) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(16)(b), 59(4); S.I. 2007/3107, art. 3
F762Words in s. 424(1) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(6), 59(7); S.I. 2008/113, art. 2(a)
F763Words in s. 424(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(6) (with art. 10)
Commencement Information
I90S. 424 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 424 in force for certain purposes at 14.12.1999 by S.I. 1999/3376, art. 2; s. 424 in force at 12.1.2000 insofar as not already in force by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 2)
Marginal Citations
(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.
F764(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.
Subordinate Legislation Made
P1S. 425 power partly exercised (8.12.1999): different dates appointed for specified provisions by S.I. 1999/3271, arts. 2-4
S. 425 power partly exercised (21.12.1999): different dates appointed for specified provisions by S.I. 1999/3434, arts. 2-4
P2S. 425(2) power partly exercised (13.12.1999): 14.12.1999 appointed for specified provisions by S.I. 1999/3376, art. 2
S. 425(2) power partly exercised (20.3.2000): different dates appointed for specified provisions by S.I. 2000/801, art. 2 (as amended by S.I. 2000/1648, art. 3)
S. 425(2) power partly exercised (14.4.2000): different dates appointed for specified provisions by S.I. 2000/1094, arts. 3, 4
S. 425(2) power partly exercised (16.4.2000): "the operative date" (as defined in S.I. 2000/1095, art. 1) appointed for specified provisions and 3.7.2000 appointed for specified provisions by S.I. 2000/1095, art. 4
S. 425(2) power partly exercised (21.6.2000): 3.7.2000 appointed for specified provisions by S.I. 2000/1648, art. 2
S. 425(2) power partly exercised (28.11.2000): 22.1.2001 appointed for specified provisions by S.I. 2000/3145, art. 2
S. 425(2) power partly exercised (22.11.2000): 1.1.2001 appointed for specified provisions by S.I. 2000/3379, art. 2 (subject to saving in art. 3)
S. 425(2) power partly exercised (5.11.2001): 7.11.2001 appointed for specified provisions by S.I. 2001/3603, art. 2
Textual Amendments
F764S. 425(3) repealed (10.7.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 114(6), Sch. 8
Section 2.
Modifications etc. (not altering text)
C178Sch. 1: Power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwise 30.10.2001) by 2000 c. 41, s. 18, 163(2) (with s. 156(6)); S.I. 2001/3526, art. 2(c)
Sch. 1: functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(2)(d)
[F7651(1)This paragraph applies where the Secretary of State makes an order under section 10 of the Local Government and Public Involvement in Health Act 2007 which includes a boundary change (within the meaning of section 8(3) of that Act) affecting a London borough.E+W+S
(2)Where this paragraph applies, the Local Government Boundary Commission for England must consider whether to conduct a review of Assembly constituencies for the purpose of making recommendations as to—
(a)whether the boundary change referred to in sub-paragraph (1) requires changes to Assembly constituencies in order to comply with the rules set out in paragraph 7 below, and
(b)if so, what those changes should be.]
Textual Amendments
F765Sch. 1 para. 1 substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 10(2); S.I. 2009/3318, art. 4(ff)
[F7662(1)The Local Government Boundary Commission for England may at any time—E+W+S
(a)conduct a review of Assembly constituencies, and
(b)make recommendations as to—
(i)the area into which Greater London should be divided to form the Assembly constituencies, and
(ii)the name by which each Assembly constituency should be known.
(2)No recommendations may be made by the Local Government Boundary Commission for England pursuant to a review under this paragraph unless the recommendations comply with the rules set out in paragraph 7 below.]
Textual Amendments
F766Sch. 1 para. 2 substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 10(3); S.I. 2009/3318, art. 4(ff)
[F7673(1)As soon as reasonably practicable after deciding to conduct a review under paragraph 1 or 2, the Local Government Boundary Commission for England must take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of—E+W+S
(a)the fact that the review is to take place, and
(b)any particular matters to which the review is to relate.
(2)In conducting a review under paragraph 1 or 2 the Local Government Boundary Commission for England must—
(a)prepare and publish draft recommendations,
(b)take such steps as its considers sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made, and
(c)take into consideration any representations made to the Commission within that period.
(3)The Local Government Boundary Commission for England may at any time before publishing draft recommendations under sub-paragraph (2)(a) consult such persons as it considers appropriate.
(4)As soon as practicable after conducting a review under paragraph 1 or 2 the Local Government Boundary Commission for England must—
(a)publish a report stating its recommendations, and
(b)take such steps as it considers sufficient to secure that persons who may be interested in the recommendations are informed of them.
Textual Amendments
F767 Sch. 1 para. 3, 4 substituted for Sch. 1 paras. 3-5 (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 10(4); S.I. 2009/3318, art. 4(ff)
[F7674(1)Where a report under paragraph 3 contains recommendations for changes to any Assembly constituency or the name by which any Assembly constituency is known, an order under section 2(4) may give effect to the recommendations.E+W+S
(2)An order under section 2(4) may contain incidental, consequential, supplementary or transitional provision, or savings.
(3)The provision referred to in sub-paragraph (2) may include provision—
(a)applying any instrument made under an enactment, with or without modifications,
(b)extending, excluding or amending any such instrument, or
(c)repealing or revoking any such instrument.
(4)Where the Local Government Boundary Commission for England is satisfied that—
(a)a mistake has occurred in the preparation of an order under section 2(4), and
(b)the mistake is such that it cannot be rectified by a subsequent order under that section by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend),
the Commission may by order under section 2(4) make such provision as it thinks necessary or expedient for rectifying the mistake.
(5)In sub-paragraph (4), “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.
(6)A draft of a statutory instrument containing an order under section 2(4) is to be laid before Parliament before the instrument is made.]
F7686E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F768Sch. 1 para. 6 omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 9, Sch. 2 para. 14(7)
7(1)The rules referred to in [F769paragraphs 1(2) and 2(2)] above are—E+W+S
1. There shall be fourteen Assembly constituencies.
2. Each Assembly constituency shall consist of two or more entire London boroughs.
3. A part of the boundary of each London borough contained within an Assembly constituency shall adjoin a part of the boundary of at least one other London borough contained within that constituency.
4. No London borough shall be included in more than one Assembly constituency.
5. The electorate for an Assembly constituency shall be as near the electorate for each other Assembly constituency as is reasonably practicable.
(2)For the purposes of the rules in sub-paragraph (1) above—
(a)any reference to a London borough includes a reference to the City of London, which for this purpose shall be taken to include the Inner Temple and the Middle Temple; and
(b)a part of a boundary which would, except for the river Thames or a tributary of the river Thames, adjoin a part of another boundary is deemed to adjoin that part of that other boundary.
Textual Amendments
F769Words in Sch. 1 para. 7 substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 10(5); S.I. 2009/3318, art. 4(ff)
Textual Amendments
F770Sch. 1 Pt. 2 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 10(6), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(ff)(hh)
Section 4.
Textual Amendments
F771Sch. 2 Pt. 1 omitted (26.10.2022) by virtue of Elections Act 2022 (c. 37), ss. 13(5), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
F7711E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7712E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7713E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7714E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modifications etc. (not altering text)
C179Sch. 2 Pt. II applied (14.12.1999) by 1983 c. 2, s. 203B (as inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 paras. 1, 39(5) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2)
5(1)Any registered political party may submit a list of candidates to be London members.E+W+S
(2)The list is to be submitted to the Greater London returning officer.
(3)The list has effect in relation to—
(a)the ordinary election; and
(b)any vacancies among the London members which occur after that election and before the next ordinary election.
(4)The list must not include more than twenty five persons (but may include only one).
(5)The list must not include a person—
(a)who is a candidate to be a constituency member but who is not a candidate of that party;
(b)who is included on any other list submitted for the election of London members; or
(c)who is an individual candidate to be a London member.
(6)A person may not be an individual candidate to be a London member if—
(a)he is included on a list submitted by a registered political party for the election of London members; or
(b)he is a candidate of any registered political party to be the Mayor or a constituency member.
6(1)For each registered political party by which a list of candidates has been submitted for the election of London members—E+W+S
(a)there shall be added together the number of London votes given for the party in the Assembly constituencies; and
(b)the number arrived at under paragraph (a) above shall then be divided by the aggregate of one and the number of candidates of the party returned as constituency members.
(2)For each individual candidate to be a London member there shall be added together the number of London votes given for that candidate in the Assembly constituencies.
(3)The number arrived at—
(a)in the case of a registered political party, under sub-paragraph (1)(b) above, or
(b)in the case of an individual candidate, under sub-paragraph (2) above,
is referred to in this Schedule as “the London figure” for that party or individual candidate.
(4)If a person who is a candidate of a registered political party in an Assembly constituency—
(a)is returned as the Assembly member for the constituency, and
(b)is also returned as the Mayor,
that person counts for the purposes of sub-paragraph (1)(b) above as a candidate of the party returned as a constituency member, notwithstanding that a vacancy arises in the Assembly constituency by virtue of subsection (10) of section 4 of this Act.
7(1)If the number arrived at under—E+W+S
(a)paragraph 6(1)(a) above, in the case of a registered political party, or
(b)paragraph 6(2) above, in the case of an individual candidate,
is not more than 5 per cent of the total number of London votes polled by all the registered political parties and all the individual candidates at the election, none of the seats for London members shall be allocated to that party or individual candidate.
(2)That party or candidate shall accordingly be left out of account in applying paragraph 8 below.
8(1)The first of the seats for London members shall be allocated to the party or individual candidate with the highest London figure.E+W+S
(2)The second and subsequent seats for London members shall be allocated to the party or individual candidate with the highest London figure after any recalculation required by sub-paragraph (3) below has been carried out.
(3)This sub-paragraph requires a recalculation under paragraph 6(1)(b) above in relation to a party—
(a)for the first application of sub-paragraph (2) above, if the application of sub-paragraph (1) above resulted in the allocation of a seat to the party, or
(b)for any subsequent application of sub-paragraph (2) above, if the previous application of that sub-paragraph did so;
and a recalculation shall be carried out after adding one to the aggregate mentioned in paragraph 6(1)(b) above.
(4)An individual candidate already returned as the Mayor or as an Assembly member shall be disregarded.
(5)Seats for London members which are allocated to a party shall be filled by the persons on the party’s list in the order in which they appear on the list.
(6)Once a party’s list has been exhausted (by the return of persons included on it as constituency members or by the previous application of sub-paragraph (1) or (2) above) the party shall be disregarded.
(7)If (on the application of sub-paragraph (1) above or any application of sub-paragraph (2) above) the highest London figure is the London figure of two or more parties or individual candidates, the sub-paragraph shall apply to each of them.
(8)However, where sub-paragraph (7) above would mean that more than the full number of seats for London members was allocated, sub-paragraph (1) or (2) above shall not apply until—
(a)a recalculation has been carried out under paragraph 6(1)(b) above after adding one to the number of votes given for each party with that London figure, and
(b)one has been added to the number of votes given for each individual candidate with that London figure.
(9)If, after that, the highest London figure is still the London figure of two or more parties or individual candidates, the Greater London returning officer shall decide between them by lots.
(10)For the purposes of sub-paragraph (5) above and section 11 of this Act, a person included on a list submitted by a registered political party who is returned as the Mayor or as an Assembly member shall be treated as ceasing to be on the list (even if his return is void).
Section 17.
1U.K.The Representation of the M356People Act 1983 shall be amended as follows.
2(1)Section 31 shall be amended as follows.U.K.
(2)After subsection (1A) there shall be inserted—
“(1B)For any Authority elections, a London borough council or the Common Council may divide their area into polling districts and may alter any polling district.
For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City.”
3(1)Section 35 shall be amended as follows.U.K.
(2)Before subsection (3) there shall be inserted—
“(2A)Subsections (2B) and (2C) below have effect in relation to the Greater London Authority.
(2B)The returning officer at an election of a constituency member of the London Assembly shall be such a person, or a person of such a description, as may be designated by the Secretary of State in an order made by statutory instrument.
(2C)The returning officer—
(a)at any election of the Mayor of London,
(b)at the election of the London members of the London Assembly at an ordinary election, and
(c)for the purposes of section 11 of the 1999 Act (return of London members of the London Assembly otherwise than at an election),
shall be the proper officer of the Greater London Authority.”
(3)After subsection (5) there shall be inserted—
“(6)The council for any London borough shall place the services of its officers at the disposal of any person acting as the returning officer at an Authority election for an electoral area situated wholly or partly in the borough.”
4(1)Section 36 shall be amended as follows.U.K.
(2)After subsection (2) (which requires rules under the section to apply the parliamentary elections rules with adaptations etc) there shall be inserted—
“(2A)As regards the Greater London Authority—
(a)Authority elections, and
(b)the return of London members of the London Assembly otherwise than at an election,
shall be conducted in accordance with rules made under this subsection by the Secretary of State.
Rules made under this subsection need not comply with the requirements of subsection (2) above.
(2B)As regards lists of candidates submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members), the provision that may be made by rules under subsection (2A) above includes provision for or in connection with any of the following—
(a)the inclusion, withdrawal, addition or removal of persons;
(b)cases where a person included in such a list is or becomes, or seeks to become, an individual candidate to be a London member of the London Assembly.”
(3)Before subsection (5) there shall be inserted—
“(4B)All expenditure properly incurred by a returning officer in relation to the holding of an Authority election shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the Greater London Authority, exceed that scale, be paid by the Greater London Authority.”
(4)After subsection (6) (power of council for local government area to advance sums to returning officer before poll at election) there shall be inserted—
“(6A)Subsection (6) above shall apply in relation to an Authority election as it applies in relation to an election of a councillor for any local government area in England and Wales, but taking the reference to the council of the area as a reference to the Greater London Authority.”
5(1)Section 37 shall be amended as follows.U.K.
(2)At the beginning there shall be inserted “ (1) ”.
(3)The subsection (1) so formed shall end with paragraph (b).
(4)At the beginning of the sentence following paragraph (b) there shall be inserted “ (3) ”.
(5)After the subsection (1) formed by sub-paragraphs (2) and (3) above there shall be inserted—
“(2)As respects Authority elections, the power conferred by subsection (1)(b) above shall include power to make an order fixing a day other than the first Thursday in May as the day on which the poll is to be held at an ordinary election other than the first.”
6(1)Section 39 shall be amended as follows.U.K.
(2)In subsection (1) (returning officer to order election to fill vacancy where poll countermanded or abandoned or vacancies remain unfilled) for “an election of a councillor for a local government area” there shall be substituted “ a local government election, other than an election for the return of the London members of the London Assembly, ”.
(3)In subsection (2) (election to an office under the 1972 Act not held on the appointed day etc) after “office under the M357Local Government Act 1972” there shall be inserted “ or the 1999 Act ”.
(4)In subsection (6)(a) (which permits an order under the section to make modifications to certain enactments) in sub-paragraph (ii), after “the M358Local Government Act 1972” there shall be inserted “ or the 1999 Act ”.
7(1)Section 40 shall be amended as follows.U.K.
(2)In subsection (1) (provision where anything required to be done by certain enactments falls at a weekend etc) after “Representation of the M359People Act 1985” there shall be inserted “ or section 3 of the 1999 Act ”.
(3)In subsection (2) (day to which election is postponed treated as day of election for purposes of certain enactments) after “Local Government Act 1972” there shall be inserted “ and (in the case of an Authority election) the 1999 Act ”.
Marginal Citations
8(1)Section 46 shall be amended as follows.U.K.
(2)In subsection (1) (which makes provision as to the number of votes which a person may give in a local government election) after paragraph (b) there shall be added—
“but this subsection does not apply in relation to Authority elections (where the votes allowed to be given are as specified in the applicable provisions of section 4, 10 or 16 of the 1999 Act).”
9(1)Section 48 shall be amended as follows.U.K.
(2)After subsection (3) (which refers to the council required to pay the expenses properly incurred by a returning officer) there shall be inserted—
“(3A)In the application of subsection (3) above in relation to an Authority election, the Greater London Authority shall be treated as the council which is required to pay the expenses properly incurred by the returning officer.”
10(1)Section 61 shall be amended as follows.U.K.
(2)After subsection (2) (person voting as elector otherwise than by proxy) there shall be inserted—
“(2A)In the case of Authority elections, paragraph (a) of subsection (2) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as an elector otherwise than by proxy—
(a)more than once at the same election of the Mayor of London;
(b)more than once at the same election of the London members of the London Assembly at an ordinary election;
(c)more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly;
(d)in more than one Assembly constituency at the same ordinary election; or
(e)in any Assembly constituency at an ordinary election, or an election of the Mayor of London held under section 16 of the 1999 Act, when there is in force an appointment of a person to vote as his proxy at the election in some other Assembly constituency.”
(3)After subsection (3) (person voting as proxy for the same elector) there shall be inserted—
“(3A)In the case of Authority elections, paragraph (a) of subsection (3) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as proxy for the same elector—
(a)more than once at the same election of the Mayor of London;
(b)more than once at the same election of the London members of the London Assembly at an ordinary election;
(c)more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly; or
(d)in more than one Assembly constituency at the same ordinary election.”
11(1)Section 66 shall be amended as follows.U.K.
(2)After subsection (6) there shall be added—
“(7)In their application in relation to an election of the London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect with the insertion, after the words “the candidate for whom”, in each place where they occur, of “, or the registered political party towards the return of whose candidates,”.
(8)In relation to an election of the London members of the London Assembly at an ordinary election, any reference in this section to the return of a registered political party’s candidates is a reference to the return of candidates included in the list of candidates submitted by the registered political party for the purposes of the election.”
12(1)Section 67 shall be amended as follows.U.K.
(2)After subsection (1) (name and address of candidate’s election agent) there shall be inserted—
“(1A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, the requirements of subsection (1) above in relation to those candidates are that not later than the time there mentioned—
(a)a person shall be named by or on behalf of the party as the election agent of all of those candidates; and
(b)the declaration required by that subsection shall be made by or on behalf of the party.”
(3)After subsection (2) (which makes provision for a candidate to name himself as his own election agent) there shall be inserted—
“(2A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, a candidate included in the list—
(a)must not under subsection (2) above name himself as his own election agent, but
(b)may be named by or on behalf of the party as the election agent of all the candidates included in the list,
and the provisions which have effect by virtue of subsection (2) above in relation to a candidate upon his naming himself as election agent shall also have effect in relation to a candidate upon his being named as election agent by virtue of paragraph (b) above.”
(4)At the beginning of subsection (3) (one agent only for each candidate) there shall be inserted “ Subject to subsection (3A) below, ” and after that subsection there shall be inserted—
“(3A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—
(a)the same person must be appointed as election agent for all the candidates included in the list; and
(b)any such appointment may only be revoked by or on behalf of the party and in respect of all the candidates.”
(5)After subsection (5) (declaration of person other than the candidate as election agent) there shall be inserted—
“(5A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (5) above shall apply in relation to the candidates included in that list as if the reference to a person other than the candidate were a reference to a person other than the candidate whose name appears highest on the list.”
(6)In subsection (7) (meaning of “appropriate officer” in Part II)—
(a)after paragraph (a) there shall be inserted—
“(aa)in relation to an Authority election, the returning officer for that election (as determined under subsection (2B) of section 35 or, as the case may be, paragraph (a) or (b) of subsection (2C) of that section);”; and
(b)in paragraph (b), for “a local government election,” there shall be substituted “ any other local government election, ”.
13(1)Section 68 (nomination of sub-agent at parliamentary election for a county constituency) shall be amended as follows.U.K.
(2)In subsection (1) (appointment of sub-agent for part of constituency)—
(a)after “In the case of” there shall be inserted “ (a) ”;
(b)after “county constituency” there shall be inserted “, or
(b)an Authority election,”; and
(c)after “part of the constituency” there shall be inserted “ or electoral area ”.
(3)In subsection (2) (powers, acts and defaults of the sub-agent), after “constituency”, in each place where it occurs, there shall be inserted “ or electoral area ”.
(4)After subsection (4) (vacation or revocation of appointment of sub-agent) there shall be inserted—
“(4A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—
(a)the election agent for those candidates must, if he appoints a sub-agent for any part of the electoral area in the case of any of those candidates, appoint the same person as sub-agent for that part of the electoral area in the case of all of the candidates; and
(b)any such appointment may only be revoked in respect of all of the candidates.”
(5)In subsection (5) (declaration to specify the part of the constituency for which the sub-agent is appointed) after “constituency” there shall be inserted “ or electoral area ”.
(6)The sidenote to the section accordingly becomes “Nomination of sub-agent at parliamentary or Authority elections.”
14(1)Section 69 (location of office) shall be amended as follows.U.K.
(2)In subsection (2)(b) (local government elections) after “adjoins it” there shall be added “ , and that of a sub-agent shall be in the area within which he is appointed to act ”.
15U.K.After section 70 there shall be inserted—
(1)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—
(a)section 70 shall not apply in relation to those candidates, but
(b)the following provisions of this section shall have effect in place of that section.
(2)If no person’s name and address is given as required by virtue of section 67(1A) as the election agent of all of the candidates included in the list who remain validly nominated at the latest time for delivery of notices of withdrawals—
(a)the candidate whose name appears highest on the list shall be deemed at that time to have been named on behalf of the party as election agent for all of the candidates; and
(b)any appointment of another person as election agent for those candidates shall be deemed to have been revoked.
(3)If—
(a)the person whose name and address have been so given as those of the election agent for the candidates dies, and
(b)a new appointment is not made on the day of the death or on the following day,
the candidate whose name appears highest on the list shall be deemed to have been named on behalf of the party as election agent for all of the candidates as from the time of death.
(4)If the appointment of the election agent for the candidates is revoked without a new appointment being made, the candidate whose name appears highest on the list shall be deemed to have been appointed (or re-appointed) election agent.
(5)The deemed appointment of a candidate as election agent may be revoked as if it were an actual appointment.
(6)Where a candidate included in the list is by virtue of this section to be treated as election agent, he shall be deemed to have his office—
(a)at his address as given in the statement as to persons nominated; or
(b)if that address is outside the permitted area for the office, at the qualifying address of the person (or first person) named in that statement as his proposer.
(7)The appropriate officer, on being satisfied that a candidate is by virtue of this section to be treated as election agent, shall forthwith proceed to publish the like notice as if the name and address of the candidate and the address of his office had been duly given to him under sections 67 and 69.”
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Textual Amendments
F772Sch. 3 para. 16 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)
17(1)Section 73 shall be amended as follows.U.K.
(2)In subsection (3) (parliamentary election where sub-agents are allowed) after “parliamentary” there shall be inserted “ or Authority ”.
18(1)Section 74 shall be amended as follows.U.K.
(2)In subsection (1) (which authorises a candidate to pay personal expenses, but subject to a limit in the case of a parliamentary election) after “but” there shall be inserted “ (a) ” and for “and” there shall be substituted—
“(b)the amount which a candidate at an election of the Mayor of London may pay shall not exceed £5,000,
(c)the amount which a candidate at an election of a constituency member of the London Assembly may pay shall not exceed £600, and
(d)the amount which a candidate to be a London member of the London Assembly at an ordinary election may pay shall not exceed £900,
and, where paragraph (a), (b), (c) or (d) above applies, ”.
(3)After subsection (1) there shall be inserted—
“(1A)In the application of subsection (1) above in relation to a person who is a candidate in two or more Authority elections those elections shall be treated—
(a)if one of them is an election of the Mayor of London, as if they together constituted a single election falling within paragraph (b) of that subsection, and
(b)in any other case, as if they together constituted a single election falling within paragraph (d) of that subsection.”
19(1)Section 75 shall be amended as follows.U.K.
(2)In subsection (1) (which prohibits the incurring of certain expenses by any person other than the candidate, his agent or persons authorised in writing by the agent)—
(a)after “promoting or procuring the election of a candidate” there shall be inserted “ (or, in the case of an election of the London members of the London Assembly at an ordinary election, a registered political party or candidates of that party) ”; and
(b)at the end of paragraph (c) there shall be added “; or
(d)in the case of an election of the London members of the London Assembly at an ordinary election, of otherwise presenting to the electors the candidate’s registered political party (if any) or the views of that party or the extent or nature of that party’s backing or disparaging any other registered political party”; and
(c)after the words “but paragraph (c)” there shall be inserted “ or (d) ”.
(3)After subsection (1) there shall be inserted—
“(1A)In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, any reference to the candidate includes a reference to all or any of the candidates of a registered political party.”
F773(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)At the end of the section there shall be added—
“(7)For the purposes of this section, in the case of an election of the London members of the London Assembly at an ordinary election, a candidate’s registered political party is the registered political party (if any) which submitted for the purposes of that election a list of candidates on which the candidate in question is included.”
Textual Amendments
F773Sch. 3 para. 19(4) repealed (16.2.2001) by 2000 c. 41, s, 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)
20(1)Section 76 shall be amended as follows.U.K.
(2)After subsection (1) (which limits the expenditure which may be incurred by a candidate or his agent in respect of the conduct or management of the election) there shall be inserted—
“(1A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (1) above shall not have effect in relation to any of those candidates or his election agent; but—
(a)any sums paid or expenses incurred as mentioned in that subsection by any of those candidates or the election agent must not in the aggregate exceed the maximum amount specified in this section; and
(b)a candidate or election agent who knowingly acts in contravention of this subsection shall be guilty of an illegal practice.”
(3)In subsection (2)(b) (which specifies the maximum amount for a local government election) after “a local government election” there shall be inserted “ other than an Authority election ”.
(4)After subsection (2) there shall be inserted—
“(2A)As respects Authority elections, each of the following, that is to say—
(a)the maximum amount for a candidate in an election of the Mayor of London,
(b)the maximum amount for a candidate in an election of a constituency member of the London Assembly,
(c)the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election,
(d)the maximum amount for the purposes of subsection (1A) above,
shall be such as the Secretary of State may prescribe in an order made by statutory instrument.
(2B)An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.”
(5)In subsection (5) (maximum amount not to cover personal expenses of candidate at a parliamentary election) after “parliamentary election” there shall be inserted “ or an Authority election (including the maximum amount for the purposes of subsection (1A) above) ”.
F77421U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F774Sch. 3 para. 21 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)
22(1)Section 77 shall be amended as follows.U.K.
(2)In subsection (1) (reduction of maximum amount under section 76 in the case of joint candidates at a local government election) after “local government election” there shall be inserted “ other than an Authority election ”.
23(1)Section 81 shall be amended as follows.U.K.
(2)After subsection (1) (which allows 35 days after the day of the declaration for the making of the return) there shall be inserted—
“(1A)Subsection (1) above—
(a)in its application in relation to an election of the Mayor of London, shall have effect with the substitution for “35 days” of “70 days”; and
(b)in its application in relation to the election of the London members of the London Assembly at an ordinary election, shall have effect with the substitution for “35 days after the day on which the result of the election is declared” of “70 days after the day on which the last of the successful candidates at the election is declared to be returned.””
(3)After subsection (5) there shall be inserted—
“(6)Where a registered political party submits a list of two or more candidates to be London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect in relation to those candidates and their election agent with the following modifications.
(7)The return which the election agent is required to deliver under subsection (1) above—
(a)shall be in respect of all those candidates; and
(b)shall be in the form set out for the purpose in rules under section 36(2A) above or to the like effect.
(8)If any payments made by the election agent were in respect of two or more candidates, the return shall deal under a separate heading or subsection with all such payments, and the expenses to which they relate, in respect of those candidates.
(9)The statements which the return is required to contain by virtue of subsection (3) above in respect of the matters there mentioned shall be a separate statement of each such matter as respects each of the candidates in question.
(10)If and to the extent that any such matter is referable to two or more candidates together, the return shall contain a separate statement of that matter as respects those candidates.
(11)Where one of the candidates is the election agent, subsection (4) above shall have effect, as respects that candidate, as it has effect where a candidate is his own election agent.”
24(1)Section 82 shall be amended as follows.U.K.
(2)In subsection (1) (declaration by agent) for “the form in Schedule 3 to this Act” there shall be substituted “ the appropriate form ”.
(3)In subsection (2) (declaration by candidate) for “the form in that Schedule” there shall be substituted “ the appropriate form ”.
(4)After subsection (2) there shall be inserted—
“(2A)For the purposes of subsections (1) and (2) above, “the appropriate form”—
(a)in the case of the election agent for the candidates on a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, is the form set out for the purpose in rules under section 36(2A) above;
(b)in the case of any of the candidates included in such a list, is the form set out for the purpose in those rules; and
(c)in any other case, is the form in Schedule 3 to this Act.”
F775(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)After subsection (5) there shall be inserted—
“(5A)Where one of the candidates included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party is the election agent for those candidates, the declarations required by subsections (1) and (2) above shall instead be modified as specified in the form set out in the rules under section 36(2A) above.”
Textual Amendments
F775Sch. 3 para. 24(5) repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)
25(1)Section 85 shall be amended as follows.U.K.
(2)After subsection (2) there shall be inserted—
“(2A)As respects Authority elections—
(a)subsections (1) and (2) above shall not apply in relation to a candidate in an election of the Mayor of London (for which separate provision is made by section 85A below);
(b)in the case of any other Authority election, the reference in subsection (2)(a) above to the council for the local government area for which the election was held shall be taken as a reference to the London Assembly; and
(c)in the case of a candidate included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, the references in subsection (1) above to the returns and declarations in respect of election expenses shall be taken as references to the declaration as to election expenses by the candidate.”
26U.K.After section 85 there shall be inserted—
(1)If, in the case of any candidate at an election of the Mayor of London, the return and declarations as to election expenses are not delivered before the expiry of the time limited for the purpose, the candidate shall, as respects that election, be disqualified from being elected or being the Mayor of London.
(2)Any application under section 86 below by such a candidate for relief in respect of a failure to deliver the return and declarations as to election expenses must be made within the period of 6 weeks following the day on which the time limited for their delivery expires.
(3)A disqualification under subsection (1) above shall not take effect unless or until—
(a)the period specified in subsection (2) above for making an application for relief under section 86 below expires without such an application having been made; or
(b)if such an application is made, the application—
(i)is finally disposed of without relief being granted; or
(ii)is abandoned or fails by reason of non-prosecution.”
27(1)Section 88 shall be amended as follows.U.K.
(2)In the words preceding paragraph (a), after “At a parliamentary election” there shall be inserted “ or an Authority election ”.
(3)In paragraph (a) (which requires publication of notices in at least two newspapers circulating in the constituency for which the election was held) after “the constituency” there shall be inserted “ or electoral area ”.
F77628U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F776Sch. 3 para. 28 repealed (16.3.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 3
29(1)Section 96 shall be amended as follows.U.K.
(2)In subsection (1) (which entitles a candidate to the use of certain premises for holding public meetings in furtherance of his candidature) for “in furtherance of his candidature” there shall be substituted “to promote or procure the giving of votes at that election—
(i)for himself, or
(ii)if he is a candidate included in a list of candidates submitted by a registered political party at an election of the London members of the London Assembly at an ordinary election, towards the return of candidates on that list,”.
30(1)Section 113 shall be amended as follows.U.K.
(2)In subsection (2) (conduct which constitutes bribery) at the end of paragraph (ii) there shall be added “; and
(iii)references to procuring the return of any person at an election include, in the case of an election of the London members of the London Assembly at an ordinary election, references to procuring the return of candidates on a list of candidates submitted by a registered political party for the purposes of that election”.
F77731U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F777Sch. 3 para. 31 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)
32(1)In section 135 (consequences of local election declared void) after subsection (1) (which provides for a new election in certain cases) there shall be inserted—U.K.
“(1A)Subsection (1) above shall not apply in the case of an election of the London members of the London Assembly at an ordinary election (for which separate provision is made by section 135A below).”
(2)After section 135 there shall be inserted—
(1)This section applies where the election court has made a determination under section 145 below at the conclusion of the trial of a petition questioning the election of the London members of the London Assembly at an ordinary election.
(2)Where, pursuant to section 145(6) below, the proper officer of the Greater London Authority receives the copy of the certificate of the election court’s determination in relation to the election which was questioned, he shall send notice of the determination to the Greater London returning officer.
(3)If the election is not declared void but—
(a)the return of a candidate at the election is declared void, and
(b)no other person has been declared returned in his place,
the vacancy shall be filled (or, as the case may be, remain unfilled) as if it were a casual vacancy (see section 11 of the Greater London Authority Act 1999).
(4)If the election is declared void, a new election shall be held in the same manner as at an ordinary election.
(5)The date of the poll at the new election shall be fixed by the Greater London returning officer.
(6)The date fixed shall be no later than three months after the receipt by the Greater London returning officer of the notice under subsection (2) above.
(7)A new election shall not be held if the latest date which may be fixed for the poll falls within the period of three months preceding an ordinary election.
(8)If the determination of the election court is that the election is void, the Greater London returning officer shall inform the returning officer for each Assembly constituency of—
(a)the contents of the notice under subsection (2) above; and
(b)the date fixed for the poll at the new election.
(9)The results of the elections of the constituency members of the London Assembly at the last ordinary election shall have effect for the purposes of ascertaining the results of the new election.”
33(1)Section 145 shall be amended as follows.U.K.
(2)After subsection (1) (which specifies the questions to be determined by the election court) there shall be inserted—
“(1A)In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, for the words from “shall determine” to “void,” there shall be substituted “shall determine whether—
(a)the person or persons whose return is complained of were duly returned,
(b)some other person or persons should have been declared to be returned, or
(c)the election was void, ”.”
34U.K.After section 145 there shall be inserted—
(1)This section applies where the election court makes a determination under section 145 above in respect of—
(a)the election of the Mayor of London, or
(b)the election of a constituency member of the London Assembly,
and the conditions in subsections (2) and (3) below are satisfied.
(2)The first condition is that the determination of the election court is—
(a)that the person whose election is complained of was not duly elected; or
(b)that the election was void.
(3)The second condition is that the return of that person at that election was taken into account for the purpose of deciding which persons were to be returned as London members of the London Assembly.
(4)Where this section applies, the validity of the return of the London members of the London Assembly shall not be affected by—
(a)the determination of the election court; or
(b)in a case falling within subsection (1)(b) above, the subsequent return of a person as the constituency member for the Assembly constituency concerned.”
F77835U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F778Sch. 3 para. 35 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)
36(1)Section 165 shall be amended as follows.U.K.
(2)After subsection (3) (vote given for person incapable of being elected by reason of employing corrupt agent not to be deemed to be thrown away unless given for same person at a poll consequent on the decision of an election court) there shall be added—
“(4)In the case of an election of the Mayor of London, a vote deemed in accordance with subsection (3) above to be thrown away shall be so deemed only to the extent that it is a vote given so as to indicate that the person who was under the incapacity is the voter’s first or second preference from among the candidates.”
37U.K.After section 189 there shall be inserted—
For the purposes of—
(a)Part II of this Act,
(b)Part III of this Act, and
(c)section 189 above,
any reference to an election under the local government Act includes a reference to an Authority election.”
38(1)Section 202 shall be amended as follows.U.K.
(2)In subsection (1)—
(a)in the definition of “election”, after “parliamentary election” there shall be inserted “ , an Authority election ”;
(b)in paragraph (b) of the definition of “election court”, after “questioning” there shall be inserted “ an Authority election or ”;
(c)for the definition of “proper officer” there shall be substituted—
““proper officer”—
(a)in relation to the Greater London Authority, has the same meaning as in the 1999 Act (see section 424(2) of that Act);
(b)except as provided by paragraph (a) above, in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the M360Local Government Act 1972;”.
(3)In subsection (1), after the definition of “proper officer” there shall be inserted—
“ “registered political party” means a party registered under the M361Registration of Political Parties Act 1998;”.
39(1)Section 203 (local government provisions as to England and Wales) shall be amended as follows.U.K.
(2)In subsection (1), the following definitions shall be inserted at the appropriate places—
““the 1999 Act” means the Greater London Authority Act 1999;”;
““Assembly constituency” has the same meaning as in the 1999 Act (see section 2(4) and (5) of that Act);”;
““Authority election” means—
(a)any election of the Mayor of London;
(b)any election of a constituency member of the London Assembly; or
(c)the election of the London members of the London Assembly at an ordinary election;”;
““constituency member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;”;
““election of a constituency member of the London Assembly” means—
(a)any such election at an ordinary election; or
(b)an election under section 10 of the 1999 Act (election to fill a vacancy in an Assembly constituency);”;
““election of the Mayor of London” means—
(a)any such election at an ordinary election; or
(b)an election under section 16 of the 1999 Act (election to fill a vacancy in the office of Mayor of London);”;
““London member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;”.
(3)In subsection (1), in the definition of “electoral area”, after “means” there shall be inserted “ (a) ” and at the end of the definition there shall be added—
“(b)Greater London, in the case of—
(i)any election of the Mayor of London; or
(ii)the election of the London members of the London Assembly at an ordinary election;
(c)any Assembly constituency for which the election of a constituency member of the London Assembly is held;”.
(4)In subsection (1)—
(a)in the definition of “local authority”, after “means” there shall be inserted “ the Greater London Authority, ”;
(b)in the definition of “local government area”, after “means” there shall be inserted “ Greater London, ”;
(c)in the definition of “local government election”, after “means” there shall be inserted “ (a) ” and at the end of the definition there shall be added “; or
(b)any Authority election”.
(5)After subsection (1) there shall be inserted—
“(1A)In the application of this Act in relation to England and Wales, unless the context otherwise requires, any reference to—
(a)a local government election, or
(b)an election under the local government Act,
shall be taken to include a reference to an Authority election.
(1B)Any reference in this Act to a registered political party submitting a list of candidates to be London members of the London Assembly at an ordinary election shall be construed in accordance with section 4(5)(a) of, and Part II of Schedule 2 to, the 1999 Act; and related expressions shall be construed accordingly.”
(6)For subsection (2) (application of Part I in relation to the City and parliamentary elections) there shall be substituted—
“(2)The following provisions of this Act, namely—
(a)Part I, so far as it has effect for the purposes of parliamentary elections, and
(b)Parts I to III, so far as they have effect for the purposes of Authority elections,
shall (subject to any express provision contained in the Part or Parts in question) apply in relation to the City as if the City were a London borough and the Common Council were a London borough council.
For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City.”
F7801E+W+SIn this Schedule—
“the 1983 Act” means the Representation of the M362People Act 1983;
“candidate” means a person who stands nominated as a candidate at the election;
“the election” means the first election of the Mayor;
“election address” shall be construed in accordance with paragraph 2 below;
“election booklet” shall be construed in accordance with paragraph 6 below;
“the GLRO” means the Greater London returning officer;
“print” means print by whatever means (and “printer” shall be construed accordingly);
“the relevant provisions” means the provisions of section 17A(1) of this Act and this Schedule.
Textual Amendments
Marginal Citations
F7812E+W+SFor the purposes of the relevant provisions an election address, in relation to a candidate, is a statement prepared by the candidate’s election agent which complies with the provisions of paragraphs 3 and 4.
F7823(1)An election address must contain matter relating to the election only.E+W+S
(2)In particular, an election address must not contain—
(a)any advertising material (other than material promoting the candidate as a candidate at the election);
(b)any other material appearing to be included with a view to commercial gain; or
(c)any material referring to any candidate standing for election to the Assembly.
(3)An election address may include a representation of the registered emblem, or (as the case may be) one of the registered emblems, of a registered political party if the address is prepared on behalf of an authorised party candidate.
(4)In sub-paragraph (3) above “authorised party candidate”, in relation to a registered political party, means a candidate who has been authorised to use the emblem in question by a certificate—
(a)issued by or on behalf of the registered nominating officer of the party, and
(b)received by the GLRO before the last time for the delivery of nomination papers for the election.
(5)An election address must—
(a)contain a statement to the effect that it has been prepared by the candidate’s election agent; and
(b)give the name and address of the election agent.
F7834(1)Subject to any requirements imposed by or under this paragraph, the format of a candidate’s election address may be determined by the candidate (and, in particular, may consist of a combination of words, pictures and artwork).E+W+S
(2)An election address must be printed on not more than two sides of A5 paper; but if such an address is printed on two sides of such paper—
(a)it must, when submitted to the GLRO for inclusion in the election booklet, be accompanied by a second version printed on a single side of such paper; and
(b)if the total number of candidates from whom election addresses have been accepted by the GLRO by the last time for the delivery of nomination papers for the election exceeds 15, the version to be included in the election booklet shall be the second version.
(3)An election address must—
(a)comply with such requirements as to typographical layout, margins and the use of colour as the GLRO may determine; and
(b)comply with such other requirements as he may determine with a view to facilitating its reproduction as a page or pages of the election booklet.
(4)An election address must, when submitted to the GLRO for inclusion in the election booklet, be accompanied—
(a)where the address is to contain a photograph of the candidate, by two identical copies of the photograph, of which one is signed on the back by the candidate; and
(b)in any case, by such copies of anything contained in the address as the GLRO may reasonably require in connection with the reproduction of the address.
F7845(1)Before an election address is submitted to the GLRO for inclusion in the election booklet a draft of the address must have been—E+W+S
(a)submitted by the candidate to the Post Office, and
(b)approved by the Post Office as complying with the relevant Post Office regulations.
(2)In sub-paragraph (1)(b) above “the relevant Post Office regulations” means the provisions of the Post Office regulations under section 91 of the 1983 Act as to the contents of election communications, other than the provisions of those regulations—
(a)authorising the sending of different material to different groups, or
(b)requiring the name of the printer and publisher to appear on election literature.
(3)Without prejudice to the operation of sub-paragraph (1)(b) above, the Post Office shall not approve an election address if, in their opinion, the address does not comply with the provisions of paragraph 3(1) and (2) above.
F7856(1)For the purposes of this Schedule the election booklet is a document prepared by the GLRO which contains the election addresses of all candidates who—E+W+S
(a)desire their election addresses to be included in the booklet, and
(b)have submitted—
(i)those addresses, and
(ii)any additional material required under paragraph 4(4) above,
to the GLRO by such date as he may determine.
(2)If—
(a)it appears to the GLRO that any of the requirements of paragraphs 3(3) to (5), 4 and 5(1) above has not been complied with in relation to an election address, or
(b)a candidate fails to make the payment required by paragraph 9 below in respect of an election address,
the GLRO shall decline to include the address in the election booklet.
F7867(1)The order in which candidates’ election addresses appear in the election booklet shall be determined alphabetically by reference to the candidates’ surnames.E+W+S
(2)The election booklet may include, in addition to candidates’ election addresses, a statement by the GLRO—
(a)explaining the nature and purpose of the election booklet;
(b)listing, in alphabetical order, the names of all the candidates at the election (whether or not their election addresses are included in the booklet); and
(c)giving the date of the election and such other information about it as the GLRO may determine.
(3)The election booklet must—
(a)contain a statement that it has been published by the GLRO; and
(b)give the name and address of the GLRO and those of the printer of the booklet.
(4)Subject to sub-paragraphs (1) to (3) above, the form of the election booklet shall be determined by the GLRO.
(5)The election agent of each candidate whose election address has been accepted by the GLRO for inclusion in the booklet shall be given an opportunity to attend at a time and place notified to him by the GLRO in order to check, and submit to the GLRO typographical corrections to, the proof of the candidate’s address.
(6)If the election agent of any such candidate fails to avail himself of that opportunity, the GLRO may—
(a)make such typographical corrections to the proof as appear to him to be appropriate; and
(b)proceed with the printing and distribution of the election booklet without further reference to the candidate or his election agent (and without incurring any liability for any errors in the candidate’s address).
(7)No person other than—
(a)the candidate by whom or on whose behalf an election address included in the election booklet was prepared, or
(b)the candidate’s election agent,
shall incur any civil or criminal liability in respect of the publication of that address in the election booklet or its dissemination in accordance with paragraph 8 below.
F7878(1)Copies of the election booklet shall be delivered by the GLRO to the Post Office, in envelopes addressed to individual electors falling within section 17A(1)(b) of this Act, at such time as the GLRO may determine.E+W+S
(2)The GLRO may disseminate the contents of the election booklet by such other means as he may determine.
F7889(1)Each candidate by whom an election address is submitted to the GLRO for inclusion in the election booklet shall pay the sum of £10,000 to the GLRO as a contribution towards the expenses incurred by him in respect of the printing of the election booklet.E+W+S
(2)The payment required by sub-paragraph (1) above shall be made at such time, and in such manner, as the GLRO may determine.
(3)A candidate shall be entitled to a full refund of any such payment if, but only if, the candidate has given notice of withdrawal of his candidature before the last time for the withdrawal of candidates.
(4)If the total amount of the payments made by candidates under this paragraph exceeds the total amount of the expenses incurred by the GLRO in respect of the printing of the election booklet, the GLRO shall—
(a)divide the amount of the excess between the candidates in equal shares, and
(b)send to each candidate a payment in respect of his share.
F78910E+W+SExcept so far as they are met by payments under paragraph 9 above, the expenses incurred by the GLRO in consequence of the relevant provisions shall be met by the Secretary of State.
F79011(1)The amount of any payment made by a candidate under paragraph 9 above (or, if sub-paragraph (4) of that paragraph applies, the net amount of any such payment after deducting the payment under that sub-paragraph) shall be taken, for the purposes of Part II of the 1983 Act (the election campaign), to be an amount of election expenses incurred by the candidate in relation to the election.E+W+S
(2)Nothing in section 75(1) of the 1983 Act (restriction on third party election expenditure) shall be taken to apply, in relation to any candidate, to any expenses incurred by the GLRO in consequence of the relevant provisions.]
Section 37.
1E+W+SAny reference in this Schedule to a period when the Mayor is temporarily unable to act is a reference to a period when—
(a)there is no vacancy in the office of Mayor; but
(b)the Mayor is unable to act in his office by reason of illness, imprisonment or absence abroad or for any other reason;
and references to the Mayor being temporarily unable to act shall be construed accordingly.
2(1)If a casual vacancy occurs in the office of Mayor, the proper officer of the Authority shall give notice of the vacancy—E+W+S
(a)to the Deputy Mayor, if there is a holder of that office; or
(b)in any other case, to the Chair of the Assembly.
(2)Any notice under sub-paragraph (1) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of section 15(1) of this Act as occurring.
3E+W+SDuring any vacancy in the office of Mayor there shall be an acting Mayor of London (in this Act referred to as the “acting Mayor”).
4(1)If a person holds the office of Deputy Mayor on the date on which a vacancy in the office of Mayor occurs, that person shall be the acting Mayor unless, within the permitted period—E+W+S
(a)he gives notice to the proper officer of the Authority that he does not wish to be the acting Mayor; or
(b)he does not give a notice under paragraph (a) above and does not deliver a declaration under paragraph 8(1) below.
(2)If a person becomes the acting Mayor by virtue of being the Deputy Mayor—
(a)he shall cease to be the Deputy Mayor; and
(b)he shall not be the Deputy Mayor, the Chair of the Assembly or the Deputy Chair of the Assembly at any time while he is the acting Mayor.
(3)If, by virtue of sub-paragraph (1) above, the person who is the Deputy Mayor does not become the acting Mayor, the proper officer of the Authority shall give notice of that fact to the Chair of the Assembly as soon as practicable after—
(a)receipt of any notice under sub-paragraph (1)(a) above; or
(b)if no such notice is given, the last day of the permitted period.
(4)Where notice is given to the Chair of the Assembly—
(a)under paragraph 2(1)(b) above, or
(b)under sub-paragraph (3) above,
the person who is the Chair of the Assembly shall be the acting Mayor.
(5)If a person becomes acting Mayor by virtue of being the Chair of the Assembly—
(a)he shall cease to be the Chair of the Assembly; and
(b)he shall not be the Deputy Mayor, the Chair of the Assembly or the Deputy Chair of the Assembly at any time while he is the acting Mayor.
(6)In this paragraph “the permitted period” means the period of seven days following the day on which notice under paragraph 2(1)(a) above is given to the Deputy Mayor.
5(1)If and so long as there is an acting Mayor—E+W+S
(a)any functions exercisable by the Mayor shall be exercisable instead by the acting Mayor; and
(b)any functions exercisable by the Mayor and the Assembly acting jointly shall be exercisable instead by the acting Mayor and the Assembly acting jointly;
and, for the period of the vacancy, the acting Mayor shall accordingly be treated as if he were the Mayor.
(2)Sub-paragraph (1) above is subject to the following provisions of this Part of this Schedule.
6(1)Paragraph 5(1)(a) above does not apply in relation to—E+W+S
(a)any function exercisable under Schedule 6 or 7 to this Act;
(b)any functions in relation to the preparation, alteration or replacement of any strategies under this Act; or
(c)any function of making an appointment mentioned in sub-paragraph (2) below.
(2)The appointments mentioned in sub-paragraph (1)(c) above are—
(a)any appointment of a member of any of the functional bodies;
(b)any appointment of a member of any other body corporate under or by virtue of this Act;
(c)any appointment under subsection (1) of section 67 of this Act.
7(1)While a person is the acting Mayor, he shall not act as an Assembly member except in relation to the functions of the Assembly under Schedule 6 or 7 to this Act.E+W+S
(2)Any period during which sub-paragraph (1) above has effect in relation to a person shall be left out of account in applying section 6 of this Act in relation to that person.
8(1)A person shall not, by virtue of being Deputy Mayor,—E+W+S
(a)become the acting Mayor, or
(b)exercise any functions by virtue of paragraph 5 above,
unless and until he has made, and delivered to the proper officer of the Authority within the permitted period, a declaration of acceptance in a form prescribed in an order made by the Secretary of State.
(2)In sub-paragraph (1) above, “permitted period” has the same meaning as in paragraph 4 above.
(3)Subsections (3) and (4) of section 28 of this Act shall apply to a declaration under sub-paragraph (1) above as they apply to a declaration under that section.
Commencement Information
I91Sch. 4 para. 8 wholly in force at 8.5.2000; Sch. 4 para. 8 in force at Royal Assent for certain purposes see s.425(2); Sch. 4 para. 8 in force (8.5.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
F7919E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F791Sch. 4 para. 9 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 59(a); S.I. 2011/3019, art. 3, Sch. 1
10E+W+SA person who becomes acting Mayor by virtue of being the Chair of the Assembly shall not act in the office of acting Mayor unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.
11E+W+SIf, at any time when proceedings under Schedule 6 or 7 to this Act are taking place in respect of any year, there is a vacancy in the office of Mayor, those and any subsequent proceedings under the Schedule in question in respect of that year shall proceed as if the Mayor had failed to fulfil his duties under that Schedule.
12(1)If, at any time during a vacancy in the office of Mayor, a casual vacancy occurs in the office of acting Mayor, the head of the Authority’s paid service shall give notice of the vacancy—E+W+S
(a)to the Chair of the Assembly, and
(b)to the Deputy Mayor, if there is a holder of that office,
and this Part of this Schedule (other than paragraph 2 above) shall have effect as if a vacancy in the office of Mayor [F792had occurred] on the date on which the vacancy in the office of acting Mayor occurs.
(2)For the purposes of this paragraph, the cases in which, and the date on which, a casual vacancy occurs in the office of acting Mayor are the cases in which, and the date on which, a casual vacancy—
(a)occurs in the acting Mayor’s office as an Assembly member; or
(b)would have occurred in the office of Mayor, had the acting Mayor been the Mayor.
(3)Any notice under sub-paragraph (1) above shall be given as soon as practicable after the date on which, by virtue of sub-paragraph (2) above, the vacancy is, in accordance with section 9 or 15 of this Act, to be regarded as occurring.
Textual Amendments
F792Words in Sch. 4 para. 12(1) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. 1 para. 10
13(1)If the head of the Authority’s paid service becomes aware that the Mayor is temporarily unable to act, he shall as soon as reasonably practicable give notice of that fact—E+W+S
(a)to the Chair of the Assembly; and
(b)to the Deputy Mayor, if there is a holder of that office.
(2)For the purposes of the following provisions of this Part of this Schedule, any period when the Mayor is temporarily unable to act shall be taken to begin with the giving of the notice required by sub-paragraph (1) above.
Prospective
14(1)During any period when the Mayor is temporarily unable to act—E+W+S
(a)any functions exercisable by the Mayor shall be exercisable instead by the Deputy Mayor; and
(b)any functions exercisable by the Mayor and the Assembly acting jointly shall be exercisable instead by the Deputy Mayor and the Assembly acting jointly;
and, for that period, the Deputy Mayor shall accordingly be treated as if he were the Mayor.
(2)Sub-paragraph (1) above is subject to the following provisions of this Part of this Schedule.
15(1)Paragraph 14(1)(a) above does not apply in relation to—E+W+S
[F793(a)any functions exercisable under Schedule 6 or 7 to this Act;]
(b)any functions in relation to the preparation, alteration or replacement of strategies under this Act; or
(c)any function of making an appointment mentioned in sub-paragraph (2) below.
(2)The appointments mentioned in sub-paragraph (1)(c) above are—
(a)any appointment of a member of any of the functional bodies;
(b)any appointment of a member of any other body corporate under or by virtue of this Act;
(c)any appointment under subsection (1) of section 67 of this Act.
Textual Amendments
F793Sch. 4 para. 15(1)(a) repealed (E.W.) (30.10.2007) by Greater London Authority Act 2007 (c. 24), ss. 16(2), 59(7), Sch. 2; S.I. 2007/3107, art. 2(b)(c)
16E+W+S[F794If, at any time when proceedings under Schedule 6 or 7 to this Act are taking place in respect of any year, the Mayor is temporarily unable to act, those and any subsequent proceedings under the Schedule in question in respect of that year shall proceed as if the Mayor had failed to fulfil his duties under that Schedule.]
[F794If and so long as any functions of the Mayor under Schedule 6 or 7 to this Act are exercisable by the Deputy Mayor pursuant to paragraph 14 above, the Deputy Mayor shall not act as an Assembly member in relation to any functions of the Assembly under either of those Schedules.]
Textual Amendments
F794Sch. 4 para. 16 substituted (E.W.) (30.10.2007) by Greater London Authority Act 2007 (c. 24), ss. 16(3), 59(7); S.I. 2007/3107, art. 2(b)
F79517E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F795Sch. 4 para. 17 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 59(b); S.I. 2011/3019, art. 3, Sch. 1
18(1)This paragraph applies in relation to any period (or, as the case may be, the remainder of any period) when the Mayor is temporarily unable to act, if—E+W+S
(a)at the beginning of that period there is no Deputy Mayor; or
(b)the person who, at the beginning of that period, is the Deputy Mayor gives notice to the proper officer of the Authority, within the permitted time, that he does not wish to exercise the functions of the Mayor pursuant to paragraph 14 above; or
(c)a casual vacancy occurs in the office of Deputy Mayor during that period;
and in paragraph (b) above “the permitted time” means the period of seven days following the day on which notice under paragraph 13(1)(b) above is given to the Deputy Mayor.
(2)Where this paragraph applies—
(a)paragraphs 14 and 15 above shall have effect with the substitution for references to the Deputy Mayor of references to the Chair of the Assembly [F796(but see sub-paragraph (2A) below)] ; and
(b)paragraph 17 above shall be disregarded, but without prejudice to any action taken under paragraph (a) or (b), or required to be taken under paragraph (b), of that paragraph.
[F797(2A)The Chair of the Assembly shall not by virtue of sub-paragraph (2)(a) above exercise any functions of the Mayor under Schedule 6 or 7 to this Act.]
(3)If and so long as functions are exercisable by virtue of paragraph 14 above by the Chair of the Assembly, he shall not exercise any of the other functions of Chair of the Assembly.
(4)If and so long as the Chair of the Assembly is precluded by sub-paragraph (3) above from exercising any of his functions, those functions shall be exercisable instead by the Deputy Chair of the Assembly.
(5)If and so long as any functions of the Chair of the Assembly are, by virtue of sub-paragraph (4) above, exercisable by the Deputy Chair of the Assembly, the Deputy Chair of the Assembly shall not exercise any of his other functions.
(6)If and so long as the Deputy Chair of the Assembly is precluded by sub-paragraph (5) above from exercising any of his functions, those functions shall be exercisable instead by a person (“the acting Deputy Chair”) elected for the purpose at a meeting of the Assembly from among the Assembly members.
(7)A person must not at the same time hold office as acting Deputy Chair and as Mayor, Deputy Mayor, Chair of the Assembly or Deputy Chair of the Assembly.
(8)If the acting Deputy Chair becomes Mayor, Deputy Mayor, Chair of the Assembly or Deputy Chair of the Assembly, a vacancy shall occur in the office of acting Deputy Chair.
Textual Amendments
F796Words in Sch. 4 para. 18(2)(a) inserted (E.W.) (30.10.2007) by Greater London Authority Act 2007 (c. 24), ss. 16(5), 59(7); S.I. 2007/3107, art. 2(b)
F797Sch. 4 para. 18(2A) inserted (E.W.) (30.10.2007) by Greater London Authority Act 2007 (c. 24), ss. 16(6), 59(7); S.I. 2007/3107, art. 2(b)
Textual Amendments
F798Sch. 4A inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 4(2), 59(4)(b), Sch. 1; S.I. 2008/113, art. 2(a)
1(1)This Schedule has effect where the Mayor proposes to make an appointment to any of the offices specified in section 60A(3) of this Act.E+W
(2)If the Mayor decides to appoint himself to any of those offices—
(a)he must notify the Assembly of that fact, but
(b)the following provisions of this Schedule do not have effect in relation to the appointment of the Mayor to that office.
[F799(3)This Schedule also has effect where the Mayor's Office for Policing and Crime proposes to make an appointment, under section 19 of the Police Reform and Social Responsibility Act 2011, of a person to be the Deputy Mayor for Policing and Crime.
(4)In the application of this Schedule in relation to such an appointment, references to the Mayor are to be read as references to the Mayor's Office for Policing and Crime.
(5)Paragraph 9 does not apply in relation to such an appointment (but see section 32 of the Police Reform and Social Responsibility Act 2011).
(6)Paragraph 10 applies in relation to such an appointment if the candidate is not a member of the London Assembly.
(7)Paragraphs 2, 4 and 5 are subject to paragraph 10.]
[F800(8)Paragraph 9 does not apply in relation to—
(a)the appointment of a person as the London Fire Commissioner, or
(b)the appointment of a person as the Deputy Mayor for Fire under section 67(1)(b),
(but see section 327H).
(9)Paragraph 11 applies to—
(a)the appointment of a person as the London Fire Commissioner, and
(b)the appointment of a person as the Deputy Mayor for Fire under section 67(1)(b) if the candidate is not a member of the Assembly.
(10)Paragraphs 2, 4 and 5 are subject to paragraph 11.]
Textual Amendments
F799Sch. 4A para. 1(3)-(7) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 20(3)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 6)
F800Sch. 4A para. 1(8)-(10) inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 14(2); S.I. 2018/227, art. 2(b)(i)
2(1)The Mayor must not make any appointment to the office until the end of the confirmation process has been reached.E+W
(2)The end of the confirmation process is reached when—
(a)the Mayor has given the Assembly the notification required by paragraph 5(2) below (acceptance or rejection of Assembly's recommendation), or
(b)the period of 3 weeks described in sub-paragraph (3) of paragraph 4 below has expired without any recommendation under that paragraph being given to the Mayor by the Assembly.
3(1)The Mayor must notify the Assembly of the person (“the candidate”) whom he proposes to appoint to the office.E+W
(2)The notification must contain the following information—
(a)the candidate's name;
(b)the candidate's address for correspondence;
(c)the office to which the Mayor proposes to appoint the candidate;
(d)the reasons why the candidate is the person the Mayor proposes to appoint to the office.
4(1)This paragraph applies when the Mayor has given that notification to the Assembly.E+W
(2)The Assembly must make a recommendation to the Mayor as to whether or not the candidate should be appointed to the office.
(3)The recommendation must be given to the Mayor in writing before the end of the period of 3 weeks beginning with the day on which the Assembly receives the notification from the Mayor.
(4)In calculating the period of 3 weeks mentioned in sub-paragraph (3) above, no regard shall be had to the period beginning with the day of the poll at an ordinary election and ending with the day on which the Chair of the Assembly and the Deputy Chair of the Assembly are elected under section 52(2) of this Act.
5(1)The Mayor may accept or reject the Assembly's recommendation.E+W
(2)The Mayor must notify the Assembly of his decision whether to accept or reject the recommendation.
6(1)The Assembly may decide to hold a confirmation hearing before deciding the recommendation that is to be made to the Mayor.E+W
(2)In this Schedule “confirmation hearing” means a meeting at which the candidate is requested to appear for the purpose of answering questions relating to the proposed appointment.
(3)In this Schedule “appear”, in relation to a meeting, means—
(a)attend in person, or
(b)participate in proceedings by means of any device that enables a person to hear and be heard in the proceedings as they happen, without attending in person.
(4)The Assembly may decide to request the candidate to produce, whether at a confirmation hearing or otherwise, documents which are in his possession or under his control and which relate to the proposed appointment.
7(1)This paragraph applies where the Assembly decides to hold a confirmation hearing.E+W
(2)The head of the Authority's paid service must give the candidate a notice requesting him to appear at the confirmation hearing.
(3)The notice must state the date on which, and the time and place at which, the confirmation hearing is to take place.
(4)The notice must state whether the candidate is requested to attend in person.
(5)If the candidate is not requested to attend in person, the notice must specify or describe the means by which the candidate may appear.
(6)The notice must be given to the candidate at least one week before the day on which the confirmation hearing is to take place, unless the candidate waives this right.
(7)The notice is to be taken to have been given to the candidate if it is sent by—
(a)registered post, or
(b)a recorded delivery service,
to the address for correspondence specified in the Mayor's notification under paragraph 3 above.
(8)Sections 61 and 62 of this Act (power to require attendance at meetings and procedure for doing so) do not apply in relation to the candidate in the case of a confirmation hearing.
8(1)This paragraph applies in relation to—E+W
(a)any confirmation hearing, and
(b)any document which the candidate is requested to produce by virtue of paragraph 6(4) above.
(2)The Secretary of State may by order make provision for any order for the time being in force under section 63 of this Act (restriction of information) to have effect (with or without modifications) in relation to the candidate as it has effect in relation to a person required to attend proceedings or produce documents under section 61(1)(a) or (b) of this Act.
(3)The candidate is not obliged to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England or Wales.
9(1)The Assembly may arrange under section 54(1)(a) of this Act for any of its functions under this Schedule to be discharged on its behalf by an ordinary committee.E+W
(2)The Assembly may arrange under section 54(1)(b) of this Act for any of the following functions to be discharged on its behalf by the Chair of the Assembly—
(a)its function under paragraph 6(1) above of deciding whether to hold a confirmation hearing;
(b)its function under paragraph 6(4) above of deciding whether to request the candidate to produce any documents.
(3)Except as provided by sub-paragraphs (1) and (2) above, neither the Assembly nor an ordinary committee may arrange for the discharge of any functions under this Schedule on its behalf by—
(a)any committee or sub-committee, or
(b)a single member of the Assembly.]
[F80110(1)The London Assembly may veto the appointment of the candidate as Deputy Mayor for Policing and Crime if the candidate is not a member of the London Assembly.E+W
(2)The exercise of that power of veto in relation to an appointment is not valid unless the London Assembly—
(a)has held a confirmation meeting in relation to the appointment before the exercise of the power; and
(b)notifies the Mayor's Office for Policing and Crime of the veto within the period of 3 weeks described in paragraph 4(3).
(3)If the London Assembly vetoes the appointment of the candidate, the Mayor's Office for Policing and Crime must not appoint the candidate.
(4)References in this Schedule to the London Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed as Deputy Mayor for Policing and Crime.
(5)For that purpose, the London Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.]
Textual Amendments
F801Sch. 4A para. 10 inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 20(3)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with art. 6)
[F80211(1)The Assembly may veto—E+W
(a)the appointment of the candidate as the London Fire Commissioner, or
(b)the appointment of the candidate as the Deputy Mayor for Fire if the candidate is not a member of the Assembly.
(2)The exercise of that power of veto in relation to an appointment is not valid unless the Assembly—
(a)has held a confirmation meeting in relation to the appointment before the exercise of the power; and
(b)notifies the Mayor of the veto within the period of 3 weeks described in paragraph 4(3).
(3)If the Assembly vetoes the appointment of the candidate, the Mayor must not appoint the candidate.
(4)References in this Schedule to the Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed—
(a)as the London Fire Commissioner, or
(b)as the Deputy Mayor for Fire.
(5)For that purpose, the Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.]
Textual Amendments
F802Sch. 4A para. 11 inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 14(3); S.I. 2018/227, art. 2(b)(i)
Section 77.
1E+W+SNo Bill may be deposited in Parliament by virtue of section 77(1)(a) of this Act until the requirements of paragraphs 2 and 4 below have been complied with.
2(1)The Mayor shall—E+W+S
(a)prepare a draft of the proposed Bill (“the draft Bill”);
(b)send copies of the draft Bill to the bodies specified in sub-paragraph (2) below; and
(c)consult those bodies about the draft Bill.
(2)Those bodies are—
(a)the Assembly;
(b)every London borough council; and
(c)the Common Council.
(3)Where the Mayor sends copies of the draft Bill to those bodies pursuant to sub-paragraph (1)(b) above, he shall also give those bodies notice of the time within which, and the place at which, they may make representations about the draft Bill.
3(1)Throughout the consultation period, the Mayor shall take such steps as in his opinion will give adequate publicity to the draft Bill.E+W+S
(2)A copy of the draft Bill shall be kept available by the Mayor for inspection by any person on request free of charge—
(a)at the principal offices of the Authority, and
(b)at such other places as the Mayor 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 Mayor 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) above have been complied with; and
(b)ends with the time notified pursuant to paragraph 2(3) above.
4(1)If, after considering any representations made about the draft Bill pursuant to paragraph 2 above, the Mayor decides to continue with the proposal for a Bill to be promoted, he shall prepare a revised draft of the proposed Bill (“the revised draft Bill”).E+W+S
(2)The revised draft 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 above;
(b)other representations made within the consultation period; or
(c)other material considerations.
(3)After the expiration of at least 30 days from the beginning of the consultation period, the Mayor shall—
(a)send a copy of the revised draft Bill to the Assembly; and
(b)consult the Assembly about it.
(4)Where the Mayor sends a copy of the revised draft Bill to the Assembly pursuant to sub-paragraph (3)(a) above, he shall also give the Assembly notice of the period within which it may make representations to him about the revised draft Bill.
(5)The period specified under sub-paragraph (4) above must be such as will afford the Assembly a reasonable opportunity to consider the revised draft Bill and make representations about it to the Mayor.
(6)In this paragraph “the consultation period” has the same meaning as in paragraph 3 above.
5E+W+SIf, after the requirements of paragraph 4 above have been complied with, a Bill is deposited in Parliament by virtue of section 77(1)(a) of this Act, that Bill must be in the form of the revised draft Bill, either as originally prepared or as modified to take account of—
(a)representations made by the Assembly pursuant to paragraph 4 above; or
(b)other material considerations.
6E+W+SIf a Bill proposed to be deposited in Parliament by virtue of section 77(1)(a) of this Act 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.
7(1)This paragraph applies where a Bill (“the deposited Bill”) is deposited in Parliament by virtue of section 77(1)(a) of this Act.E+W+S
(2)During the period of 14 days following the day on which the deposited Bill is deposited in Parliament, the Mayor shall take such steps as in his opinion will give adequate publicity to the Bill.
(3)A copy of the deposited Bill shall be kept available by the Mayor for inspection by any person on request free of charge—
(a)at the principal offices of the Authority, and
(b)at such other places as the Mayor 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 Mayor may determine.
Section 87.
Textual Amendments
F803Words in Sch. 6 heading substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(a); S.I. 2011/2896, art. 2(i)
Modifications etc. (not altering text)
C180Sch. 6 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1999 c. 27, s. 30, Sch. 1 Pt. I para. 1)
1(1)It shall be the duty of the Mayor and the Assembly, in accordance with the following provisions of this Schedule, to prepare and approve for each financial year—E+W+S
(a)a budget for each of the constituent bodies as such (a “component budget”); and
(b)a consolidated budget for the Authority (a “consolidated budget”).
(2)A component budget must consist of statements of—
(a)the amount of the component [F804council tax] requirement for the constituent body concerned; and
(b)the calculations under section 85(4) to (7) of this Act which give rise to that amount.
(3)A consolidated budget must consist of statements of—
(a)the amount of the Authority’s consolidated [F805council tax] requirement;
(b)the amount of the component [F806council tax] requirement for each constituent body; and
(c)the calculations under section 85(4) to (8) of this Act which give rise to each of the amounts mentioned in paragraphs (a) and (b) above.
(4)In this Schedule “public meeting”, in relation to the Assembly, means a meeting of the Assembly throughout which members of the public are entitled to be present.
[F807(5)In this Schedule “the relevant principles”, in relation to a budget or a council tax requirement for a financial year, means the principles approved by the House of Commons for the financial year under section 52ZD of the Local Government Finance Act 1992 (principles in connection with council tax referendums).
(6)For the purposes of this Schedule, whether or not a budget or council tax requirement for a financial year complies with the relevant principles is to be determined by reference to whether or not the amount that would be calculated for the year under section 88 or 89 above (calculation of basic amount of council tax) by reference to the budget or council tax requirement is excessive by reference to the relevant principles.]
Textual Amendments
F804Words in Sch. 6 para. 1(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(b); S.I. 2011/2896, art. 2(i)
F805Words in Sch. 6 para. 1(3)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(b); S.I. 2011/2896, art. 2(i)
F806Words in Sch. 6 para. 1(3)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(b); S.I. 2011/2896, art. 2(i)
F807Sch. 6 para. 1(5)(6) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(2); S.I. 2011/2896, art. 2(i)
2(1)For each financial year, the Mayor shall prepare a draft of his proposed component budget for each of the constituent bodies (a “draft component budget”).E+W+S
[F808(2)The Mayor shall consult the Assembly—
(a)before preparing the draft component budget for the Mayor, and
(b)before preparing the draft component budget for the Assembly.]
(3)Before preparing the draft component budget for a functional body, the Mayor shall consult the body.
Textual Amendments
F808Sch. 6 para. 2(2) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(2), 59(4); S.I. 2007/3107, art. 3
3(1)After the Mayor has prepared the draft component budgets under paragraph 2 above, he shall prepare a draft of his proposed consolidated budget for the financial year (the “draft consolidated budget”).E+W+S
(2)Before finally determining the contents of the draft consolidated budget, the Mayor shall consult—
(a)the Assembly, if paragraph (b) below does not apply, or
(b)if the Assembly has so resolved, such committee or other representatives of the Assembly as may be specified in, or determined in accordance with, the resolution,
and (in either case) such other bodies or persons as appear appropriate to the Mayor.
(3)The Mayor shall—
(a)present the draft consolidated budget to the Assembly at a public meeting of the Assembly; and
(b)publish it in such manner as he may determine.
(4)It shall be the duty of the Mayor to comply with paragraph 2 and sub-paragraphs (1) to (3) above on or before [F80915th February] in the financial year preceding that to which the draft consolidated budget relates.
Textual Amendments
F809Words in Sch. 6 para. 3(4) substituted (10.1.2025 with application in relation to the financial year beginning on 1.4.2025 only) by The Greater London Authority (Consolidated Council Tax Requirement Procedure) Regulations 2024 (S.I. 2024/1276), regs. 1(1)(3), 2
4(1)If the Mayor fails to comply with paragraph 3(4) above, the Assembly shall—E+W+S
(a)prepare a draft component budget for each functional body, after consultation with that body;
[F810(b)prepare a draft component budget for the Mayor;
(bb)prepare a draft component budget for the Assembly; and]
(c)prepare a draft consolidated budget.
[F811(1A)If the draft consolidated budget does not comply with the relevant principles, the Assembly shall also prepare a draft substitute consolidated budget that complies with those principles.]
(2)If, at a public meeting of the Assembly, the draft consolidated budget prepared under sub-paragraph (1)(c) above is approved by the Assembly—
(a)that draft, as so approved, shall be the Authority’s consolidated budget for the financial year to which it relates; and
(b)the following provisions of this Schedule shall not apply in relation to the consolidated budget or the component budgets for that financial year.
[F812(3)If, at the public meeting referred to in sub-paragraph (2) above, the draft substitute consolidated budget prepared under sub-paragraph (1A) above is approved by the Assembly, that draft, as so approved, shall be the Authority's substitute consolidated budget for the financial year to which it relates.]
Textual Amendments
F810Sch. 6 para. 4(1)(b)(bb) substituted for Sch. 6 para. 4(1)(b) (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(3), 59(4); S.I. 2007/3107, art. 3
F811Sch. 6 para. 4(1A) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(3)(a); S.I. 2011/2896, art. 2(i)
F812Sch. 6 para. 4(3) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(3)(b); S.I. 2011/2896, art. 2(i)
5(1)This paragraph applies where the Mayor presents a draft consolidated budget to the Assembly in accordance with paragraph 3 above.E+W+S
(2)The draft consolidated budget must be considered at a public meeting of the Assembly.
(3)The Assembly must approve the draft consolidated budget, together with the draft component budgets comprised in it, with or without amendment [F813(but see paragraph 5A below)].
(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by the Assembly.
(5)If no amendments are made on consideration of the draft consolidated budget (whether to that budget or to any of the draft component budgets comprised in it) the draft consolidated budget shall be deemed to be approved without amendment.
Textual Amendments
F813Words in Sch. 6 para. 5(3) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(4), 59(4); S.I. 2007/3107, art. 3
Textual Amendments
F814Sch. 6 para. 5A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(5), 59(4); S.I. 2007/3107, art. 3
5A(1)In exercising its powers of amendment under paragraph 5(3) above, the Assembly must not make amendments affecting the amount of the draft component [F815council tax] requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S
(2)Amendments contravene this sub-paragraph if—
(a)the effect of implementing the amendments is to increase the amount of the draft component [F816council tax] requirement for the Assembly, and
(b)the condition in sub-paragraph (3) below is met.
(3)The condition is that—
(a)the draft component [F817council tax] requirement for the Assembly, after implementing the amendments,
exceeds
(b)the adjusted previous component [F817council tax] requirement for the Assembly.
(4)Find the adjusted previous component [F817council tax] requirement for the Assembly as follows.
(5)Find NM and OM, where—
NM is the draft component [F817council tax] requirement for the Mayor, before implementing any amendments under paragraph 5(3) above;
OM is the component [F817council tax] requirement for the Mayor for the previous financial year.
(6)If NM is greater than OM—
(a)find the percentage by which NM is greater than OM, and
(b)increase the amount of the component [F818council tax] requirement for the Assembly for the previous financial year by the same percentage.
The result is the adjusted previous component budget requirement for the Assembly.
(7)If NM is less than OM—
(a)find the percentage by which NM is less than OM, and
(b)reduce the amount of the component [F819council tax] requirement for the Assembly for the previous financial year by the same percentage.
The result is the adjusted previous component [F819council tax] requirement for the Assembly.
(8)If NM equals OM, then—
(a)the adjusted previous component [F819council tax] requirement for the Assembly,
equals
(b)the amount of the component [F819council tax] requirement for the Assembly for the previous financial year.
(9)The Authority's chief finance officer may direct that such amounts as he may specify in the direction are to be left out of account for the purpose of determining the adjusted previous component [F819council tax] requirement for the Assembly.
(10)The Secretary of State may give the chief finance officer guidance with respect to the exercise of the power to give a direction under sub-paragraph (9) above.
(11)The chief finance officer must have regard to any such guidance.
(12)For the purposes of this Schedule the “draft component [F820council tax] requirement” for any constituent body is the component [F820council tax] requirement for the body as stated in the draft component budget for the body.]
Textual Amendments
F815Words in Sch. 6 para. 5A(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)
F816Words in Sch. 6 para. 5A(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)
F817Words in Sch. 6 paras. 5A(3)-(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)
F818Words in Sch. 6 para. 5A(6)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)
F819Words in Sch. 6 paras. 5A(7)-(9) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)
F820Words in Sch. 6 para. 5A(12) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)
6(1)After—E+W+S
(a)the draft consolidated budget has been approved (with or without amendment) under paragraph 5 above, or
(b)such period as the Mayor considers reasonable has elapsed without the draft consolidated budget having been so approved,
the Mayor shall prepare a final draft of his proposed consolidated budget for the financial year (the “final draft budget”).
(2)In a case falling within paragraph (b) of sub-paragraph (1) above—
(a)the Mayor shall lay before the Assembly in accordance with the standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and
(b)on the laying of the statement, the Assembly shall be deemed to have approved the draft consolidated budget without amendment.
(3)Whether the Assembly have approved the draft consolidated budget with or without amendment, the final draft budget may be—
(a)the draft consolidated budget, as approved by the Assembly, with the amendments (if any) made under paragraph 5 above;
(b)the draft consolidated budget amended by the Mayor as he considers appropriate; or
(c)the same as the draft consolidated budget.
(4)The Mayor shall—
(a)present the final draft budget to the Assembly; and
(b)publish it in such manner as he may determine.
(5)If—
(a)the Assembly approved the draft consolidated budget with amendments under paragraph 5 above, but
(b)the final draft budget is anything other than the draft consolidated budget with those amendments,
the Mayor, at the time when he presents the final draft budget to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft budget which is not the draft consolidated budget with those amendments.
(6)It shall be the duty of the Mayor (having regard to paragraph 8(7) below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.
Textual Amendments
F821Sch. 6 para. 6A and cross-heading inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(4); S.I. 2011/2896, art. 2(i)
6A(1)This paragraph applies if the Mayor prepares a final draft budget that does not comply with the relevant principles.E+W+S
(2)The Mayor shall also prepare a draft substitute consolidated budget that complies with those principles.
(3)The Mayor shall—
(a)present the draft substitute consolidated budget to the Assembly, and
(b)publish it in such manner as the Mayor may determine.
(4)The Mayor shall, at the time when the Mayor presents the draft substitute consolidated budget to the Assembly, lay before the Assembly in accordance with standing orders of the Authority a written statement of the reasons for the differences between the final draft budget and the draft substitute consolidated budget.
(5)It shall be the duty of the Mayor (having regard to paragraphs 8(7) and 8C below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.]
7(1)This paragraph applies if the Mayor has complied with paragraph 3(4) above but has failed to comply with paragraph 6(6) above.E+W+S
(2)Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority’s consolidated [F822council tax] requirement.
(3)The component [F822council tax] requirement of each of the constituent bodies shall be agreed by the Assembly.
(4)The Authority’s consolidated [F822council tax] requirement shall be deemed to be agreed by the Assembly accordingly.
[F823(4A)If the Authority's consolidated council tax requirement does not comply with the relevant principles, the Assembly shall also agree a substitute consolidated council tax requirement that complies with those principles at the public meeting.]
(5)Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the consolidated budget or the component budgets for the financial year in question.
Textual Amendments
F822Words in Sch. 6 para. 7(2)-(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(d); S.I. 2011/2896, art. 2(i)
F823Sch. 6 para. 7(4A) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(5); S.I. 2011/2896, art. 2(i)
8(1)This paragraph applies where the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above.E+W+S
(2)The final draft budget must be considered at a public meeting of the Assembly.
(3)After considering the final draft budget, the Assembly must approve it with or without amendment [F824 (but see paragraph 8A below) ] .
(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.
(5)If no amendments are made on consideration of the final draft budget, the final draft budget shall be deemed to be approved without amendment.
(6)The final draft budget as approved by the Assembly with or without amendment shall be the Authority’s consolidated budget for the financial year.
[F825(6A)Sub-paragraph (6B) below applies if—
(a)the final draft budget is approved by the Assembly with amendments, and
(b)as a result, the final draft budget no longer complies with the relevant principles.
(6B)The Assembly shall also agree a substitute consolidated budget that complies with those principles at the public meeting.]
(7)It shall be the duty of the Assembly to approve the final draft budget with or without amendment before the last day of February in the financial year preceding that to which the final draft budget relates.
Textual Amendments
F824Words in Sch. 6 para. 8(3) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(6), 59(4); S.I. 2007/3107, art. 3
F825Sch. 6 para. 8(6A)(6B) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(6); S.I. 2011/2896, art. 2(i)
Textual Amendments
F826Sch. 6 para. 8A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(7), 59(4); S.I. 2007/3107, art. 3
8A(1)In exercising its powers of amendment under paragraph 8 above, the Assembly must not make amendments affecting the amount of the final draft component [F827council tax] requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S
(2)Amendments contravene this sub-paragraph if—
(a)the effect of implementing the amendments is to increase the amount of the final draft component [F828council tax] requirement for the Assembly, and
(b)the condition in sub-paragraph (3) below is met.
(3)The condition is that—
(a)the final draft component [F829council tax] requirement for the Assembly, after implementing the amendments,
exceeds
(b)the adjusted previous component [F829council tax] requirement for the Assembly.
(4)Find the adjusted previous component [F829council tax] requirement for the Assembly as follows.
(5)Find NM and OM, where—
NM is the final draft component [F829council tax] requirement for the Mayor, before implementing any amendments under paragraph 8(3) above;
OM is the component [F829council tax] requirement for the Mayor for the previous financial year.
(6)If NM is greater than OM—
(a)find the percentage by which NM is greater than OM, and
(b)increase the amount of the component [F830council tax] requirement for the Assembly for the previous financial year by the same percentage.
The result is the adjusted previous component [F830council tax] requirement for the Assembly.
(7)If NM is less than OM—
(a)find the percentage by which NM is less than OM, and
(b)reduce the amount of the component [F831council tax] requirement for the Assembly for the previous financial year by the same percentage.
The result is the adjusted previous component [F831council tax] requirement for the Assembly.
(8)If NM equals OM, then—
(a)the adjusted previous component [F832council tax] requirement for the Assembly,
equals
(b)the amount of the component [F832council tax] requirement for the Assembly for the previous financial year.
(9)Sub-paragraphs (9) to (11) of paragraph 5A above (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.
(10)For the purposes of this Schedule the “final draft component budget requirement” for any constituent body is the component [F833council tax] requirement for the body as stated in the final draft [F833council tax].]
Textual Amendments
F827Words in Sch. 6 para. 8A(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)
F828Words in Sch. 6 para. 8A(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)
F829Words in Sch. 6 paras. 8A(3)-(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)
F830Words in Sch. 6 para. 8A(6)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)
F831Words in Sch. 6 para. 8A(7) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)
F832Words in Sch. 6 para. 8A(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)
F833Words in Sch. 6 para. 8A(10) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)
Textual Amendments
F834Sch. 6 paras. 8B-8D and cross-headings inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(7); S.I. 2011/2896, art. 2(i)
8B(1)This paragraph applies if—E+W+S
(a)the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above, and
(b)the Mayor has failed to comply with paragraph 6A(5) above.
(2)If at the public meeting held under paragraph 8 above the Assembly approves a final draft budget that does not comply with the relevant principles, it shall also agree a substitute consolidated budget that complies with those principles at that meeting.
8C(1)This paragraph applies if—E+W+S
(a)the Mayor presents a draft substitute consolidated budget to the Assembly in accordance with paragraph 6A above,
(b)a public meeting is held under paragraph 8 above to consider the draft final budget to which it relates, and
(c)the final budget as approved at that public meeting continues not to comply with the relevant principles.
(2)The draft substitute consolidated budget must be considered at the public meeting.
(3)After considering the draft substitute consolidated budget, the Assembly must approve it with or without amendment (but see paragraph 8D below).
(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.
(5)If no amendments are made on consideration of the draft substitute consolidated budget, it shall be deemed to be approved without amendment.
(6)The draft substitute consolidated budget as approved by the Assembly with or without amendments shall be the Authority's substitute consolidated budget for the financial year.
8D(1)Paragraph 8A above applies to amendments to the draft substitute consolidated budget as it applies to amendments to the final draft budget but as if—E+W+S
(a)references to the final draft component council tax requirement for the Assembly were to the component council tax requirement for the Assembly as stated in the draft substitute consolidated budget, and
(b)references to the final draft component council tax requirement for the Mayor were to the component council tax requirement for the Mayor as stated in the draft substitute consolidated budget.
(2)In exercising its powers of amendment under paragraph 8C above, the Assembly must not in any event make amendments that mean that the draft substitute consolidated budget no longer complies with the relevant principles.]
9E+W+SIf the Assembly fails to comply with paragraph 8(7) above, the final draft budget presented to the Assembly in accordance with paragraph 6 above shall be the Authority’s consolidated budget for the financial year.
Textual Amendments
F835Sch. 6 para. 9ZA and cross-heading inserted (with effect in accordance with art. 1(2)(3) of the amending S.I.) by The Localism Act 2011 (Consequential Amendments) Order 2014 (S.I. 2014/389), art. 7
9ZA.(1)This paragraph applies if—E+W+S
(a)the Assembly was required to prepare a draft substitute consolidated budget for a financial year in accordance with sub-paragraph (1A) of paragraph 4 above, but has failed to approve such a draft substitute consolidated budget at a public meeting held under sub-paragraph (2) of that paragraph,
(b)the Assembly was required to agree a substitute consolidated council tax requirement for a financial year at a public meeting in accordance with paragraph 7(4A) above, but has failed to comply with that requirement, or
(c)the Assembly was required to agree a substitute consolidated budget for a financial year at a public meeting in accordance with paragraph 8(6B) or 8B(2) above, but has failed to comply with that requirement.
(2)The Assembly must, at a public meeting of the Assembly, agree a substitute consolidated budget for the financial year or, as the case may be, a substitute consolidated council tax requirement for that year that (in either case) complies with the relevant principles.
(3)A public meeting held under sub-paragraph (2) to agree a substitute consolidated budget or a substitute consolidated council tax requirement for a financial year may be held at any time before or after the end of that year.]
Textual Amendments
F836Sch. 6 para. 9A and cross-heading inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(8); S.I. 2011/2896, art. 2(i)
9AE+W+SIf the Assembly fails to comply with paragraph 8C above, the draft substitute consolidated budget presented to the Assembly in accordance with paragraph 6A above shall be the Authority's substitute consolidated budget for the year.]
10E+W+SThe Secretary of State may by regulations modify this Schedule in its application in relation to any particular financial year, by substituting for any reference to 1st February in the preceding financial year a reference to such other day as may be specified in the regulations.
Commencement Information
I92Sch. 6 para. 10 wholly in force at 3.7.2000; by virtue of s. 425(2) it is provided that the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; Sch. 6 para. 10 in force at 3.7.2000 by S.I. 1999/3434, art. 4
11(1)The Mayor shall as soon as practicable publish each of the following documents—E+W+S
(a)the Authority’s consolidated budget for the year; and
(b)the component budget of each constituent body for the year.
(2)In this paragraph “relevant document” means any document required to be published under sub-paragraph (1) above.
(3)A copy of each relevant document shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
(4)A copy of any relevant document, or any part of a relevant document, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
(5)In this paragraph “the appropriate period” in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.
Section 98.
Modifications etc. (not altering text)
C181Sch. 7 applied by 1992 c. 14, s. 52ZU(11) (as inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 72(1), 240(2), Sch. 5; S.I. 2011/2896, art. 2(i))
1(1)This Schedule applies in relation to any substitute calculations which are required to be made in accordance with it.E+W+S
(2)In this Schedule “public meeting”, in relation to the Assembly, means a meeting of the Assembly throughout which members of the public are entitled to be present.
2(1)The Mayor shall prepare a draft of his proposals for the substitute calculations (“the first draft”).E+W+S
(2)Before finally determining the contents of the first draft, the Mayor shall consult—
(a)the Assembly; and
(b)each of the functional bodies affected by the proposals.
(3)The Mayor shall—
(a)lay the first draft before the Assembly in accordance with standing orders of the Authority; and
(b)publish it in such manner as he may determine.
3(1)This paragraph applies if the Mayor has not complied with paragraph 2(3) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section [F83752ZW] of the M363Local Government Finance Act 1992.E+W+S
(2)Where this paragraph applies, the Assembly shall prepare a draft of their proposals for the substitute calculations, after consulting each of the functional bodies affected by the proposals.
(3)If, at a public meeting of the Assembly, the draft proposals prepared under sub-paragraph (2) above are approved by the Assembly—
(a)the Authority’s substitute calculations shall be the substitute calculations in that draft as so approved; and
(b)the following provisions of this Schedule shall not apply in relation to the substitute calculations.
Textual Amendments
F837Word in Sch. 7 para. 3(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 38(2); S.I. 2011/2896, art. 2(i)
Marginal Citations
4(1)This paragraph applies where the Mayor has laid the first draft before the Assembly in accordance with paragraph 2 above.E+W+S
(2)The first draft must be considered at a public meeting of the Assembly.
(3)The Assembly must approve the first draft with or without amendment.
(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by the Assembly.
(5)If no amendments are made on consideration of the first draft, the first draft shall be deemed to be approved without amendment.
Textual Amendments
F838Sch. 7 para. 4A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 14(2), 59(4); S.I. 2007/3107, art. 3
4A(1)In exercising its powers of amendment under paragraph 4(3) above, the Assembly must not make amendments affecting the amount of the first draft component [F839council tax] requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S
(2)Amendments contravene this sub-paragraph if—
(a)the effect of implementing the amendments is to increase the amount of the first draft component [F840council tax] requirement for the Assembly, and
(b)the condition in sub-paragraph (3) below is met.
(3)The condition is that—
(a)the first draft component [F841council tax] requirement for the Assembly, after implementing the amendments,
exceeds
(b)the adjusted previous component [F841council tax] requirement for the Assembly (see sub-paragraph (5)).
(4)This paragraph is without prejudice to section 49(2) of the Local Government Finance Act 1992 (substitute amount not to exceed previous amount (but see section 49(6) of that Act)).
(5)Find the adjusted previous component [F842council tax] requirement for the Assembly as follows.
(6)Find NM and OM, where—
NM is the first draft component [F842council tax] requirement for the Mayor, before implementing any amendments under paragraph 4(3) above;
OM is the component [F842council tax] requirement for the Mayor for the previous financial year.
(7)If NM is greater than OM—
(a)find the percentage by which NM is greater than OM, and
(b)increase the amount of the component [F842council tax] requirement for the Assembly for the previous financial year by the same percentage.
The result is the adjusted previous component [F842council tax] requirement for the Assembly.
(8)If NM is less than OM—
(a)find the percentage by which NM is less than OM, and
(b)reduce the amount of the component [F842council tax] requirement for the Assembly for the previous financial year by the same percentage.
The result is the adjusted previous component [F842council tax] requirement for the Assembly.
(9)If NM equals OM, then—
(a)the adjusted previous component [F842council tax] requirement for the Assembly,
equals
(b)the amount of the component [F842council tax] requirement for the Assembly for the previous financial year.
(10)Sub-paragraphs (9) to (11) of paragraph 5A of Schedule 6 to this Act (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.
(11)For the purposes of this Schedule—
(a)“component budget” has the same meaning as in Schedule 6 to this Act;
(b)the “first draft component budget” for any constituent body is the draft component budget for that body comprised in the first draft;
(c)the “first draft component [F843council tax] requirement” for any constituent body is the component [F843council tax] requirement for the body as stated in the first draft component budget for the body.]
Textual Amendments
F839Words in Sch. 7 para. 4A(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(a); S.I. 2011/2896, art. 2(i)
F840Words in Sch. 7 para. 4A(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(a); S.I. 2011/2896, art. 2(i)
F841Words in Sch. 7 para. 4A(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(a); S.I. 2011/2896, art. 2(i)
F842Words in Sch. 7 paras. 4A(5)-(9) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(a); S.I. 2011/2896, art. 2(i)
F843Words in Sch. 7 para. 4A(11)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(a); S.I. 2011/2896, art. 2(i)
5(1)After—E+W+S
(a)the first draft has been approved (with or without amendment) under paragraph 4 above, or
(b)such period as the Mayor considers reasonable has elapsed without the first draft having been so approved,
the Mayor shall prepare a final draft of his proposals for the substitute calculations (“the final draft”).
(2)In a case falling within paragraph (b) of sub-paragraph (1) above—
(a)the Mayor shall lay before the Assembly in accordance with standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and
(b)on the laying of the statement, the Assembly shall be deemed to have approved the first draft without amendment.
(3)Whether the Assembly have approved the first draft with or without amendment, the final draft may be—
(a)the first draft, as approved by the Assembly, with the amendments (if any) made under paragraph 4 above;
(b)the first draft amended by the Mayor as he considers appropriate; or
(c)the same as the first draft.
(4)The Mayor shall—
(a)present the final draft to the Assembly; and
(b)publish it in such manner as he may determine.
(5)If—
(a)the Assembly approved the first draft with amendments under paragraph 4 above, but
(b)the final draft is anything other than the first draft with those amendments,
the Mayor, at the time when he presents the final draft to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft which is not the first draft with those amendments.
6(1)This paragraph applies if the Mayor has complied with paragraph 2(3) above but has failed to comply with paragraph 5(4) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section [F84452ZW] of the M364Local Government Finance Act 1992.E+W+S
(2)Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority’s substitute calculations.
(3)The substitute calculations shall be agreed by the Assembly.
(4)Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the substitute calculations.
Textual Amendments
F844Word in Sch. 7 para. 6(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 38(3); S.I. 2011/2896, art. 2(i)
Marginal Citations
7(1)This paragraph applies where the Mayor presents a final draft to the Assembly in accordance with paragraph 5 above.E+W+S
(2)The final draft must be considered at a public meeting of the Assembly.
(3)After considering the final draft, the Assembly must approve it with or without amendment.
(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.
(5)If no amendments are made on consideration of the final draft, the final draft shall be deemed to be approved without amendment.
(6)The Authority’s substitute calculations shall be those in the final draft as approved by the Assembly with the amendments (if any) made in accordance with sub-paragraphs (3) and (4) above.
Textual Amendments
F845Sch. 7 para. 7A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 14(3), 59(4); S.I. 2007/3107, art. 3
7A(1)In exercising its powers of amendment under paragraph 7 above, the Assembly must not make amendments affecting the amount of the final draft component [F846council tax] requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S
(2)Amendments contravene this sub-paragraph if—
(a)the effect of implementing the amendments is to increase the amount of the final draft component [F847council tax] requirement for the Assembly, and
(b)the condition in sub-paragraph (3) below is met.
(3)The condition is that—
(a)the final draft component [F848council tax] requirement for the Assembly, after implementing the amendments,
exceeds
(b)the adjusted previous component [F848council tax] requirement for the Assembly (see sub-paragraph (5)).
(4)This paragraph is without prejudice to section 49(2) of the Local Government Finance Act 1992 (substitute amount not to exceed previous amount (but see section 49(6) of that Act)).
(5)Find the adjusted previous component [F849council tax] requirement for the Assembly as follows.
(6)Find NM and OM, where—
NM is the final draft component [F849council tax] requirement for the Mayor, before implementing any amendments under paragraph 7(3) above;
OM is the component [F849council tax] requirement for the Mayor for the previous financial year.
(7)If NM is greater than OM—
(a)find the percentage by which NM is greater than OM, and
(b)increase the amount of the component [F849council tax] requirement for the Assembly for the previous financial year by the same percentage.
The result is the adjusted previous component [F849council tax] requirement for the Assembly.
(8)If NM is less than OM—
(a)find the percentage by which NM is less than OM, and
(b)reduce the amount of the component [F849council tax] requirement for the Assembly for the previous financial year by the same percentage.
The result is the adjusted previous component [F849council tax] requirement for the Assembly.
(9)If NM equals OM, then—
(a)the adjusted previous component [F849council tax] requirement for the Assembly,
equals
(b)the amount of the component [F849council tax] requirement for the Assembly for the previous financial year.
(10)Sub-paragraphs (9) to (11) of paragraph 5A of Schedule 6 to this Act (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.
(11)For the purposes of this Schedule the “final draft component [F850council tax] requirement” for any constituent body is the component [F850council tax] requirement for that body as stated in the final draft.]
Textual Amendments
F846Words in Sch. 7 para. 7A(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(b); S.I. 2011/2896, art. 2(i)
F847Words in Sch. 7 para. 7A(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(b); S.I. 2011/2896, art. 2(i)
F848Words in Sch. 7 para. 7A(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(b); S.I. 2011/2896, art. 2(i)
F849Words in Sch. 7 paras. 7A(5)-(9) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(b); S.I. 2011/2896, art. 2(i)
F850Words in Sch. 7 para. 7A(11) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(b); S.I. 2011/2896, art. 2(i)
8E+W+SIf the Assembly fails to approve the final draft, with or without amendment, before the end of the period of 21 days beginning with the day on which the Mayor presented the final draft, the Authority’s substitute calculations shall be those in the final draft presented to the Assembly in accordance with paragraph 5 above.
9(1)This paragraph applies where any substitute calculations are made in accordance with this Schedule.E+W+S
(2)Where this paragraph applies, the Mayor shall as soon as practicable publish a document containing the substitute calculations.
(3)In this paragraph “relevant document” means any document required to be published under sub-paragraph (2) above.
(4)A copy of each relevant document shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
(5)A copy of any relevant document, or any part of a relevant document, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
(6)In this paragraph “the appropriate period” in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.
Prospective
Section 133.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F851Sch. 8 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)
Section 136.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F852Sch. 9 repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 12; S.I. 2012/57, art. 4(1)(ee)(iii)
Section 154.
1(1)Transport for London shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W+S
(2)The members and staff of Transport for London shall not be regarded as civil servants and the property of Transport for London shall not be regarded as property of, or held on behalf of, the Crown.
(3)It shall be within the capacity of Transport for London to do such things and enter into such transactions as are calculated to facilitate, or are conducive or incidental to, the discharge of any of its functions.
2(1)Subject to sub-paragraph (2), Transport for London shall consist of not less than eight nor more than [F853seventeen] members, all of whom shall be appointed by the Mayor.E+W+S
(2)The Mayor may choose to be a member of Transport for London and where he does so he shall appoint not less than seven nor more than [F854sixteen] other members under sub-paragraph (1) above.
[F855(2A)The Mayor must exercise his powers under this paragraph so as to secure that at least two members of Transport for London are able to represent the interests of the persons living, working and studying in areas outside Greater London that are served by railway passenger services in respect of which Transport for London carries out functions, or is likely to do so.]
(3)In appointing a person under sub-paragraph (1) above, the Mayor shall have regard to the desirability of ensuring that the members of Transport for London between them have experience in—
(a)transport (including in particular the impact of transport on business and the environment),
(b)finance and commerce,
(c)national and local government,
(d)the management of organisations, and
(e)the organisation of trade unions, or matters relating to workers generally,
and that the membership of Transport for London represents the interests in relation to transport of women and of persons who require transport which is accessible to persons with mobility problems.
[F856(3A)Before making an appointment for the purposes of sub-paragraph (2A) above, the Mayor must consult the [F857responsible regional authorities (within the meaning of Part 5 of the Local Democracy, Economic Development and Construction Act 2009)] for each of the regions where the areas served by the services mentioned in that sub-paragraph are situated.]
F858(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F859(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F860(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The terms and conditions of appointment of a member of Transport for London (including conditions as to remuneration [F861and allowances] ) shall be such as the Mayor may determine [F862(but this is subject to paragraph 3A below)].
(7)The Mayor may by notice to a member of Transport for London remove that member from office.
[F863(8)In this paragraph—
“railway passenger service” has the same meaning as in Part 1 of the Railways Act 1993; and
“regional planning body” and “region” have the same meanings as in Part 1 of the Planning and Compulsory Purchase Act 2004.]
Textual Amendments
F853Word in Sch. 10 para. 2(1) substituted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(2), 60(2); S.I. 2007/1993, art. 2
F854Word in Sch. 10 para. 2(2) substituted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(3), 60(2); S.I. 2007/1993, art. 2
F855Sch. 10 para. 2(2A) inserted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(4), 60(2); S.I. 2007/1993, art. 2
F856Sch. 10 para. 2(3A) inserted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(5), 60(2); S.I. 2007/1993, art. 2
F857Words in Sch. 10 para. 2(3A) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 11; S.I. 2009/3318, art. 4(gg)
F858Sch. 10 para. 2(4) repealed (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 18(2)(a), 59(7), Sch. 2; S.I. 2008/113, art. 2(b)(m)
F859Sch. 10 para. 2(5) repealed (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 18(2)(b), 59(7), Sch. 2; S.I. 2008/113, art. 2(b)(m)
F860Sch. 10 para. 2(5A) repealed (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 18(2)(c), 59(7), Sch. 2; S.I. 2008/113, art. 2(b)(m)
F861Words in Sch. 10 para. 2(6) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 19(2)(a), 59(7); S.I. 2008/113, art. 2(b)
F862Words in Sch. 10 para. 2(6) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 19(2)(b), 59(7); S.I. 2008/113, art. 2(b)
F863Sch. 10 para. 2(8) inserted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(7), 60(2); S.I. 2007/1993, art. 2
3(1)Subject to sub-paragraph (2), the Mayor shall designate—E+W+S
(a)one of the members of Transport for London to be chairman of Transport for London, and
(b)another of the members to be deputy chairman of Transport for London.
(2)Where the Mayor is a member of Transport for London, he shall be the chairman.
Textual Amendments
F864Sch. 10 para. 3A inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 19(3), 59(7); S.I. 2008/113, art. 2(b)
3A(1)Payments by way of remuneration or allowances, other than allowances in respect of travel or subsistence, shall not be made to members of Transport for London who are also Assembly members.E+W+S
(2)Sub-paragraph (1) above does not prevent the payment of an allowance under paragraph 2(6) above to the chairman or deputy chairman of Transport for London in respect of that office.]
4(1)Transport for London may appoint such staff as it considers necessary for assisting it in the exercise of any of its functions.E+W+S
(2)The staff of Transport for London shall be appointed on such terms and conditions (including conditions as to remuneration) as Transport for London shall determine.
5(1)Subject to the provisions of this Schedule, Transport for London may regulate its own procedure and that of committees of Transport for London and sub-committees of such committees (and in particular may specify a quorum for meetings).E+W+S
(2)The validity of any proceedings of Transport for London shall not be affected—
(a)by any vacancy among the members or in the office of chairman or deputy chairman, or
(b)by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of Transport for London.
6(1)A committee of Transport for London or a sub-committee of such a committee may include persons who are not members of Transport for London.E+W+S
(2)A person who is a member of a committee of Transport for London or a sub-committee of such a committee but is not a member of Transport for London shall be a non-voting member of the committee or sub-committee.
7(1)Subject to any express provision contained in this Act or any Act passed after this Act, Transport for London may arrange for any of its functions to be discharged on its behalf by—E+W+S
(a)any committee of Transport for London,
(b)any sub-committee of such a committee,
(c)any wholly owned subsidiary ([F865as defined in section 1159 of the Companies Act 2006]) of Transport for London,
(d)any member or officer of Transport for London, or
(e)any body of members or officers, or members and officers, of Transport for London.
(2)Where Transport for London makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by Transport for London.
(3)Arrangements made by Transport for London for the discharge of functions under this paragraph shall not prevent Transport for London from exercising those functions.
Textual Amendments
F865Words in Sch. 10 para. 7(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(7) (with art. 10)
8(1)Where Transport for London makes arrangements for the discharge of any function by a committee under paragraph 7 above, the committee may (subject to any conditions imposed by Transport for London) arrange for the discharge of the function on its behalf by—E+W+S
(a)any sub-committee of the committee,
(b)any member or officer of Transport for London, or
(c)any body of members or officers, or members and officers, of Transport for London.
(2)Where—
(a)Transport for London makes arrangements for the discharge of any function by a sub-committee under paragraph 7 above, or
(b)a committee of Transport for London makes arrangements for the discharge of any function by a sub-committee under sub-paragraph (1) above,
the sub-committee may (subject to any conditions imposed by Transport for London or the committee) arrange for the discharge of the function on its behalf by any member or officer of Transport for London, or any body of members or officers, or members and officers, of Transport for London.
(3)Where a committee or sub-committee makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by the committee or sub-committee.
(4)Arrangements made by a committee or sub-committee for the discharge of functions under this paragraph shall not prevent the committee or sub-committee from exercising those functions.
9(1)Transport for London shall be treated as a local authority for the purposes of the following provisions of the M365Local Government Act 1972 (arrangements for discharge of functions of a local authority by joint committees with other local authorities)—E+W+S
(a)section 101(5),
(b)section 102 apart from subsection (1)(a) and subsection (4) to the extent that it would permit Transport for London to appoint a committee which is not a joint committee, and
(c)section 103.
(2)Nothing in section 13 of the M366Local Government and Housing Act 1989 shall require a person to be treated as a non-voting member of a committee appointed by Transport for London and one or more other local authorities by virtue of section 101(5) of the M367Local Government Act 1972 if that person—
(a)is appointed to the committee by Transport for London, and
(b)is not a member of Transport for London.
10(1)Minutes shall be kept of proceedings of Transport for London, of its committees and of sub-committees of such committees.E+W+S
(2)Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.
(3)Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.
11(1)The application of the seal of Transport for London shall be authenticated by the signature of any member, officer or member of staff of Transport for London who has been authorised for the purpose, whether generally or specially, by Transport for London.E+W+S
(2)In sub-paragraph (1) above the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 12 below, the word “signed” shall be construed accordingly.
12(1)Any document which Transport for London is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of Transport for London by any member, officer or member of staff of Transport for London who has been authorised for the purpose, whether generally or specially, by Transport for London.E+W+S
(2)Every document purporting to be an instrument made or issued by or on behalf of Transport for London and to be duly executed under the seal of Transport for London, or to be signed or executed by a person authorised by Transport for London for the purpose, shall be received in evidence and be treated, without further proof, as being so made or so issued unless the contrary is shown.
(3)Any notice which is required or authorised, by or under any provision of any other Act, to be given, served or issued by, to or on Transport for London shall be in writing.
13(1)If a member of Transport for London has any interest, whether direct or indirect, and whether pecuniary or not, in any matter that is brought up for consideration at a meeting of Transport for London he shall disclose the nature of the interest to the meeting; and, where such a disclosure is made—E+W+S
(a)the disclosure shall be recorded in the minutes of the meeting; and
(b)the member shall not take any part in any deliberation or decision of Transport for London, or any of its committees or sub-committees, with respect to that matter.
(2)A member need not attend in person at a meeting of Transport for London in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.
(3)The Mayor may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of Transport for London disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.
(4)The power of the Mayor under sub-paragraph (3) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Mayor.
(5)Where the Mayor exercises the power under sub-paragraph (3) above to remove a disability—
(a)he shall notify Transport for London that he has done so, and of his reasons for doing so, and
(b)the removal of the disability and the Mayor’s reasons shall be recorded in the minutes of Transport for London.
(6)If any person fails to comply with the provisions of sub-paragraph (1) above, he shall for each offence be liable on summary conviction to a fine not exceeding level 4 on the standard scale unless he proves that he did not know that the contract, proposed contract or other matter in which he had the interest was the subject of consideration at the meeting.
(7)A prosecution for an offence under this paragraph shall not be instituted except by or on behalf of the Director of Public Prosecutions.
(8)Transport for London may provide for the exclusion of a member from a meeting of Transport for London while any contract, proposed contract or other matter in which he has such an interest as is mentioned in sub-paragraph (1) above is under consideration.
(9)Section 95 of the M368Local Government Act 1972 (pecuniary interests for the purposes of section 94) shall apply for the purposes of this paragraph as it applies for the purposes of that section.
(10)Section 96 of that Act (general notices and recording of disclosures for the purposes of section 94) shall apply for the purposes of this paragraph, but taking—
(a)any reference to a proper officer of the authority as a reference to an officer appointed by Transport for London for the purpose;
(b)any reference to a member of the authority as a reference to a member of Transport for London;
(c)any reference to premises owned by the authority as a reference to premises owned by Transport for London; and
(d)any reference to section 94 of that Act as a reference to this paragraph.
(11)Subsections (4) and (5) of section 97 of that Act (disregard of certain interests for the purposes of section 94) shall apply in relation to this paragraph as they apply in relation to section 94 of that Act, but as if—
(a)the members of Transport for London were members of a local authority; and
(b)in subsection (5), for “a pecuniary interest” there were substituted “ an interest (whether pecuniary or not) ”.
(12)Section 19 of the M369Local Government and Housing Act 1989 (members’ interests) shall apply as if—
(a)Transport for London were a local authority;
(b)the members of Transport for London were the members of that local authority;
(c)an officer appointed by Transport for London for the purpose were the proper officer of that local authority,
(d)any reference to a pecuniary interest were a reference to an interest, whether pecuniary or not; and
(e)any reference to section 94 of the M370Local Government Act 1972 were a reference to this paragraph.
Section 156.
1(1)Transport for London may carry passengers by any form of land or water transport (including in either case hovercraft) within, to or from Greater London.E+W+S
(2)Transport for London may carry passengers as mentioned in sub-paragraph (1) above between places outside Greater London, in so far as Transport for London considers it requisite to do so—
(a)in connection with the exercise of its powers under that sub-paragraph; or
(b)in order to avoid an interruption of services provided by London Regional Transport in exercise of its powers under paragraph 1(2)(b) of Schedule 2 to the M371London Regional Transport Act 1984 (provision of services outside Greater London to avoid interruption of services formerly provided by the London Transport Executive under the M372Transport (London) Act 1969).
(3)Transport for London may also carry luggage and other goods.
2(1)Transport for London may enter into arrangements with any person providing passenger transport services by air for the provision of such services between places in Greater London or between such places and places outside Greater London.E+W+S
(2)Without prejudice to its powers under section 156 of this Act, Transport for London may enter into arrangements with any person operating a business of providing passenger vehicles for hire (whether with or without the services of a driver, and whether under private hire arrangements or by way of plying for public hire), for that person to make passenger vehicles operated by him available for hire, or for use in accordance with the arrangements, on such terms and in such manner as may be provided for by the arrangements, in or between places in Greater London or between such places and places outside Greater London.
(3)Any arrangements under this paragraph may include provision for the making of payments by Transport for London to the other party to the arrangements.
3(1)Transport for London may store within Greater London or in any premises of Transport for London outside Greater London goods which have been or are to be carried by Transport for London or a subsidiary of Transport for London.E+W+S
(2)So far as any premises provided for the purpose of discharging that or any other function of Transport for London are not required for that purpose, Transport for London may use those premises to provide facilities for the storage of other goods.
4E+W+STransport for London may provide amenities or facilities, and construct works, for the purpose of making those amenities, facilities or works available for the use of any other person in pursuance of any agreement under section 156(6).
5(1)Transport for London may provide such amenities and facilities as it considers would benefit persons using—E+W+S
(a)any services or facilities provided by Transport for London, by any subsidiary of Transport for London, or by any other person in pursuance of any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) of this Act or in pursuance of a transport subsidiary’s agreement; or
(b)any other London passenger services or London connecting services.
(2)Without prejudice to its powers under sub-paragraph (1) above, Transport for London may provide car parks and amenities or facilities for persons using them at any place convenient for prospective users of any services falling within sub-paragraph (1)(a) or (b) above.
(3)Transport for London may provide facilities for the parking or keeping of any public service vehicles used in the provision of any London passenger service or London connecting service at any place convenient for persons providing any such service.
(4)In this paragraph—
“London passenger service” means any service for the carriage of passengers within, to or from Greater London (whether or not provided by Transport for London, by any subsidiary of Transport for London, or by any such other person as is mentioned in sub-paragraph (1)(a) above); and
“London connecting service” means any service for the carriage of passengers to or from any place outside Greater London but convenient for prospective users of London passenger services or for persons seeking to transfer from London passenger services to services for the carriage of passengers to destinations further afield (including destinations outside the United Kingdom).
6(1)Where by virtue of any provision of paragraph 4 or 5 above Transport for London has power to provide any amenities or facilities (including any amenities or facilities of a particular description specifically mentioned in any such provision), Transport for London may enter into arrangements for the provision (including the management or operation) or (as the case may be) for the management or operation of any such amenities or facilities by any other person.E+W+S
(2)Any arrangements under this paragraph may include provision for the making of payments by Transport for London to, or for the giving of guarantees or any other financial assistance by Transport for London for the benefit of, the other party to the arrangements.
(3)References in this Act to amenities or facilities provided by Transport for London include amenities or facilities provided, or managed or operated, by any other person in pursuance of arrangements under this paragraph.
7(1)Transport for London may make (or waive) such charges for services and facilities and make the use of services and facilities subject to such terms and conditions, as Transport for London thinks fit.E+W+S
(2)Transport for London’s power under sub-paragraph (1) above is subject only to the provisions of this Act and to any local enactment so far as that local enactment expressly provides for freedom from charges or otherwise prohibits the making of any charge (as distinct from limiting the discretion of persons carrying on any particular undertaking as to the charges of any description to be made by them).
8(1)Transport for London may manufacture and repair any spare parts and components or other supplementary machinery or equipment required for the purpose of the operation or repair of any existing vehicles or other equipment of Transport for London or of any subsidiary of Transport for London.E+W+S
(2)Transport for London may repair any vehicles or other equipment, whether owned by Transport for London or any subsidiary of Transport for London or by any other person, and for the purpose of repairing any vehicle or equipment not belonging to Transport for London may supply any necessary parts and components for that vehicle or equipment.
(3)In this paragraph—
(a)references to manufacture include references to construction and production; and
(b)references to repair include references to maintenance.
9(1)Transport for London may provide for any person professional or technical advice or assistance, including research and other services, as respects any matter in which Transport for London has skill, experience or expertise.E+W+S
(2)Transport for London may, on the request of any person for whom it is providing advice or assistance under sub-paragraph (1) above, establish for that person an undertaking carrying on any business in which Transport for London has skill or experience and manage it on that person’s behalf.
(3)Transport for London may make such charges as it thinks fit in respect of anything done in exercise of its powers under this paragraph.
10(1)In this paragraph—E+W+S
(a)“relevant passenger service” means any London passenger service or London connecting service within the meaning of paragraph 5 above which is provided by any form of land or water transport (including, in either case, hovercraft); and
(b)“independent service” means any relevant passenger service provided otherwise than by Transport for London or by any of its subsidiaries.
(2)Transport for London may enter into arrangements with any person providing independent services for the reciprocal provision, on such terms as may be provided for by the arrangements, of ancillary services by each party to the arrangements in respect of any relevant passenger services provided by the other.
(3)In sub-paragraph (2) above, “ancillary services” includes, in relation to any relevant passenger services, the sale of tickets for the carriage of passengers on those services, the reservation of seats in vehicles used in the provision of those services and the provision of information about those services to members of the general public.
11E+W+STransport for London may let vehicles on hire.
12(1)Transport for London may dispose (whether absolutely or for a term of years) of any part of its undertaking or any property which in the opinion of the Mayor is not required by Transport for London for the purposes of the discharge by Transport for London of any of its functions and, in particular, may dispose of any interest in, or right over, any property which, subject to that interest or right, is retained by Transport for London.E+W+S
(2)Transport for London may supply to any person spare parts and components for passenger road vehicles disposed of by Transport for London in the exercise of its powers under sub-paragraph (1) above, or by a subsidiary of Transport for London, as being no longer required for the purposes of the discharge by Transport for London of any of its functions.
13E+W+STransport for London may—
(a)invest sums not immediately required for the purposes of the discharge by Transport for London of any of its functions,
(b)turn its resources to account so far as not required for those purposes, and
(c)spend such sums as it considers reasonable in the exploitation of commercial opportunities arising from the activities it carries on in the discharge of its functions.
14E+W+STransport for London may provide and maintain facilities for the transfer of freight—
(a)from a railway to any other mode of transport,
(b)to a railway from any other mode of transport,
(c)from a waterway to any other mode of transport,
(d)to a waterway from any other mode of transport.
15(1)Transport for London may develop its land in such manner as it thinks fit.E+W+S
(2)Transport for London may in particular—
(a)develop for use by other persons land belonging to Transport for London which is not required for the purposes of the discharge by Transport for London of any of its functions, and
(b)where the use of Transport for London’s land for the purposes of the discharge by Transport for London of any of its functions can be combined with its use by other persons, develop the land by constructing or adapting buildings on it for use wholly or partly by other persons,
with a view to the disposal of any right or interest in the land or (as the case may be) the buildings or any part of the buildings after the development is carried out.
(3)Where Transport for London proposes under this paragraph to develop any land for use otherwise than for the purposes of discharging any of its functions it may acquire by agreement other land in the vicinity for the purpose of developing it together with that land.
16E+W+STransport for London may grant an interest to any person in any land which it uses for the purposes of discharging any of its functions.
Prospective
17E+W+SSubject to paragraph 20 below, where Transport for London has an interest in land which is used otherwise than for the purposes of discharging any of its functions, it may acquire by agreement additional interests in that land in order better to exploit the interest which it already has in that land.
18(1)Subject to paragraph 20 below, Transport for London may acquire land for the purposes of discharging any of its functions (including the rehousing [F866or relocating] of the occupiers of dwellings [F867or other properties] acquired or to be acquired by Transport for London [F868or a subsidiary of Transport for London] ).E+W+S
(2)The power of Transport for London to acquire land under sub-paragraph (1) above includes a power to purchase land which Transport for London has no immediate plans to use or develop.
(3)Transport for London may acquire land by agreement for the purposes of any agreement entered into by it under section 156(2) or (3) of this Act or of any transport subsidiary’s agreement.
(4)Where Transport for London proposes to dispose of any of its land it may acquire by agreement land in the vicinity for the purpose of disposing of it together with the other land.
Textual Amendments
F866Words in Sch. 11 para. 18(1) inserted (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 50(a)
F867Words in Sch. 11 para. 18(1) inserted (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 50(b)
F868Words in Sch. 11 para. 18(1) inserted (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 50(c)
19(1)Subject to the following provisions of this paragraph and paragraph 20 below, the Secretary of State may authorise Transport for London to purchase compulsorily any land which is required by Transport for London or a subsidiary of Transport for London for the purposes of the discharge of any function.E+W+S
(2)The M373Acquisition of Land Act 1981 shall apply to any compulsory purchase by virtue of sub-paragraph (1) above.
(3)Transport for London shall not by virtue of sub-paragraph (1) above submit to the Secretary of State a compulsory purchase order authorising the acquisition of any land in accordance with section 2(2) of the Acquisition of Land Act 1981 unless the Mayor has given his consent.
(4)Activities carried on by Transport for London by virtue of paragraph 9 above shall not be treated for the purposes of sub-paragraph (1) above as the discharge by Transport for London of any of its functions.
(5)This paragraph does not authorise Transport for London to purchase compulsorily land which it has power to acquire by agreement under paragraph 15(3) or 18(3) or (4) above.
(6)Subject to sub-paragraph (7) below, the power of purchasing land compulsorily in this paragraph includes power to acquire an easement or other right over land by the creation of a new right.
(7)Sub-paragraph (6) above does not apply to an easement or other right over land which forms part of a common, open space or fuel or field garden allotment within the meaning of section 19 of the M374Acquisition of Land Act 1981.
20E+W+SExcept as provided by [F869section 403A, 403B or] paragraph 15(3), 17 or 18(3) or (4) above, Transport for London does not have power to acquire land (or any interest in land) for purposes which are not related to any of the activities, other than the development of land, of Transport for London or any subsidiary of Transport for London.
Textual Amendments
F869Words in Sch. 11 para. 20 inserted (E.W.) (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 36(3), 46(1); S.I. 2017/936, reg. 3(f)
21E+W+SWhere any activities for which provision is made by an agreement under section 156(2) or (3) of this Act or under a transport subsidiary’s agreement cease to be carried on by the other party (whether by reason of the expiry or termination of the agreement or otherwise), Transport for London may—
(a)acquire by agreement any land or other property used for the purpose of carrying on those activities; and
(b)in the case of an agreement under section 156(3) of this Act or of a transport subsidiary’s agreement falling within section 169(3) above, itself carry on those activities notwithstanding that it would not otherwise have power to do so.
22(1)Transport for London may do anything which appears to it to be practicable and desirable for the purpose of promoting—E+W+S
(a)research into matters affecting, or arising out of, the exercise of the functions of Transport for London or any of its subsidiaries, and
(b)the exploitation of the results of any research into any such matter (whether or not promoted by Transport for London) and of anything resulting from any idea affecting, or arising out of, the exercise of any of those functions.
(2)In paragraph (1)(b) above “exploitation” means the doing of any work requisite to enable the results or (as the case may be) the thing in question to be turned to account.
(3)Transport for London may exercise the powers under sub-paragraph (1) above by carrying out any research or work for that purpose itself or by arranging for it to be carried out or done by some other person with or without assistance (including financial assistance) from Transport for London.
(4)Nothing in this paragraph authorises Transport for London, either directly or through a subsidiary of Transport for London, to do any work which it would not have power to do apart from this paragraph.
23(1)Transport for London may do anything it thinks fit for the purpose of advancing—E+W+S
(a)the skill of persons employed by Transport for London or by any subsidiary of Transport for London;
(b)the efficiency of the equipment of Transport for London or of any subsidiary of Transport for London or of the manner in which that equipment is operated;
including providing, or assisting others in providing, facilities for training, education and research.
(2)Transport for London may provide houses, hostels and other similar accommodation for persons employed by Transport for London or by any subsidiary of Transport for London.
24E+W+STransport for London may acquire any undertaking or part of an undertaking if the assets comprised in the undertaking or the part of the undertaking are wholly or mainly assets which Transport for London requires for the purposes of discharging any of its functions.
25E+W+SFor the purposes of discharging any of its functions, Transport for London may subscribe for or acquire any securities of a body corporate.
26(1)Transport for London may make byelaws regulating—E+W+S
(a)the use and working of its railways;
(b)travel on its railways;
(c)the maintenance of order on its railways and railway premises, including stations and the approaches to stations;
(d)the conduct of all persons while on those premises, including officers and employees of Transport for London.
(2)Byelaws made by Transport for London by virtue of sub-paragraph (1) above may include in particular byelaws—
(a)with respect to tickets issued for entry on its railway premises or travel on its railways and the evasion of payment of fares and other charges;
(b)with respect to interference with or obstruction of the working of the railways;
(c)with respect to the smoking of tobacco in railway carriages and elsewhere;
(d)with respect to the prevention of nuisances;
(e)with respect to the receipt and delivery of goods;
(f)for regulating the passage of bicycles and other vehicles on footways and other premises controlled by Transport for London and intended for the use of pedestrians.
(3)Any byelaws made by virtue of sub-paragraph (1) above may provide that any person contravening them shall be liable on summary conviction to a fine for each offence not exceeding level 3 on the standard scale or not exceeding a lesser amount.
(4)Where the contravention of a byelaw made by virtue of sub-paragraph (1) above causes—
(a)danger or annoyance to the public, or
(b)hindrance to Transport for London in the lawful use of its railway,
Transport for London may summarily interfere to obviate or remove the danger, annoyance or hindrance.
(5)Anything done by Transport for London under sub-paragraph (4) above is without prejudice to the taking of summary proceedings under sub-paragraph (3) above.
(6)Subsections (5) to (12) of section 67 of the M375Transport Act 1962 (byelaws for railways etc.) shall apply in relation to byelaws made by Transport for London by virtue of sub-paragraph (1) above as they apply to byelaws made under that section but taking references in those subsections to the Board as references to Transport for London.
(7)For the purposes of this paragraph—
(a)railways, railway premises, officers or employees of a subsidiary of Transport for London shall be deemed to be railways, railway premises, officers or employees of Transport for London, and
(b)footways and other premises controlled by a subsidiary of Transport for London shall be deemed to be footways and other premises controlled by Transport for London.
Modifications etc. (not altering text)
C182Sch. 11 para. 26 extended (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), arts. 1(1), 3
C183Sch. 11 para. 26(1)-(3) modified (13.3.2012) by The London Cable Car Order 2012 (S.I. 2012/472), arts. 1, 6(1)
C184Sch. 11 para. 26(4)(5) applied (with modifications) (13.3.2012) by The London Cable Car Order 2012 (S.I. 2012/472), arts. 1, 6(2)
Marginal Citations
27(1)Subject to sub-paragraphs (2) and (3) below, Transport for London may make and enforce byelaws for regulating or controlling the use of any landing place which is vested in or operated by it or any of its subsidiaries.E+W+S
(2)Sub-paragraph (1) above does not apply to any landing place for which the Port of London Authority has power to make byelaws under section 161 of the M376Port of London Act 1968 (byelaws for port premises).
(3)No byelaw made by Transport for London under sub-paragraph (1) above shall conflict or interfere with the operation of any byelaw made by the Port of London Authority under section 162(1)(b) or (e) of the M377Port of London Act 1968 (Thames byelaws).
(4)The power conferred by sub-paragraph (1) above includes the power to make and enforce byelaws specifying—
(a)persons or descriptions of persons who, or
(b)vessels or descriptions of vessels which,
may or may not use a landing place.
(5)A person who contravenes a byelaw made under this paragraph shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
(6)For the purposes of this paragraph, “landing place” means any waterside landing place, wharf, pier, jetty, pontoon, causeway, hard, footway or other installation, and includes any associated buildings and approaches to it over and from land.
(7)This paragraph is without prejudice to the provisions of any other enactment.
28(1)Transport for London may provide and maintain a museum of transport artefacts, records and other exhibits and may do anything necessary or expedient for or in connection with the provision or maintenance of the museum.E+W+S
(2)Transport for London may make a charge for admission to a museum maintained by it.
29E+W+SIf Transport for London engages, either directly or through a subsidiary, in any activities authorised by paragraph 11 or 15(2) or (3) above, it shall in carrying on those activities act as if it were a company engaged in a commercial enterprise or (as the case may be) shall exercise its control over that subsidiary so as to ensure that the subsidiary in carrying on those activities acts as a company so engaged.
30E+W+SAny specific power conferred on Transport for London by or by virtue of any provision of this Act to make any loan or give any guarantee or to subscribe for or acquire any securities shall not affect the power of Transport for London—
(a)to lend money by way of investment or to subscribe for or acquire securities by way of investment; or
(b)to leave outstanding any loan made or guarantee given, or to retain any securities acquired, by London Regional Transport or by any predecessor in title of London Regional Transport.
31(1)Neither Transport for London nor any subsidiary of Transport for London shall be regarded as a common carrier by rail or inland waterway.E+W+S
(2)No local enactment passed or made with respect to any particular undertaking so far as it imposes on persons carrying on that undertaking—
(a)a duty to connect, or afford facilities for the connection of, any siding to a railway; or
(b)a duty to permit privately owned railway wagons to be used on a railway owned or operated by them; or
(c)a duty (otherwise than to a named person, or to the successor of a named person, or for the benefit of specified lands) to provide or maintain any other railway services or facilities (including the provision of stations, sidings or carriages and of any services, facilities or amenities connected with stations, sidings or carriages);
or so far as it otherwise makes provision corresponding to any of the repealed enactments, shall apply to Transport for London.
(3)The reference in sub-paragraph (2) above to the repealed enactments is a reference to the following enactments, that is to say—
section 76 of the M378Railways Clauses Consolidation Act 1845;
section 69 of the M379Railways Clauses Consolidation (Scotland) Act 1845;
sections 2 and 7 of the M380Railway and Canal Traffic Act 1854;
sections 16 and 39 of the M381Railways Act 1921;
section 30 of the M382London Passenger Transport Act 1933;
section 39 of the M383Road and Rail Traffic Act 1933; and
section 22 of the M384Transport Act 1953;
all of which made provision with respect to transport charges and facilities and were repealed by the M385Transport Act 1962.
Marginal Citations
32E+W+STransport for London may do all other things which in its opinion are necessary or expedient to facilitate the discharge by it of any of its functions, including the securing of the performance of any agreement entered into by it under section 156 of this Act or of any transport subsidiary’s agreement.
33E+W+STransport for London may do anything necessary for the purpose of fulfilling a contract which by virtue of section 300 or 415 of this Act has effect as if made by Transport for London, notwithstanding that apart from this paragraph Transport for London would not have power to do that thing.
Sections 165 and 217.
1E+W+SIn this Schedule—
“transfer scheme” means—
a scheme under section 165 of this Act; or
a scheme under section 217 of this Act;
“transferor” means the person from whom property, rights or liabilities are transferred by a transfer scheme;
“transferee” means a person to whom any such property, rights or liabilities are so transferred.
2(1)The property, rights and liabilities which may be transferred by a transfer scheme include—E+W+S
(a)property, rights and liabilities which would not otherwise be capable of being transferred or assigned; and
(b)rights and liabilities under enactments.
(2)No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property shall operate or become exercisable as a result of any transfer of land or other property by virtue of a transfer scheme whether or not any consent required to the transfer has been obtained.
(3)No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a transfer scheme.
(4)For purposes connected with any transfers (including transfers of rights and liabilities under an enactment) made by virtue of a transfer scheme, or by virtue of an instrument or agreement made in connection with a transfer scheme, a body or person to which anything is transferred by any such transfer is to be treated as the same person in law as the body or person from which that thing is transferred, except as otherwise provided in the transfer scheme, instrument or agreement.
(5)Sub-paragraph (4) above is without prejudice to section 415 of this Act or any other provision made by or under this Act which makes transitional provision in relation to a transfer.
(6)Sub-paragraphs (2) to (5) above shall have effect in relation to—
(a)the grant or creation of an estate or interest in, or right over, any land or other property, or
(b)the doing of any other thing in relation to land or other property,
as they have effect in relation to a transfer of land or other property.
(7)In this paragraph, “relevant document” means—
(a)any enactment, other than an enactment contained in this Act;
(b)any subordinate legislation made otherwise than under this Act; or
(c)any deed or other instrument.
Modifications etc. (not altering text)
C185Sch. 12 para. 2(3) excluded (10.7.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 114(4)
3(1)A transfer scheme may make provision for the apportionment or division of any property, rights or liabilities.E+W+S
(2)Where a transfer scheme makes provision for the apportionment or division between two or more persons of any rights or liabilities under a contract, the contract shall have effect, as from the coming into force of the provision, as if it constituted two or more separate contracts separately enforceable by and against each of those persons respectively as respects the part of the rights or liabilities which falls to him as a result of the apportionment or division.
4E+W+SA transfer scheme may define the property, rights and liabilities to be transferred—
(a)by specifying or describing them;
(b)by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor; or
(c)partly in the one way and partly in the other.
5(1)The provision that may be made by a transfer scheme includes provision—E+W+S
(a)for the creation, in relation to any land or other property which the scheme transfers, of an estate or interest in or right over the property in favour of the transferor;
(b)for the creation, in favour of a transferee, of an estate or interest in or right over any land or other property retained by the transferor or transferred by the scheme to another transferee;
(c)for the creation of rights or liabilities as between two or more transferees or as between one or more transferees and the transferor;
(d)for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more transferees, or by or against one or more transferees and the transferor;
(e)for imposing on the transferor or a transferee an obligation to enter into written agreements with, or execute other instruments in favour of, the transferor, or that or any other transferee, or such other person as may be specified in the scheme.
(2)The provision that may be made by a transfer scheme includes provision for transfers to take effect at such time of day as may be specified in the order.
6E+W+SA transfer scheme may make such supplementary, incidental, consequential or transitional provision, or savings, as Transport for London considers appropriate.
7(1)A transfer scheme may provide that any functions of the transferor under a relevant statutory provision—E+W+S
(a)shall be transferred to the transferee;
(b)shall be concurrently exercisable by two or more transferees; or
(c)shall be concurrently exercisable by the transferor and one or more transferees.
(2)Sub-paragraph (1) above applies in relation to any function under a relevant statutory provision if and to the extent that the relevant statutory provision—
(a)relates to any property which is to be transferred by the scheme; or
(b)authorises the carrying out of works designed to be used in connection with any such property or the acquisition of land for the purpose of carrying out any such works.
(3)A transfer scheme which makes provision by virtue of this paragraph shall not have effect unless and until it is confirmed by an order made by the Secretary of State.
(4)In this paragraph “relevant statutory provision” means any provision, whether of a general or of a special nature, contained in, or in any document made or issued under—
(a)any local Act; or
(b)any order under the M386Transport and Works Act 1992.
Commencement Information
I93Sch. 12 para. 7 wholly in force at 3.7.2000: Sch. 12 para. 7 in force at Royal Assent for certain purposes see s. 425(2); Sch. 12 para. 7 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
Marginal Citations
8E+W+SOn the date appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.
9(1)Nothing in this Act affects the validity of anything done by or in relation to the transferor in connection with anything transferred by a transfer scheme.E+W+S
(2)There may be continued by or in relation to the transferee anything (including legal proceedings) which—
(a)relates to anything transferred by a transfer scheme, and
(b)is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.
(3)Anything which—
(a)was done by the transferor for the purposes of or otherwise in connection with anything transferred by a transfer scheme, and
(b)is in effect immediately before the transfer takes effect,
shall have effect as if done by the transferee.
(4)The transferee shall be substituted for the transferor in any instruments, contracts or legal proceedings which—
(a)relate to anything transferred by a transfer scheme, and
(b)are made or commenced before the transfer takes effect.
(5)Any reference in this paragraph to anything done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to the transferor.
10(1)This paragraph applies where a person employed by the transferor becomes an employee of the transferee by virtue of a transfer scheme.E+W+S
(2)Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.
(3)For the purposes of Part XI of the M387Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.
(4)For the purposes of that Act—
(a)the employee’s period of employment with the transferor shall count as a period of employment with the transferee; and
(b)the change of employment shall not break the continuity of the period of employment.
Marginal Citations
11(1)Where Transport for London proposes to make a transfer scheme under section 217 of this Act, it may direct any person to whom, or from whom, property is to be transferred under the scheme—E+W+S
(a)to provide Transport for London with such information as Transport for London considers necessary to enable it to make the scheme; and
(b)to do so within such time (being not less than 28 days from the giving of the direction) as may be specified in the direction.
(2)If a person fails to comply with a direction under sub-paragraph (1) above, Transport for London may serve a notice on him requiring him—
(a)to produce to Transport for London, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or
(b)to provide to Transport for London, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.
(3)No person shall be required under this paragraph—
(a)to produce any documents which he could not be compelled to produce in civil proceedings in the court; or
(b)in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings.
(4)A person who without reasonable excuse fails to do anything required of him by a notice under sub-paragraph (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5)A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under sub-paragraph (2) above is guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
(6)If a person makes default in complying with a notice under sub-paragraph (2) above, the court may, on the application of Transport for London, make such order as the court thinks fit for requiring the default to be made good.
(7)Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.
(8)In this paragraph—
(a)any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and
(b)the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
(9)In this paragraph “the court” means the High Court.
12(1)If at any time after a transfer scheme has come into force—E+W+S
(a)the transferor,
(b)any transferee affected, and
(c)Transport for London, if not falling within paragraph (a) or (b) above,
so agree in writing, the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the agreement.
(2)Sub-paragraph (1) above does not apply in relation to modifications relating to the transfer of rights and liabilities under a contract of employment, unless the employee concerned is a party to the agreement.
(3)An agreement under sub-paragraph (1) above—
(a)may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme; and
(b)in connection with giving effect to that provision from that time, may contain incidental, supplemental, consequential or transitional provision.
(4)Transport for London may only enter into an agreement under sub-paragraph (1) above with the consent of the Mayor.
(5)The Mayor, in giving his consent under sub-paragraph (4) above to an agreement in respect of a scheme under section 165 of this Act, may make it a condition of the consent that such further modifications to the scheme as he may specify in giving the consent are to be included in the agreement.
(6)No modification may be specified by the Mayor under sub-paragraph (5) above which could not have been included in the agreement apart from that sub-paragraph.
Section 167.
1E+W+SNo Bill may be deposited in Parliament by virtue of section 167(1)(a) of this Act until the requirements of paragraph 2 below have been complied with.
2(1)Transport for London shall—E+W+S
(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) below; and
(c)consult those bodies and persons about the draft Bill.
(2)Those bodies and persons are—
(a)the Mayor;
(b)the Assembly;
(c)every London borough council; and
(d)the Common Council.
(3)Where Transport for London sends copies of the draft Bill to those bodies and persons pursuant to sub-paragraph (1)(b) above, 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.
3(1)Throughout the consultation period, Transport for London shall take such steps as in its opinion will give adequate publicity to the draft Bill.E+W+S
(2)A copy of the draft Bill shall be kept available by Transport for London for inspection by any person on request free of charge—
(a)at the principal offices of Transport for London, and
(b)at such other places as Transport for London 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 Transport for London 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) above have been complied with; and
(b)ends with the time notified pursuant to paragraph 2(3) above.
4(1)If, after the requirements of paragraph 2 above have been complied with, a Bill is deposited in Parliament by virtue of section 167(1)(a) of this Act, that Bill must be in the form of the draft Bill, either as originally prepared or as modified to take account of—E+W+S
(a)representations made pursuant to paragraph 2 above;
(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 above.
5(1)If a Bill proposed to be deposited in Parliament by virtue of section 167(1)(a) of this Act contains provisions affecting the exercise of statutory functions by a London local authority, the Bill shall not be deposited in Parliament unless—E+W+S
(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.
6(1)This paragraph applies where a Bill (“the deposited Bill”) is deposited in Parliament by virtue of section 167(1)(a) of this Act.E+W+S
(2)During the period of 14 days following the day on which the deposited Bill is deposited in Parliament, Transport for London 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 Transport for London for inspection by any person on request free of charge—
(a)at the principal offices of Transport for London, and
(b)at such other places as Transport for London 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 Transport for London may determine.
Section 220.
Modifications etc. (not altering text)
C186Sch. 14 modified (10.7.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 114(5)(d)
1E+W+SWhere a PPP administration order has been made, sections 11 to 23 and 27 of the 1986 Act (which relate to administration orders under Part II of that Act) shall apply, with the modifications specified in the following provisions of this Part of this Schedule—
(a)as if references in those sections to an administration order were references to a PPP administration order and references to an administrator were references to a special PPP administrator; and
(b)where the company in relation to which the order has been made is a PPP company which [F870is not a company registered under the Companies Act 2006 in England and Wales or Scotland], as if references in those sections to a company included references to such a company.
Textual Amendments
F870Words in Sch. 14 para. 1(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(8)(a) (with art. 10)
Commencement Information
I94Sch. 14 para. 1 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
2E+W+SIn section 11 of the 1986 Act (effect of order), as applied by this Part of this Schedule, the requirement in subsection (1)(a) that any petition for the winding up of the company shall be dismissed shall be without prejudice to the PPP administration order in a case where the order is made by virtue of section 222 of this Act.
Commencement Information
I95Sch. 14 para. 2 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
3U.K.In section 13 of the 1986 Act (appointment of administrator), as applied by this Part of this Schedule, for subsection (3) there shall be substituted the following subsection—
“(3)An application for an order under subsection (2) may be made—
(a)by the Mayor of London;
(b)by any continuing special PPP administrator of the company or, where there is no such special PPP administrator, by the company, the directors or any creditor or creditors of the company.”
Commencement Information
I96Sch. 14 para. 3 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
4E+W+SIn section 14 of the 1986 Act (general powers of administrator), as applied by this Part of this Schedule,—
(a)in subsection (1)(b), the reference to the powers specified in Schedule 1 to that Act shall be taken to include a reference to a power to act on behalf of the company for the purposes of Chapter VII of Part IV of this Act or any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and
(b)in subsection (4), the reference to a power conferred by the company’s [F871articles of association]—
(i)shall be taken to include a reference to any power conferred by any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and
(ii)in the case of a company which is an unregistered company, shall be taken also to include a reference to any power conferred by the company’s constitution.
Textual Amendments
F871Words in Sch. 14 para. 4(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(8)(b) (with art. 10)
Commencement Information
I97Sch. 14 para. 4 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
5(1)Section 15 of the 1986 Act (power to deal with charged property), as applied by this Part of this Schedule, shall have effect as follows.U.K.
(2)In subsection (5)(b) (amount to be paid to chargeholder not to be less than open market value), for the words “in the open market by a willing vendor” there shall be substituted the words “ for the best price which is reasonably available on a sale which is consistent with the purposes of the PPP administration order ”.
Commencement Information
I98Sch. 14 para. 5 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
6(1)Section 17 of the 1986 Act (duties of administrator), as applied by this Part of this Schedule, shall have effect in accordance with the following provisions of this paragraph.U.K.
(2)For subsection (2) there shall be substituted the following subsection—
“(2)Subject to any directions of the court, it shall be the duty of the special PPP administrator to manage the affairs, business and property of the company in accordance with proposals, as for the time being revised under section 23, which have been prepared for the purposes of that section by him or any predecessor of his.”
(3)In subsection (3), paragraph (a) (right of creditors to require the holding of a creditors’ meeting) shall be omitted.
Commencement Information
I99Sch. 14 para. 6 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
7(1)Section 18 of the 1986 Act (discharge and variation of administration order), as applied by this Part of this Schedule, shall have effect as follows.U.K.
(2)For subsections (1) and (2) there shall be substituted the following subsection—
“(1)An application for a PPP administration order to be discharged may be made—
(a)by the special PPP administrator, on the ground that the purposes of the order have been achieved; or
(b)by the Mayor of London, on the ground that it is no longer necessary that the purposes of the order are achieved.”
(3)In subsection (3), the words “or vary” shall be omitted.
(4)In subsection (4), the words “or varied” and “or variation” shall be omitted and for the words “to the registrar of companies” there shall be substituted—
[F872(a)where the company—
(i)is registered under the Companies Act 2006, or
(ii)is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,
the words “to the Mayor of London and the registrar of companies”; and
(b)where paragraph (a) above does not apply, the words “to the Mayor of London”.]
Textual Amendments
F872Sch. 14 para. 7(4)(a)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(8)(c) (with art. 10)
Commencement Information
I100Sch. 14 para. 7 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
8U.K.In section 21(2) of the 1986 Act (notice of order to be given by administrator), as applied by this Part of this Schedule, for the words “to the registrar of companies” there shall be substituted—
[F873(a)where the company—
(i)is registered under the Companies Act 2006, or
(ii)is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,
the words “to the Mayor of London and the registrar of companies”; and
(b)where paragraph (a) above does not apply, the words “to the Mayor of London”.]
Textual Amendments
F873Sch. 14 para. 8(a)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(8)(c) (with art. 10)
Commencement Information
I101Sch. 14 para. 8 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
9U.K.In section 23 of the 1986 Act (statement of proposals), as applied by this Part of this Schedule, for subsections (1) and (2) there shall be substituted the following subsections—
“(1)Where a PPP administration order has been made, the special PPP administrator shall, within 3 months (or such longer period as the court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order—
(a)to the Mayor of London;
(b)so far as he is aware of their addresses, to all creditors of the company; and
(c)except where the company is an unregistered company which is not subject to a requirement imposed under or by virtue of section 691(1) or 718 of the M388Companies Act 1985 to deliver any documents to the registrar of companies, to the registrar of companies;
and may from time to time revise those proposals.
(2)If at any time—
(a)the special PPP administrator proposes to make revisions of the proposals for achieving the purposes of the PPP administration order, and
(b)those revisions appear to him to be substantial,
the special PPP administrator shall, before making those revisions, send a statement of the proposed revisions to the persons specified in subsection (2A).
(2A)The persons mentioned in subsection (2) are—
(a)the Mayor of London;
(b)all creditors of the company, so far as the special PPP administrator is aware of their addresses; and
[F874(c) where the company—
(i)is registered under the Companies Act 2006, or
(ii)is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,
the registrar of companies.]
(2B)Where the special PPP administrator is required by subsection (1) or (2) to send any person a statement before the end of any period or before making any revision of any proposals, he shall also, before the end of that period or, as the case may be, before making those revisions either—
(a)send a copy of the statement (so far as he is aware of their addresses) to all members of the company; or
(b)publish in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge.”
Textual Amendments
F874Words in Sch. 14 para. 9 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(8)(d) (with art. 10)
Commencement Information
I102Sch. 14 para. 9 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
Marginal Citations
10(1)Section 27 of the 1986 Act (protection of interests of creditors and members), as applied by this Part of this Schedule, shall have effect as follows.U.K.
(2)After subsection (1) there shall be inserted the following subsections—
“(1A)At any time when a PPP administration order is in force the Mayor of London may apply to the High Court by petition for an order under this section on the ground specified in subsection (1B).
(1B)The ground mentioned in subsection (1A) is that the special PPP administrator has exercised or is exercising, or proposing to exercise, his powers in relation to the company in a manner which will not best ensure the achievement of the purposes of the order.
(1C)Where an application is made under subsection (1) in respect of a company in relation to which a PPP administration order is in force—
(a)notice of the application shall be given to the Mayor of London; and
(b)he shall be entitled to be heard by the court in connection with that application.”
(3)Subsection (3) (order not to prejudice or prevent voluntary arrangements or administrator’s proposals) shall be omitted.
(4)In subsection (4) (provision that may be made in an order), the words “Subject as above” shall be omitted and for paragraph (d) there shall be substituted—
“(d)without prejudice to the powers exercisable by the court in making a PPP administration order—
(i)provide that the PPP administration order is to be discharged as from such date as may be specified in the order unless, before that date, such measures are taken as the court thinks fit for the purpose of protecting the interests of creditors; and
(ii)make such consequential provision as the court thinks fit.”
(5)For subsection (6) there shall be substituted—
“(6)Where a PPP administration order is discharged in consequence of such provision in an order under this section as is mentioned in subsection (4)(d)(i), the special PPP administrator shall, within 14 days after the date on which the discharge takes effect, send [F875a copy] of the order under this section—
(a)to the Mayor of London; and
[F876(b)where the company—
(i)is registered under the Companies Act 2006, or
(ii)is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,
to the registrar of companies.]
and if, without reasonable excuse, the special PPP administrator fails to comply with this subsection, he is liable to a fine and, for continued contravention, to a daily default fine.”
Textual Amendments
F875Words in Sch. 14 para. 10(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(8)(e)(i) (with art. 10)
F876Words in Sch. 14 para. 10(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(8)(e)(ii) (with art. 10)
Commencement Information
I103Sch. 14 para. 10 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
11E+W+SIn the application of Schedule 1 to the 1986 Act (which sets out certain powers of the administrator) by virtue of section 14 of that Act, as applied by this Part of this Schedule in relation to a company which is an unregistered company, paragraph 22 shall be omitted.
Commencement Information
I104Sch. 14 para. 11 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
12(1)Where a PPP administration order has been made in relation to a company which is a foreign company, sections 11 to 23 and 27 of the 1986 Act (as applied by Part I of this Schedule) shall apply in relation to that foreign company with the further modifications set out in the following provisions of this Part of this Schedule.E+W+S
(2)In this Part of this Schedule, “foreign company” means a company incorporated outside Great Britain.
Commencement Information
I105Sch. 14 para. 12 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
13(1)Section 11 of the 1986 Act (effect of administration order), as applied by this Part of this Schedule in relation to a foreign company, shall have effect as follows.U.K.
(2)In subsection (1), paragraph (b) shall be omitted.
(3)Subsection (2) shall be omitted.
(4)In subsection (3)—
(a)paragraphs (a) and (b) shall be omitted; and
(b)in paragraph (d)—
(i)the reference to the commencement or continuation of proceedings shall be taken as a reference to the commencement or continuation of proceedings in Great Britain; and
(ii)the reference to the levying of distress against the company shall be taken as a reference to the levying of distress against the foreign company to the extent of its property in England and Wales;
and any reference to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain.
(5)Subsections (4) and (5) shall be omitted.
(6)At the end of that section there shall be added—
“(6)Where a PPP administration order is in force in relation to a company which is a foreign company within the meaning of section 224 of the Greater London Authority Act 1999—
(a)any person appointed to perform functions equivalent to those of an administrative receiver, and
(b)if the special PPP administrator so requires, any person appointed to perform functions equivalent to those of a receiver,
shall refrain from performing those functions in Great Britain in relation to the foreign company and any of the company’s property for the time being situated in Great Britain, during the period for which that order is in force or, in the case of such a person as is mentioned in paragraph (b) above, during so much of that period as falls after the date on which he is required to do so.”
Commencement Information
I106Sch. 14 para. 13 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
14E+W+SIn section 12 of the 1986 Act (notification of order), as applied by this Part of this Schedule in relation to a foreign company, the reference to a statement that the affairs, business and property of the company are being managed by the administrator shall be taken as a reference to a statement that—
(a)the affairs and business of the foreign company so far as carried on in Great Britain, and
(b)the property of the foreign company so far as that property is for the time being situated within Great Britain,
are being managed by the special PPP administrator.
Commencement Information
I107Sch. 14 para. 14 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
15(1)Section 14 of the 1986 Act (general powers of administrator), as applied by this Part of this Schedule in relation to a foreign company, shall have effect as follows.E+W+S
(2)In subsection (1)(a), the reference to the affairs, business and property of the company shall be taken as a reference to—
(a)the affairs and business of the foreign company so far as carried on in Great Britain, and
(b)the property of that company so far as that property is for the time being situated within Great Britain.
(3)Subsection (2)(a) shall be omitted.
(4)In subsection (4)—
(a)the reference to any power conferred on the company or its officers shall be taken to include any power conferred on the foreign company or its officers under the law under which the foreign company is incorporated; and
(b)any reference (however expressed) to the exercise of any power conferred on the company or its officers shall be taken as a reference to the exercise of that power so far as it relates to—
(i)the affairs and business of the foreign company so far as carried on in Great Britain, or
(ii)the property of that company so far as that property is for the time being situated within Great Britain.
Commencement Information
I108Sch. 14 para. 15 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
16E+W+SIn section 15 of the 1986 Act (power of administrator to deal with charged property etc), as applied by this Part of this Schedule in relation to a foreign company, any reference to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain.
Commencement Information
I109Sch. 14 para. 16 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
17U.K.In section 17 of the 1986 Act (general duties of administrator), as applied by this Part of this Schedule in relation to a foreign company,—
(a)in subsection (1), the reference to property shall be taken as a reference to property for the time being situated within Great Britain; and
(b)in subsection (2), the reference to the affairs, business and property of the company shall be taken as a reference to—
(i)the affairs and business of the foreign company so far as carried on in Great Britain, and
(ii)the property of that company so far as that property is for the time being situated within Great Britain.
Commencement Information
I110Sch. 14 para. 17 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
18U.K.In section 22(1) of the 1986 Act (power of administrator to require certain persons to provide him with a statement as to company’s affairs), as applied by this Part of this Schedule in relation to a foreign company, the reference to the affairs of the company shall be taken as a reference to the affairs of the foreign company so far as they are carried on in Great Britain, or relate to property of that company for the time being situated within Great Britain.
Commencement Information
I111Sch. 14 para. 18 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
19(1)The powers conferred on a special PPP administrator by virtue of Schedule 1 to the 1986 Act (which sets out certain powers of an administrator), as that Schedule applies by virtue of section 14 of that Act, as applied by this Part of this Schedule in relation to a foreign company, shall be exercisable only in relation to—U.K.
(a)the affairs and business of that company, so far as carried on in Great Britain; and
(b)the property of that company, so far as that property is for the time being situated within Great Britain.
(2)In that Schedule, as it so applies,—
(a)without prejudice to sub-paragraph (1) above, references to the property of that company shall be taken as references to that property, so far as that property is for the time being situated within Great Britain; and
(b)paragraph 19 shall be omitted.
Commencement Information
I112Sch. 14 para. 19 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
20(1)Subject to the preceding provisions of this Schedule, references in the 1986 Act (except in sections 8 to 10 and 24 to 26), or in any other enactment passed before this Act, to an administration order under Part II of that Act, to an application for such an order and to an administrator shall include references, respectively, to a PPP administration order, to an application for a PPP administration order and to a special PPP administrator.U.K.
(2)Subject as aforesaid and to sub-paragraph (3) below, references in the 1986 Act, or in any other enactment passed before this Act, to an enactment contained in Part II of that Act shall include references to that enactment as applied by section 221, 222, 223 or 224 of this Act or Part I or II of this Schedule.
(3)Sub-paragraphs (1) and (2) above shall apply in relation to a reference in an enactment contained in Part II of the 1986 Act only so far as necessary for the purposes of the operation of the provisions of that Part as so applied.
(4)The provisions of this Schedule shall be without prejudice to the power conferred by section 411 of the 1986 Act (company insolvency rules), as modified by sub-paragraphs (1) and (2) above.
Commencement Information
I113Sch. 14 para. 20 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
21(1)In this Schedule “the 1986 Act” means the M389Insolvency Act 1986.U.K.
(2)In this Schedule, and in any modification of the 1986 Act made by this Schedule, “special PPP administrator”, in relation to a PPP administration order, means any person appointed in relation to that order for the purposes of section 220(1) of this Act; and in any such modification “PPP administration order” has the same meaning as in Chapter VII of Part IV of this Act.
Commencement Information
I114Sch. 14 para. 21 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
Marginal Citations
Section 220.
Modifications etc. (not altering text)
C187Sch. 15 modified (10.7.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 114(5)(d)
1(1)This Schedule shall apply in any case where—E+W+S
(a)the court has made a PPP administration order in relation to a PPP company (“the existing appointee”); and
(b)it is proposed that, on and after a date appointed by the court, another company (“the new appointee”) should carry on the relevant activities of the existing appointee, in place of the existing appointee.
(2)In this Schedule—
“the court”, in the case of any PPP company, means the court having jurisdiction to wind up the company;
“other appointee” means any company, other than the existing appointee or the new appointee, which may be affected by the proposal mentioned in sub-paragraph (1)(b) above;
“the relevant date” means such day, being a day before the discharge of the PPP administration order takes effect, as the court may appoint for the purposes of this Schedule; and
“special PPP administrator”, in relation to a company in relation to which a PPP administration order has been made, means the person for the time being holding office for the purposes of section 220(1) of this Act.
Commencement Information
I115Sch. 15 para. 1 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
2(1)The existing appointee, acting with the consent of the new appointee and, in relation to the matters affecting them, of any other appointees, may make a scheme under this Schedule for the transfer of property, rights and liabilities from the existing appointee to the new appointee.E+W+S
(2)A scheme under this Schedule shall not take effect unless it is approved by the Mayor.
(3)Where a scheme under this Schedule is submitted to the Mayor for his approval, he may, with the consent of the new appointee, of the existing appointee and, in relation to the matters affecting them, of any other appointees, modify the scheme before approving it.
(4)If at any time after a scheme under this Schedule has come into force in relation to the property, rights and liabilities of any company the Mayor considers it appropriate to do so and the existing appointee, the new appointee and, in relation to the provisions of the order which affect them, any other appointees consent to the making of the order, the Mayor may by order provide that that scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.
(5)An order under sub-paragraph (4) above may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme and, in connection with giving effect to that provision from that time, may contain such supplemental, consequential and transitional provision as the Mayor considers appropriate.
(6)In determining, in accordance with the duties imposed upon him by or under this Act or any other enactment (whenever passed or made), whether and in what manner to exercise any power conferred on him by this paragraph, the Mayor shall have regard to the need to ensure that any provision for the transfer of property, rights and liabilities in accordance with a scheme under this Schedule allocates property, rights and liabilities to the different companies affected by the scheme in such proportions as appear to him to be appropriate i the context of the different relevant activities of the existing appointee which will, by virtue of this Act, be carried out at different times on and after the relevant date by the new appointee, by the existing appointee and by any other appointees.
(7)It shall be the duty of the new appointee, of the existing appointee and of any other appointees to provide the Mayor with all such information and other assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any power conferred on him by this paragraph.
(8)Without prejudice to the other provisions of this Act relating to the special PPP administrator of a company, anything which is required by this paragraph to be done by a company shall, where that company is a company in relation to which a PPP administration order is in force, be effective only if it is done on the company’s behalf by its special PPP administrator.
Commencement Information
I116Sch. 15 para. 2 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
3(1)A scheme under this Schedule for the transfer of the existing appointee’s property, rights and liabilities shall come into force on the relevant date and, on coming into force, shall have effect, in accordance with its provisions and without further assurance, so as to transfer the property, rights and liabilities to which the scheme relates to the new appointee.E+W+S
(2)For the purpose of making any division of property, rights or liabilities which it is considered appropriate to make in connection with the transfer of property, rights and liabilities in accordance with a scheme under this Schedule, the provisions of that scheme may—
(a)create for the existing appointee, the new appointee or any other appointees an interest in or right over any property to which the scheme relates;
(b)create new rights and liabilities as between any two or more of those companies; and
(c)in connection with any provision made by virtue of paragraph (a) or (b) above, make incidental provision as to the interests, rights and liabilities of other persons with respect to the subject-matter of the scheme.
(3)The property, rights and liabilities of the existing appointee that shall be capable of being transferred in accordance with a scheme under this Schedule shall include—
(a)property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the existing appointee;
(b)such property, rights and liabilities to which the existing appointee may become entitled or subject after the making of the scheme and before the relevant date as may be described in the scheme;
(c)property situated anywhere in the United Kingdom or elsewhere;
(d)rights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.
(4)The provision that may be made by virtue of sub-paragraph (2)(b) above includes—
(a)provision for treating any person who is entitled by virtue of a scheme under this Schedule to possession of a document as having given another person an acknowledgement in writing of the right of that other person to the production of the document and to delivery of copies thereof; and
(b)provision applying section 64 of the M390Law of Property Act 1925 (production and safe custody of documents) in relation to any case in relation to which provision falling within paragraph (a) above has effect.
(5)For the avoidance of doubt, it is hereby declared that the transfers authorised by paragraph (a) of sub-paragraph (3) above include transfers which, by virtue of that paragraph, are to take effect as if there were no such contravention, liability or interference with any interest or right as there would be, in the case of a transfer or assignment otherwise than in accordance with a scheme under this Schedule, by reason of any provision having effect (whether under any enactment or agreement or otherwise) i relation to the terms on which the existing appointee is entitled or subject to the property, right or liability in question.
Commencement Information
I117Sch. 15 para. 3 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
Marginal Citations
4(1)A scheme under this Schedule may provide for a licence held by the existing appointee to have effect as if it had been granted to the new appointee.E+W+S
(2)Different schemes under this Schedule may provide for a licence held by the same existing appointee to have effect as if it had been granted as a separate licence to each of the new appointees under those schemes.
(3)In this paragraph “licence” means a licence under section 8 of the M391Railways Act 1993.
Commencement Information
I118Sch. 15 para. 4 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
Marginal Citations
5(1)A scheme under this Schedule may contain supplemental, consequential and transitional provision for the purposes of, or in connection with, the provision for the transfers or any other provision made by the scheme.E+W+S
(2)Without prejudice to the generality of sub-paragraph (1) above, a scheme under this Schedule may provide—
(a)that for purposes connected with any transfers made in accordance with the scheme (including the transfer of rights and liabilities under an enactment) the new appointee is to be treated as the same person in law as the existing appointee;
(b)that, so far as may be necessary for the purposes of or in connection with any such transfers, agreements made, transactions effected and other things done by or in relation to the existing appointee are to be treated as made, effected or done by or in relation to the new appointee;
(c)that, so far as may be necessary for the purposes of or in connection with any such transfers, references in any agreement (whether or not in writing) or in any deed, bond, instrument or other document to, or to any officer of, the existing appointee are to have effect with such modifications as are specified in the scheme;
(d)that proceedings commenced by or against the existing appointee are to be continued by or against the new appointee;
(e)that the effect of any transfer under the scheme in relation to contracts of employment with the existing appointee is not to be to terminate any of those contracts but is to be that periods of employment with the existing appointee are to count for all purposes as periods of employment with the new appointee;
(f)that disputes as to the effect of the scheme between the existing appointee and the new appointee, between either of them and any other appointee or between different companies which are other appointees are to be referred to such arbitration as may be specified in or determined under the scheme;
(g)that determinations on such arbitrations and certificates given jointly by two or more such appointees as are mentioned in paragraph (f) above as to the effect of the scheme as between the companies giving the certificates are to be conclusive for all purposes.
Commencement Information
I119Sch. 15 para. 5 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
6(1)A scheme under this Schedule may provide for the imposition of duties on the existing appointee and on the new appointee to take all such steps as may be requisite to secure that the vesting in the new appointee, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law.E+W+S
(2)The provisions of a scheme under this Schedule may require the existing appointee to comply with any directions of the new appointee in performing any duty imposed on the existing appointee by virtue of a provision included in the scheme under sub-paragraph (1) above.
(3)A scheme under this Schedule may provide that, until the vesting of any foreign property, right or liability of the existing appointee in the new appointee is effective under the relevant foreign law, it shall be the duty of the existing appointee to hold that property or right for the benefit of, or to discharge that liability on behalf of, the new appointee.
(4)Nothing in any provision included by virtue of this paragraph in a scheme under this Schedule shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting by virtue of the scheme in the new appointee of any foreign property, right or liability.
(5)A scheme under this Schedule may provide that, in specified cases, foreign property, rights or liabilities that are acquired or incurred by an existing appointee after the scheme comes into force are immediately to become property, rights or liabilities of the new appointee; and such a scheme may make the same provision in relation to any such property, rights or liabilities as can be made, by virtue of the preceding provisions of this paragraph, in relation to foreign property, rights and liabilities vested i the existing appointee when the scheme comes into force.
(6)References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.
(7)Any expenses incurred by an existing appointee in consequence of any provision included by virtue of this paragraph in a scheme under this Schedule shall be met by the new appointee.
(8)Duties imposed on a company by virtue of this paragraph shall be enforceable in the same way as if they were imposed by a contract between the existing appointee and the new appointee.
Commencement Information
I120Sch. 15 para. 6 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
7(1)A scheme under this Schedule may provide that any functions exercisable by the existing appointee by virtue of a PPP agreement shall instead be—E+W+S
(a)exercisable by the new appointee or any of the other appointees;
(b)concurrently exercisable by two or more companies falling within paragraph (a) above; or
(c)concurrently exercisable by the existing appointee and one or more companies falling within paragraph (a) above;
and different schemes under this Schedule may provide for any such functions exercisable by the same existing appointee to have effect as mentioned in paragraphs (a) to (c) above in relation to each of the new appointees under those schemes or of all or any of the other appointees.
(2)Sub-paragraph (1) above applies in relation to any function under a statutory provision if and to the extent that the statutory provision—
(a)relates to any part of the existing appointee’s undertaking, or to any property, which is to be transferred by the scheme; or
(b)authorises the carrying out of works designed to be used in connection with any such part of the existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works.
(3)A scheme under this Schedule may define any functions exercisable by the existing appointee which are instead to be made exercisable or concurrently exercisable by the scheme in accordance with sub-paragraph (1) above—
(a)by specifying the statutory provisions in question;
(b)by referring to all the statutory provisions which—
(i)relate to any part of the existing appointee’s undertaking, or to any property, which is to be transferred by the scheme, or
(ii)authorise the carrying out of works designed to be used in connection with any such part of the existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works; or
(c)by referring to all the statutory provisions within paragraph (b) above, but specifying certain excepted provisions.
(4)In this paragraph “statutory provision” means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act, whether of a general or a special nature.
Commencement Information
I121Sch. 15 para. 7 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)
Section 241.
Textual Amendments
F877Sch. 16 para. A1 and crossheading inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 2; S.I. 2007/2799, arts. 2, 3 (with art. 4)
A1E+WIn any financial year during which the free travel scheme has effect, the concession required by the scheme in the case of all eligible England residents is the waiver, on production of a travel concession permit issued to any such resident under—
(a)paragraph 4(2) below (in the case of an eligible London resident), or
(b)section 145A(4) of the Transport Act 2000 (in the case of any other eligible England resident),
of any fare otherwise payable by the person to whom it was issued for any journey falling within section 242(8) of this Act.]
Textual Amendments
F878Sch. 16 para. 1 crossheading substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 3(2); S.I. 2007/2799, arts. 2, 3 (with art. 4)
1E+W+SIn any financial year during which the free travel scheme has effect, [F879 the additional concession required ] by the scheme in the case of all eligible London residents in the blind persons’ category is the waiver, on production of a travel concession permit issued to any such resident under paragraph 4(2) below, of any fare otherwise payable by the person to whom it was issued for any journey falling within section 242(2) of this Act [F880 (so far as not falling within section 242(8) of this Act) ] .
Textual Amendments
F879Words in Sch. 16 para. 1 substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 3(1)(a); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F880Words in Sch. 16 para. 1 inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 3(1)(b); S.I. 2007/2799, arts. 2, 3 (with art. 4)
Textual Amendments
F881Sch. 16 para. 2 crossheading substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 4(4); S.I. 2007/2799, arts. 2, 3 (with art. 4)
2(1)In any financial year during which the free travel scheme has effect, [F882 the additional concession required ] by the scheme in the case of all eligible London residents in any other category F883... is the concession described in sub-paragraph (2) below.E+W+S
(2)The concession mentioned in sub-paragraph (1) above is the waiver, on production of a travel concession permit issued to any such resident under paragraph 4(2) below, of any fare otherwise payable by the person to whom it was issued for any journey falling within section 242(2) of this Act [F884 (so far as not falling within section 242(8) of this Act) ] and beginning—
(a)at any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the M392Banking and Financial Dealings Act 1971; or
(b)in an eligible period on any other day.
(3)Subject to sub-paragraph (4) below, for the purposes of paragraph (b) of sub-paragraph (2) above the eligible periods are—
(a)the period from midnight to 4.30 a.m; and
(b)the period from 9 a.m. to midnight.
(4)The periods which are eligible periods for the purposes of sub-paragraph (2)(b) above may be altered from time to time by Transport for London by notice published in such manner as it thinks fit, specifying the new period or periods and the effective date of the alteration.
(5)A notice under sub-paragraph (4) above may not specify an effective date for the alteration of a period to which it applies falling earlier than three months after the date of publication of the notice.
(6)Before publishing a notice under sub-paragraph (4) above Transport for London shall consult each London authority and the London Transport Users’ Committee.
Textual Amendments
F882Words in Sch. 16 para. 2(1) substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 4(2); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F883Words in Sch. 16 para. 2(1) repealed (1.4.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
F884Words in Sch. 16 para. 2(2) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 4(3); S.I. 2007/2799, arts. 2, 3 (with art. 4)
Modifications etc. (not altering text)
C188Sch. 16 para. 2(6) extended (temp. during the transitional period) (3.7.2000) by S.I. 2000/1504, arts. 2, 8(1)(2)
Marginal Citations
3E+W+SAs soon as it appears to Transport for London that the free travel scheme will have effect during the next financial year, Transport for London shall notify each London authority that the scheme will have effect during that financial year.
Modifications etc. (not altering text)
C189Sch. 16 para. 3 extended (temp. during the transitional period) (3.7.2000) by S.I. 2000/1504, arts. 2, 8(1)(3)
4(1)For the purposes of the operation of the free travel scheme in any financial year during which the scheme has effect, Transport for London shall from time to time supply to each London authority such travel concession permits as appear to Transport for London to be required by that council for issue to eligible London residents in accordance with the following provisions of this paragraph.E+W+S
[F885(1A)The Secretary of State may by regulations make provision about the form and period of validity of the travel concession permits.]
(2)Subject to sub-paragraph (3) below, a London authority shall issue a travel concession permit supplied by Transport for London under sub-paragraph (1) above to any eligible London resident who applies for one and [F886 whose sole or principal residence is in ] the area of that authority.
(3)The issue of such a permit by any London authority shall [F887 (subject to any regulations under sub-paragraph (1A) above) ] be subject to such terms, limitations or conditions as the authority may, with the approval of the Mayor, from time to time determine as respects any category of eligible London residents.
[F888(4)But no charge may be made for the issue by any London authority of such a permit.]
Textual Amendments
F885Sch. 16 para. 4(1A) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 5(2); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F886Words in Sch. 16 para. 4(2) substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 5(3); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F887Words in Sch. 16 para. 4(3) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 5(4); S.I. 2007/2799, arts. 2, 3 (with art. 4)
F888Sch. 16 para. 4(4) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 5(5); S.I. 2007/2799, arts. 2, 3 (with art. 4)
5(1)Before 1st February in any financial year (referred to in this paragraph as the “current financial year”) immediately preceding a financial year during which the free travel scheme will have effect, Transport for London shall notify each London authority of the charge to be paid by the authority to Transport for London—E+W+S
(a)for each quarter of the financial year during which the free travel scheme will have effect;
(b)in respect of each travel concession permit issued under paragraph 4(2) above and valid on the first day of that quarter.
(2)The charges payable by London authorities under this paragraph—
(a)shall be fixed by Transport for London with a view to securing that the costs of the operation of the free travel scheme are met from the proceeds of those charges (taking one financial year during which the scheme has effect with another, where the scheme has effect during two or more consecutive financial years); and
(b)may differ for different quarters of a financial year.
(3)The reference in sub-paragraph (2)(a) above to the costs of the operation of the free travel scheme is a reference, in relation to any financial year taken into account in fixing any charges under that sub-paragraph, to the aggregate of the amounts specified in sub-paragraph (4) below.
(4)Those amounts are—
(a)the revenue by way of fares which Transport for London estimates that it and any of its subsidiaries have lost or will lose in that year in consequence of the provision of free travel under the scheme; and
(b)any other costs which Transport for London has incurred or estimates that it will incur in that year in connection with providing, or for the purpose of securing the provision of, free travel under the scheme (including any payments Transport for London has made or proposes to make for that purpose to any person with whom they have entered into an agreement by virtue of section 156(2) or (3) of this Act or who has entered into a transport subsidiary’s agreement).
(5)In fixing the charges payable by London authorities under this paragraph Transport for London shall take into account—
(a)the sum applicable by virtue of sub-paragraph (6) below; and
(b)the matters specified in sub-paragraph (7) below.
(6)The sum applicable by virtue of this sub-paragraph is—
(a)where the free travel scheme does not have effect during the current financial year, a sum equivalent to the total of the costs agreed to be reimbursed by local authorities during the current financial year under arrangements made by virtue of section 240(1) of this Act; or
(b)where the free travel scheme has effect during the current financial year, a sum equivalent to the charges payable by London authorities under this paragraph in respect of the current financial year.
(7)The matters specified in this sub-paragraph are—
(a)the coming into operation of a service falling within section 242(3) of this Act [F889 or a service outside Greater London which, but for section 179(2), would be part of the London bus network], or the variation or discontinuance of such a service,
(b)changes in the fares payable in respect of any such service, and
(c)changes in the methods or information available to Transport for London for calculating the amounts specified in sub-paragraph (4) above,
since costs were last agreed to be reimbursed by local authorities under arrangements made by virtue of section 240(1) of this Act or, if more recent, since charges payable under this paragraph were last fixed.
Textual Amendments
F889Words in Sch. 16 para. 5(7)(a) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 6; S.I. 2007/2799, arts. 2, 3 (with art. 4)
Modifications etc. (not altering text)
C190Sch. 16 para. 5(4)(b) extended (temp. during the transitional period) (3.7.2000) by S.I. 2000/1504, arts. 2, 8(1)(4)
6(1)Before the end of the first month of each quarter of each financial year during which the free travel scheme has effect, each London authority shall—E+W+S
(a)pay to Transport for London, in respect of each travel concession permit issued by that authority and valid on the first day of that quarter, the charge fixed by Transport for London under paragraph 5 above which is applicable to that permit for that quarter;
(b)provide Transport for London with a written statement giving the particulars required by sub-paragraph (2) below with respect to the travel concession permits supplied to the authority by Transport for London under paragraph 4(1) above; and
(c)if required to do so by Transport for London, return to Transport for London all such permits which have not been issued by the authority before the beginning of that quarter.
(2)The particulars required by this sub-paragraph in any statement under sub-paragraph (1)(b) above with respect to any quarter of the financial year in question are—
(a)the number of travel concession permits supplied to the authority by Transport for London under paragraph 4(1) above and issued to eligible London residents of each category which are valid on the first day of that quarter;
(b)the number of such permits so issued (if any) which expired or were surrendered to the authority during the last preceding quarter; and
(c)the number of such permits supplied for issue to eligible London residents of each category which have not been issued by the authority before the beginning of the quarter for which the statement is required.
F8907E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F890Sch. 16 para. 7 repealed (1.4.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2000/3229, art. 2, Sch. Pt. III (with transitional savings in arts. 3, 4)
8E+W+SWith respect to each financial year during which the free travel scheme has effect, the annual report of Transport for London under section 161 of this Act shall contain a statement of—
(a)the manner in which the charges fixed under paragraph 5 above in respect of each quarter of that year were calculated; and
(b)the aggregate of the amounts paid to Transport for London during that year by London authorities under paragraph 6(1)(a) above.
Section 245.
Modifications etc. (not altering text)
C191Sch. 17 applied (with modifications) (15.7.2003) by The Croydon Tramlink (Penalty Fares) Order 2003 (S.I. 2003/1614), arts. 1, 2, Sch. 1
1(1)In this Schedule unless the context otherwise requires—E+W+S
“authorised person” means, in relation to any purpose, a person authorised for that purpose by Transport for London or by the person providing the service;
“compulsory ticket area” means that part of a station which, under the byelaws of the person providing a train service to which this Schedule applies, passengers are not permitted to enter without a fare ticket, general travel authority or platform ticket;
“fare ticket” means a ticket (including one issued by a third person) showing payment of a fare and authorising the person in respect of whom it is issued to make a single journey covered by that fare on a local service or train service to which this Schedule applies, or to make that journey and a return journey (whether or not it also authorises him to make a journey on a service provided by a third person);
“general travel authority” means any permit (including one issued by a third person), other than a fare ticket, authorising the person in respect of whom it is issued to travel on a local service or train service to which this Schedule applies (whether or not it also authorises him to travel on a service provided by a third person);
“penalty fare” means a penalty fare payable pursuant to paragraph 3 or 4 below;
“the penalty fare provisions” means paragraphs 3 to 8 below;
“person providing the service” means the operator of the service, except that, in the case of a service provided in pursuance of an agreement entered into by Transport for London under section 156(2) or (3)(a) of this Act or in pursuance of a transport subsidiary’s agreement, means Transport for London;
“platform ticket” means a ticket authorising a person to enter a compulsory ticket area but not to make a journey;
“station” means a station serving a train service to which this Schedule applies;
“third person” means a person other than one referred to in paragraph 2(1)(a) or (b) below; and
“train service” means a service for the carriage of passengers by rail.
(2)Subject to sub-paragraph (3) below, a person is travelling on a train service to which this Schedule applies at any time when he is on a train forming part of that service or is in a compulsory ticket area.
(3)A person at a station is not to be taken as travelling by reason only of being in a compulsory ticket area or boarding a train at that station if he has entered that area or boards that train otherwise than for the purpose of making a journey and produces, if required to do so by an authorised person, a valid platform ticket.
(4)Any reference in this Schedule to a person producing a fare ticket or general travel authority on being required to do so by an authorised person is a reference to producing, when so required, a fare ticket or general travel authority which, either by itself or together with any other fare ticket or general travel authority produced by that person at the same time, is valid for the journey he has made.
(5)For the purposes of sub-paragraph (4) above—
(a)a person who has entered a compulsory ticket area otherwise than by transferring from a train service provided by a third person but has not boarded a train shall be taken to have made a journey for which the minimum fare is payable; and
(b)a person who is on a train shall be taken to have made a journey ending at the next station at which the train is scheduled to stop.
(6)In sub-paragraph (5) above “minimum fare” means the minimum fare for which a journey from the station in question could validly be made by the person in question.
(7)For the purposes of this Schedule a person is to be taken as transferring from a service provided by a third person to a service to which this Schedule applies if, but only if, having travelled on a train forming part of the former service, he—
(a)goes from that train into a compulsory ticket area and finishes his journey at the station of which that area forms part; or
(b)goes from that train into a compulsory ticket area and from that area boards a train forming part of a service to which this Schedule applies.
(8)For the purposes of sub-paragraph (7)(b) above, in a case where the transfer takes place at a station controlled by a third person, “compulsory ticket area” means such area at that station as corresponds with a compulsory ticket area within the meaning of this Schedule.
2(1)This Schedule applies to any local service or train service provided—E+W+S
(a)by Transport for London or any of its subsidiaries; or
(b)by any other person in pursuance of an agreement entered into by Transport for London under section 156(2) or (3)(a) of this Act, or in pursuance of a transport subsidiary’s agreement, which provides that this Schedule is to apply to services provided in pursuance of that agreement.
(2)References in the following provisions of this Schedule to a local service or to a train service are, unless the context otherwise requires, references to a local service or a train service to which this Schedule applies.
(3)The penalty fare provisions have effect in relation to travel on any local service or train service or any part of such a service if an order under sub-paragraph (4) below is for the time being in force in respect of such service or part of a service.
(4)The Mayor may by order provide that the penalty fare provisions shall have effect, as from such day as may be specified in the order, with respect to any local service or train service or any part of any local service or train service, and different days may be specified in any such order with respect to different services or different parts of any service.
(5)The revocation by the Mayor of an order made under sub-paragraph (4) above shall be without prejudice to the power of the Mayor to make further orders under that sub-paragraph as respects any service or part of a service dealt with by the order.
(6)Any activating order made by the Secretary of State under section 3(4) of the M393London Regional Transport (Penalty Fares) Act 1992 and in force immediately before the coming into force of sub-paragraph (4) above shall have effect as from the coming into force of that sub-paragraph as if it were an order made by the Mayor under that sub-paragraph.
(7)For the purposes of this Schedule a reference to an agreement entered into by Transport for London under section 156(2) or (3) of this Act includes a reference to an agreement—
(a)which was entered into by London Regional Transport under section 3(2) or (2A) of the M394London Regional Transport Act 1984, and
(b)which by virtue of section 300 or 415 of this Act has effect as if made by Transport for London.
3(1)If a person travelling on a ticket bus service who has had a reasonable opportunity to obtain a fare ticket for a journey on that service fails to produce a fare ticket or a general travel authority on being required to do so by an authorised person, he shall be liable to pay a penalty fare if required to do so by an authorised person.E+W+S
(2)If a person travels on a non-ticket bus service without paying the fare properly payable for a journey on that service and, while so travelling, fails to produce a general travel authority on being required to do so by an authorised person, he shall be liable to pay a penalty fare if required to do so by an authorised person.
(3)In this paragraph a “ticket bus service” means a local service on which fare tickets are issued in return for fares paid by persons travelling on that service, and a “non-ticket bus service” means a local service on which fare tickets are not so issued.
4(1)Subject to sub-paragraph (2) below, if a person travelling on a train service fails to produce a fare ticket or a general travel authority on being required to do so by an authorised person, he shall be liable to pay a penalty fare if required to do so by an authorised person.E+W+S
(2)Subject to sub-paragraph (3) below, a person shall not be liable to pay a penalty fare under this paragraph if at the time when and the station where he started to travel on the train service there were no facilities available for the sale of the necessary fare ticket for his journey.
(3)A person who starts to travel on a train service by transferring to that service from a train service provided by a third person shall not be liable to pay a penalty fare under this paragraph if—
(a)on being required to produce a fare ticket or general travel authority he produces a valid deferred fare authority issued by that person; or
(b)at the time when and the station where he started to travel on the train service provided by that person there were no facilities for either the sale of the necessary fare ticket for his journey or the sale of deferred fare authorities.
(4)Without prejudice to sub-paragraphs (2) or (3) above, a person shall not be liable to pay a penalty fare under this paragraph if at the time when and the station where his journey began—
(a)there was displayed a notice (however expressed) indicating that it was permissible for passengers beginning a journey at that station at that time to do so without having a fare ticket or a general travel authority or (in the case of a station controlled by a third person) a deferred fare authority; or
(b)a person in the uniform of the person controlling that station gave permission to the same effect.
(5)In sub-paragraph (3) above, “deferred fare authority” means a ticket or other document described as such on its face; and a deferred fare authority is valid for the purposes of that paragraph if it authorises a person in possession of it to start a journey at the time when and the station where the person producing it started his journey.
(6)Sub-paragraphs (7) and (8) below have effect with respect to the burden of proof in any action for the recovery of a penalty fare under this paragraph, so far as concerns the question whether the facts of the case fall within sub-paragraphs (2), (3)(b) or (4) above.
(7)In any case where the defendant has provided the plaintiff with a relevant statement in due time it shall be for the plaintiff to show that the facts of the case do not fall within sub-paragraph (2), (3)(b) or (4) above and in any other case it shall be for the defendant to show that the facts of the case fall within any of those provisions.
(8)For the purposes of sub-paragraph (7) above—
(a)a relevant statement is a statement giving an explanation of the defendant’s failure to produce a fare ticket, general travel authority or (where relevant) deferred fare authority, together with any information as to his journey relevant to that explanation (including, in every case, an indication of the time when and the station where he started to travel on the train service and also, if he started so to travel when he transferred from a train service provided by a third person, the time when and the statio where he started to travel on that service); and
(b)a statement is provided in due time if it is provided when the defendant is required to produce a fare ticket or general travel authority, or at any later time before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.
5[F891(1)Subject to sub-paragraph (2) below, a penalty fare shall be—E+W+S
(a)in respect of any journey on a local service—
(i)£50 except where sub-paragraph (ii) below applies, or
(ii)£25 if it is paid before the end of the period of 21 days beginning with the day following the day on which the journey is completed; and
(b)in respect of any train journey—
(i)£50 except where sub-paragraph (ii) below applies, or
(ii)£25 if it is paid before the end of the period of 21 days beginning with the day following the day on which the journey is completed,
and shall in all cases be payable to the person providing the service on which the requirement to pay the relevant fare is made.]
(2)The Mayor may by order prescribe that the amount of the penalty fare in [F892any case] set out in sub-paragraph (1) above shall be different (whether higher or lower).
(3)No order may be made by the Mayor under sub-paragraph (2) above unless he has consulted the Secretary of State and—
(a)such persons or bodies representative of local authorities,
(b)such persons or bodies representative of those who travel on local services and train services, and
(c)such other persons or bodies,
as the Mayor considers it appropriate to consult.
Textual Amendments
F891Sch. 17 para. 5(1) substituted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 27(2) (with s. 27(4)(5))
F892Words in Sch. 17 para. 5(2) substituted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 27(3) (with s. 27(4)(5))
6(1)An authorised person who requires a person (referred to below as “the passenger”) to pay a penalty fare shall give him either a receipt for the payment of the amount of the penalty (where the passenger makes that payment to the authorised person) or a notice stating that the requirement has been made.E+W+S
(2)A receipt or notice given under sub-paragraph (1) above shall specify the passenger’s destination on the local service or train service on which he is travelling when required to pay the penalty fare, and shall operate as an authority to him to complete his journey to or at that destination.
(3)For the purposes of sub-paragraph (2) above, the passenger’s destination shall (unless he is at that destination or only one destination is possible in the circumstances) be taken to be the destination stated by the passenger or, in default of any statement by him for that purpose, such destination as may be specified by the authorised person.
7[F893(1)A person shall, if required to do so by an authorised person, give his name and address to him if—E+W+S
(a)he is required by the authorised person to pay a penalty fare, or
(b)he would be liable to pay a penalty fare if so required by the authorised person.]
(2)A person failing to give his name and address when required to do so under sub-paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3)Transport for London shall secure that the requirements of sub-paragraph (4) or, as the case may be, (5) below with respect to warning notices are met in the case of a local service or train service in relation to travel on which the penalty fare provisions have effect.
(4)In the case of a local service, a warning notice meeting the requirements of sub-paragraphs (6) and (7) below shall be posted in every vehicle used in providing that service or, where any such vehicle has more than one deck, on each deck of that vehicle, in such a position as to be readily visible to persons travelling on the vehicle.
(5)In the case of a train service, a warning notice meeting the requirements of sub-paragraphs (6) and (7) below shall be posted—
(a)at every station at which persons may start to travel on that service, in such a position as to be readily visible to prospective passengers; and
(b)in every carriage of every train used in providing that service in such a position as to be readily visible to passengers travelling in the carriage.
(6)A warning notice posted pursuant to sub-paragraph (4) or (5) above shall (however expressed) indicate the circumstances (as provided in paragraph 3(1) or (2) above or, as the case may be, paragraph 4(1) above) in which persons travelling on the service in question may be liable to pay a penalty fare.
(7)Every warning notice posted in pursuance of this paragraph shall state the amount of the relevant penalty fare.
(8)Where an authorised person requires any person to do anything pursuant to any provision of this Schedule he shall, if so requested by the person concerned, produce to that person a duly authenticated document showing his authority.
(9)A requirement by an authorised person shall be of no effect if, as respects that requirement, he fails to comply with sub-paragraph (8) above.
Textual Amendments
F893Sch. 17 para. 7(1) substituted (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 28(2)
8(1)Where a person has become liable under paragraph 3 or 4 above to pay a penalty fare in respect of any journey on a local service or any train journey (referred to below as “the relevant journey”), no proceedings may be brought against him for any of the offences specified in sub-paragraph (3) below before the end of the period mentioned in paragraph 5(1) above.E+W+S
(2)No proceedings may be brought after the end of that period if—
(a)before the end of that period, the person who has become liable to pay the penalty fare has paid it to the person providing the service on which the requirement to pay it was made; or
(b)an action has been brought against the person who has become liable to pay the penalty fare for the recovery of that fare.
(3)The offences mentioned in sub-paragraph (1) above are—
(a)any offence under section 5(3)(a) or (b) of the M395Regulation of Railways Act 1889 (travelling without paying the correct fare with intent to avoid payment) arising from the relevant journey;
(b)any offence under byelaws made under section 67 of the M396Transport Act 1962 or paragraph 26 of Schedule 11 to this Act (byelaws for railways, etc.) involving a failure to obtain or produce a fare ticket or general travel authority for the relevant journey; and
(c)any offence under section 25(3) of the M397Public Passenger Vehicles Act 1981 of contravening or failing to comply with any provision of regulations for the time being having effect by virtue of that section by failing to pay the fare properly payable for the relevant journey or any part of it.
(4)If proceedings are brought in contravention of this paragraph the person who has become liable to pay the penalty fare shall cease to be liable to pay it, but where that person has paid that fare, the person to whom it is paid shall be liable to repay to that person the amount of that fare.
9(1)This paragraph applies to any services for the carriage of passengers by railway which do not fall within paragraph 2(1) above but which—E+W+S
(a)are provided wholly within Greater London; and
(b)are services, or services of a class or description, designated in an order made by the Secretary of State as services in relation to which this paragraph is to apply;
and in the following provisions of this paragraph any such services are referred to as “qualifying train services”.
(2)The Mayor may, on the application of a person who provides qualifying train services, by order provide that this Schedule shall apply, from such date and with such modifications as may be specified in the order, to qualifying train services provided by that person.
(3)The power to make an order under sub-paragraph (2) above includes power, exercisable in the same manner and subject to the same conditions and limitations, to revoke, amend or re-enact any such order.
(4)Without prejudice to sub-paragraph (3) above, an order under sub-paragraph (2) above may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in such an order.
(5)An order under sub-paragraph (2) above, and any order revoking, amending or re-enacting such an order, may contain such incidental, supplemental, consequential or transitional provision as may appear to the Mayor to be necessary or expedient.
(6)Where a person makes an application for an order under sub-paragraph (2) above, or for an order revoking, amending or re-enacting such an order, the Mayor may recover from that person payments in respect of the administrative costs reasonably incurred in connection with—
(a)the application, and
(b)if an order is made as a result of the application, the making of the order,
not exceeding £5,000 in the aggregate.
(7)The Mayor shall secure that any order under sub-paragraph (2) above, and any order revoking, amending or re-enacting any such order, is printed and published.
(8)A fee may be charged for the sale of an order printed and published under sub-paragraph (7) above.
(9)Where any services become qualifying services by virtue of an order under sub-paragraph (1)(b) above, any order which—
(a)is contained in a statutory instrument made by the Secretary of State,
(b)makes provision for or in connection with the imposition of penalty fares on passengers travelling on those services, and
(c)is in force immediately before this paragraph begins to apply to the services by virtue of the order under sub-paragraph (1)(b) above,
may, so far as relating to those services, be revoked under this paragraph as if it were an order under sub-paragraph (2) above.
(10)This paragraph applies in relation to a tramway as it applies in relation to a railway.
(11)In this paragraph “railway” and “tramway” have the meaning given by section 67(1) of the M398Transport and Works Act 1992.
Modifications etc. (not altering text)
C192Sch. 17 para. 9(1) applied (13.3.2012) by The London Cable Car Order 2012 (S.I. 2012/472), arts. 1, 7
Commencement Information
I122Sch. 17 para. 9 wholly in force at 3.7.2000: Sch. 17 para. 9 in force at Royal Assent for certain purposes see s.425(2); Sch. 17 para. 9 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Marginal Citations
10(1)If requested to do so by the Mayor, the Secretary of State shall by regulations make provision enabling a person required to pay a penalty fare to appeal against that requirement.E+W+S
(2)Regulations under this paragraph may include provision—
(a)for appeals to be heard and determined by independent adjudicators,
(b)for the appointment of such adjudicators,
(c)for requiring Transport for London to reconsider, before an appeal is determined, whether the appellant should be required to pay the penalty fare, and
(d)for the adjudicator’s directions in relation to an appeal to be binding upon Transport for London and the appellant.
Commencement Information
I123Sch. 17 para. 10 in force at 15.7.2003 in so far as not already in force by S.I. 2003/1920, art. 2(g)
11U.K.The M399London Regional Transport (Penalty Fares) Act 1992 shall cease to have effect.
Commencement Information
I124Sch. 17 para. 11 in force at 15.7.2003 by S.I. 2003/1920, art. 2(g)
Marginal Citations
Section 247.
Textual Amendments
F894Sch. 18: words in cross-heading preceding para. 1 inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 62(1)(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)
1E+W+SIf the Assembly so determines, there shall be paid to the chairman [F895and other members] of the Committee such remuneration as the Assembly may determine.
Textual Amendments
F895Words in Sch. 18 para. 1 inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 62(1)(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)
2E+W+SIf the Assembly so determines in the case of a person who has been remunerated under paragraph 1 [F896above as chairman] a pension shall be paid to or in respect of that person, or payments towards the provision of a pension to or in respect of that person shall be made, in accordance with the determination.
Textual Amendments
F896Words in Sch. 18 para. 2 substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 62(1)(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)
3E+W+SIf a person in receipt of remuneration under paragraph 1 above as chairman [F897or another member]ceases to hold that office, and it appears to the Assembly that there are special circumstances which make it right that that person should receive compensation, he shall be paid by way of compensation a sum of such amount as the Assembly may determine.
Textual Amendments
F897Words in Sch. 18 para. 3 inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 62(1)(4); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)
4E+W+SThe Assembly shall provide the Committee with funds with which to make payments in accordance with any determination made by the Assembly under paragraphs 1 to 3 above.
5(1)The Committee may appoint such officers as appear to the Committee to be requisite for the performance of their functions.E+W+S
(2)Appointments made under sub-paragraph (1) are—
(a)to be made in accordance with any rules of appointment made by the Authority, and
(b)subject to the approval of the Assembly.
6(1)The Assembly shall provide the Committee with funds with which to pay—E+W+S
(a)to their members, such travelling and other allowances as the Assembly may determine, and
(b)to their officers, such remuneration and such travelling and other allowances as the Committee may with the approval of the Assembly determine.
(2)The Assembly shall provide the Committee with funds with which to defray such other expenses in connection with the Committee’s functions as the Assembly may determine to be appropriate.
(3)The Committee shall prepare and send to the Assembly not less than two months, or such other period as the Assembly may specify, before the beginning of each financial year a statement of the expenses which they expect to incur in respect of that year for the purposes of, or in connection with, the carrying on of their functions.
(4)The Assembly shall consider any statement sent to it under sub-paragraph (3) above and shall either approve the statement or approve it with such modifications as it considers appropriate.
7(1)There shall be paid such pensions, or arrangements shall be made for the payment of such pensions, as the Assembly may determine to or in respect of such persons who are or have been officers of the Committee as the Assembly may determine.E+W+S
(2)The Assembly shall provide the Committee with funds with which to pay any such pension or to finance any such arrangements.
8(1)The Committee shall keep accounting records which—E+W+S
(a)set out and explain the Committee’s financial transactions,
(b)disclose with reasonable accuracy the financial status of the Committee at any time, and
(c)enable the Committee to comply with the requirements of this Act in preparing any statement of accounts.
(2)The Committee shall prepare in respect of each financial year a statement of accounts giving a true and fair view of—
(a)the Committee’s financial status at the end of that year, and
(b)the Committee’s income and expenditure for that year.
(3)If the Assembly issues guidance to the Committee as to the preparation of a statement of accounts, the Committee shall prepare the statement of accounts in compliance with the direction.
(4)A statement of accounts shall be audited by a person appointed by the Assembly as auditor to do so.
(5)A person shall not be qualified to be appointed as auditor unless—
(a)he is eligible for appointment as a [F898statutory auditor under Part 42 of the Companies Act 2006] (eligibility for appointment as company auditor), and
[F899(b)if the appointment were an appointment as a statutory auditor, he would not be prohibited from acting by section 1214 of that Act (independence requirement).]
(6)As soon as reasonably practicable after a statement of accounts has been audited, the auditor shall send a copy to the Assembly.
(7)The Committee’s financial year shall be such period as may be determined by the Assembly and notified to the Committee.
Textual Amendments
F898Words in Sch. 18 para. 8(5)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 24(2) (with arts. 6, 11, 12)
F899Sch. 18 para. 8(5)(b) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 24(3) (with arts. 6, 11, 12)
9E+W+SThe Assembly may after consultation with the [F900Secretary of State] make arrangements for the Committee to be provided with office accommodation.
Textual Amendments
F900Words in Sch. 18 para. 9 substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(9); S.I. 2005/1909, art. 2, Sch.
10(1)The persons appointed to be members of the Committee shall hold and vacate office in accordance with the terms of their respective appointments and shall, on ceasing to be members of the Committee, be eligible for reappointment.E+W+S
(2)Any person so appointed may at any time by notice in writing to the Assembly resign his office.
11(1)The Committee shall meet—E+W+S
(a)at least twice a year; and
(b)whenever convened by the chairman.
(2)Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of the Committee.
(3)Minutes shall be kept of the proceedings of every meeting of the Committee; and copies of those minutes shall be sent to the Assembly, the [F901Secretary of State] and the [F902Passengers’ Council].
(4)Subject to the provisions of this Schedule the Committee shall determine their own procedure (including the quorum at meetings of the Committee).
Textual Amendments
F901Words in Sch. 18 para. 11 substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(9); S.I. 2005/1909, art. 2, Sch.
F902Words in Sch. 18 para. 11(3) substituted (E.W.S.) (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 7(5)
12E+W+SThe Committee may delegate the exercise and performance of any of their functions to such sub-committees of the Committee as they think fit.
13(1)A sub-committee of the Committee may with the consent of the Assembly include persons who are not members of the Committee.E+W+S
(2)Where a person who is not a member of the Committee is a member of such a sub-committee, the Committee may pay to that person such travelling and other allowances in respect of that person’s membership of the sub-committee as the Committee may determine.
14E+W+SThe validity of any proceedings of the Committee shall not be affected by any vacancy amongst the members or by any defects in the appointment of a member.
15(1)Subject to sub-paragraph (2) below, meetings of the Committee shall be open to the public.E+W+S
(2)The public shall be excluded during any item of business where—
(a)it is likely, were members of the public to be present during that item, that information furnished in confidence to the Committee by [F903the Office of Rail and Road] or the [F904Secretary of State] would be disclosed in breach of the obligation of confidence;
(b)the Committee have resolved that, by reason of the confidential nature of the item or for other special reasons stated in the resolution, it is desirable in the public interest that the public be excluded; or
(c)it is likely, were members of the public to be present during that item, that there would be disclosed to them—
(i)any matter which relates to the affairs of an individual, or
(ii)any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate,
where public disclosure of that matter would or might, in the opinion of the committee, seriously and prejudicially affect the interests of that individual or body.
(3)The Committee shall give such notice—
(a)of any meeting of the Committee which is open to the public, and
(b)of the business to be taken at that meeting (other than items during which the public is to be excluded),
as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.
Textual Amendments
F903Words in Sch. 18 para. 15(2)(a) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(n)(vii)
F904Words in Sch. 18 para. 15 substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(9); S.I. 2005/1909, art. 2, Sch.
16(1)Section 25 of the M400Local Government Act 1974 (authorities subject to investigation by the Commission for Local Administration) shall be amended as follows.U.K.
(2)In subsection (1)—
(a)the word “and” preceding paragraph (d) shall cease to have effect; and
(b)at the end of paragraph (d) there shall be inserted “; and
(e)the London Transport Users’ Committee.”
F905(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F905Sch. 18 para. 16(3) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(v)(ii)
Marginal Citations
F90617E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F906Sch. 18 para. 17 repealed (1.2.2001) by 2000 c. 38, ss. 252, 274, Sch. 27 para. 62(7), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)
Section 252.
F9071U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F907Sch. 19 para. 1 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)
2U.K.In section 14 of the M401Chronically Sick and Disabled Persons Act 1970 (regard to be had to the desirability of appointing persons with experience of the needs of disabled persons to statutory committees) for “London Regional Passengers’ Committee” there shall be substituted “ London Transport Users’ Committee ”.
Marginal Citations
F9083U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F908Sch. 19 para. 3 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)
F9094U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F909Sch. 19 para. 4 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)
F9105U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F910Sch. 19 para. 5 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
Section 253.
1(1)All the jurisdiction, powers, authorities, privileges, interests and duties which, immediately before the coming into force of this paragraph, were vested in or exercisable by the Commissioners of Police of the Metropolis by virtue of section 2 of the M402London Hackney Carriages Act 1850 (transfer of functions of registrar of metropolitan public carriages to Commissioners of Police of the Metropolis) are transferred to and vested in Transport for London by this sub-paragraph.U.K.
(2)The M403London Hackney Carriages Act 1843 shall accordingly be amended as follows.
(3)For “the registrar” and “the said registrar”, wherever occurring, there shall be substituted “ Transport for London ”.
(4)In section 18 (licences and tickets to be delivered up on discontinuance of licence) for “him” there shall be substituted “ Transport for London ”.
(5)In section 19 (new tickets to be delivered instead of defaced or lost tickets) for “for the use of Her Majesty” there shall be substituted “ to Transport for London ”.
2(1)The M404London Hackney Carriages Act 1850 shall be amended as follows.U.K.
(2)In section 4 (standings for hackney carriages to be appointed and regulated by the Commissioners of Police of the Metropolis)—
(a)for “the said Commissioners of Police” and, where first and second occurring, “the said commissioners” there shall be substituted “ Transport for London ”;
(b)for “signed by one of the said commissioners” there shall be substituted “ signed by a person authorised for the purpose by Transport for London ”;
(c)for “the office of the Commissioners of Police in the City of Westminster” there shall be substituted “ the offices of Transport for London ”;
(d)for “the signature of the said commissioner” there shall be substituted “ the aforesaid signature ”.
3(1)The M405London Hackney Carriage Act 1853 shall be amended as follows.U.K.
(2)In section 2 (powers of inspection of carriages etc) for—
(a)“the said Commissioners of Police”, and
(b)“the said commissioners”, in both places where those words occur,
there shall be substituted “ Transport for London ”.
(3)In section 17 (penalties for offences) in paragraph 1 (excessive fares and refusal to carry authorised number of passengers or reasonable quantity of luggage) for “the said Commissioners of Police” there shall be substituted “ Transport for London ”.
(4)In section 20 (powers of Commissioners of Police etc) for the words from the beginning to “appoint; and” there shall be substituted “ In this Act ”.
Marginal Citations
F9114U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F911Sch. 20 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14
5(1)The M406Metropolitan Public Carriage Act 1869 shall be amended as follows.U.K.
(2)In section 4 (interpretation)—
(a)for the definition of “Prescribed” there shall be substituted the following definitions—
““London cab order” shall mean an order made by Transport for London.
“Prescribed” shall mean prescribed by London cab order.”; and
(b)at the end of the section there shall be added the following paragraph—
“Any power to make a London cab order under this Act includes power to vary or revoke a previous such order.”
(3)For section 6 (grant of hackney carriage licences) there shall be substituted—
(1)Transport for London shall have the function of licensing to ply for hire within the limits of this Act hackney carriages, to be distinguished in such manner as may be prescribed.
(2)A licence under this section may—
(a)be granted on such conditions,
(b)be in such form,
(c)be subject to revocation or suspension in such event, and
(d)generally be dealt with in such manner,
as may be prescribed.
(3)Subsection (2) of this section is subject to the following provisions of this section.
(4)A licence under this section shall, if not revoked or suspended, be in force for one year.
(5)A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London—
(a)by any applicant for a licence under this section, on making the application for the licence;
(b)by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and
(c)by any person granted a licence under this section, on the grant of the licence.
(6)In paragraph (b) of subsection (5) of this section “matter of fitness” means—
(a)any matter as respects which Transport for London must be satisfied before granting a licence under this section; or
(b)any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.
(7)Different amounts may be determined under subsection (5) of this section for different purposes or different cases.
(8)Transport for London may remit or refund the whole or part of a fee under subsection (5) of this section.
(9)Provision shall be made by London cab order—
(a)for the transfer of a licence under this section to the widow or to any child of full age of any person to whom such a licence has been granted who may die during the continuance of the licence leaving a widow or child of full age; and
(b)for the transfer of a licence under this section to the husband of any woman to whom such a licence has been granted and who marries during the continuance of the licence.”
(4)In section 7 (penalty on use of unlicensed carriage) the words “by the said Secretary of State” shall cease to have effect.
(5)For section 8 (hackney carriage to be driven by licensed drivers) there shall be substituted—
(1)Transport for London shall have the function of licensing persons to be drivers of hackney carriages.
(2)No hackney carriage shall ply for hire within the limits of this Act unless under the charge of a driver having a licence under this section from Transport for London.
(3)If any hackney carriage plies for hire in contravention of this section—
(a)the person driving the carriage, and
(b)the owner of the carriage, unless he proves that the driver acted without his privity or consent,
shall each be liable to a penalty not exceeding level 3 on the standard scale.
(4)Transport for London may send to the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London—
(a)details of a person to whom Transport for London is considering granting a licence under this section, and
(b)a request for the Commissioner’s observations;
and the Commissioner shall respond to the request.
(5)A licence under this section may—
(a)be granted on such conditions,
(b)be in such form,
(c)be subject to revocation or suspension in such event, and
(d)generally be dealt with in such manner,
as may be prescribed.
(6)Subsection (5) of this section is subject to the following provisions of this section.
(7)A licence under this section shall, if not revoked or suspended, be in force for three years.
(8)A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London—
(a)by any applicant for a licence under this section, on making the application for the licence;
(b)by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and
(c)by any person granted a licence under this section, on the grant of the licence.
(9)In paragraph (b) of subsection (8) of this section “matter of fitness” means—
(a)any matter as respects which Transport for London must be satisfied before granting a licence under this section; or
(b)any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.
(10)Different amounts may be determined under subsection (8) of this section for different purposes or different cases.
(11)Transport for London may remit or refund the whole or part of a fee under subsection (8) of this section.”
(6)In section 9 (regulations as to hackney and stage carriages)—
(a)for “The said Secretary of State may from time to time by order” there shall be substituted “ Transport for London may from time to time by London cab order ”;
(b)in paragraph (1) of the restrictions (consents required for stands in the City appointed by the Secretary of State) for “the Secretary of State” there shall be substituted “ Transport for London ”; and
(c)at the end of the restrictions there shall be added—
“(4)Any power of Transport for London to fix by regulations made by London cab order under this section any rates or fares to be paid for hackney carriages is exercisable subject to and in accordance with any directions given to Transport for London by the Mayor of London as to the basis on which those rates or fares are to be calculated.”
(7)In section 10 (power of Secretary of State to annex penalty for breach of order) for “Where the Secretary of State is authorised to make any order under this Act, he” there shall be substituted “ Where Transport for London is authorised to make a London cab order under this Act, Transport for London ”.
(8)For section 11 (other persons by whom licences may be granted) there shall be substituted—
Any licence which may be granted by Transport for London under this Act may, if Transport for London so directs, be granted by such person as may be appointed for the purpose in the direction.”
(9)In section 12 (powers to carry Act into execution)—
(a)for “The said Secretary of State” there shall be substituted “ Transport for London ”; and
(b)for “he”, in both places where it occurs, there shall be substituted “ Transport for London ”.
(10)In section 14 (power to affix placards etc to lamp posts) for “The Commissioner of the Metropolitan Police” there shall be substituted “ Transport for London ”.
(11)In section 15 (existing Acts to continue in force) for “by any order or regulation of the said Secretary of State” there shall be substituted “ by any London cab order ”.
Marginal Citations
6(1)The M407London Cab and Stage Carriage Act 1907 shall be amended as follows.U.K.
(2)In section 1(1) (power of Secretary of State to fix, by order under section 9 of the 1869 Act, fares for cabs fitted with taximeters)—
(a)for “The Secretary of State” there shall be substituted “ Transport for London ”;
(b)after “regulations made” there shall be inserted “ by London cab order ”.
(3)At the end of section 1 there shall be inserted—
“(3)The power conferred by subsection (1) of this section is subject to paragraph (4) of the restrictions specified in section nine of the said Act of 1869.”
(4)In section 2 (abolition of privileged cab system)—
(a)in subsection (1) (charges for admission to railway station not to exceed sum allowed by Secretary of State) for “the Secretary of State” there shall be substituted “ Transport for London ”; and
(b)in subsection (2) (power of Secretary of State by order to suspend or modify the section in relation to a station if satisfied of insufficient supply of cabs at the station)—
(i)for “the Secretary of State”, in both places, there shall be substituted “ Transport for London ”; and
(ii)for “by order” there shall be substituted “ by London cab order ”.
(5)In section 6 (definitions) in subsection (1)—
(a)after the definition of the expression “fare” there shall be inserted “ the expression “London cab order” has the same meaning as in the Metropolitan Public Carriage Act 1869 ”; and
(b)in the definition of “taximeter” (which requires the device to be approved by or on behalf of the Secretary of State) for “the Secretary of State” there shall be substituted “ Transport for London ”.
(6)At the end of that section there shall be added—
“(4)Any power to make a London cab order under or by virtue of this Act includes power to vary or revoke a previous such order.”
Marginal Citations
7(1)The M408London Cab Act 1968 shall be amended as follows.U.K.
(2)In section 1(1) (which extends the power of the Secretary of State to set fares under the Acts of 1869 and 1907) for “the Secretary of State” there shall be substituted “ Transport for London ”.
(3)After subsection (1) of section 1 there shall be inserted—
“(1A)The power conferred by subsection (1) of this section is subject to paragraph (4) of the restrictions specified in section 9 of the said Act of 1869.”
(4)In section 2 (power to increase length of obligatory journeys)—
(a)in subsection (1) (the power)—
(i)for “The Secretary of State” there shall be substituted “ Transport for London ”;
(ii)for “by order” there shall be substituted “ by London cab order ”; and
(ii)for “him” there shall be substituted “ Transport for London ”;
(b)in subsection (2) (power to limit application of order) for “An order” there shall be substituted “ A London cab order ”;
(c)in subsection (3) (power includes power to vary or revoke previous orders and is exercisable by statutory instrument subject to negative parliamentary procedure)—
(i)for “orders” there shall be substituted “ London cab orders ”;
(ii)after “previous” there shall be inserted “ such ”; and
(iii)the words from “and shall be exercisable” to the end of the subsection shall cease to have effect; and
(d)in subsection (4) (duty to consult before making order)—
(i)for “any order” there shall be substituted “ any London cab order ”;
(ii)for “the Secretary of State” there shall be substituted “ Transport for London ”; and
(iii)for “him” and “he” there shall be substituted “ Transport for London ”.
(5)In section 4A (power of Secretary of State by order to prohibit signs etc on private hire cars)—
(a)in subsection (1)—
(i)for “The Secretary of State” there shall be substituted “ Transport for London ”; and
(ii)for “by order” there shall be substituted “ by London cab order ”;
(b)in subsection (2), for “by an order” there shall be substituted “ by a London cab order ”;
(c)in subsection (3) (power includes power to vary or revoke previous orders and is exercisable by statutory instrument subject to negative parliamentary procedure)—
(i)for “orders” there shall be substituted “ London cab orders ”;
(ii)after “previous” there shall be inserted “ such ”; and
(iii)the words from “and shall be exercisable” to the end of the subsection shall cease to have effect;
(d)in subsection (4) (duty to consult before making order)—
(i)for “order” there shall be substituted “ London cab order ”;
(ii)for “the Secretary of State” there shall be substituted “ Transport for London ”; and
(iii)for “him” and “he” there shall be substituted “ Transport for London ”; and
(e)in subsection (5) (relationship to section 4) for “an order” there shall be substituted “ a London cab order ”.
(6)After section 4A there shall be inserted—
(1)In this Act, “London cab order” means an order made by Transport for London.
(2)Any power to make a London cab order under or by virtue of this Act includes power to vary or revoke a previous such order.”
8(1)The M409Transport Act 1985 shall be amended as follows.U.K.
(2)In section 10 (immediate hiring of taxis at separate fares)—
(a)in subsection (3)(a) (meaning of “licensing authority” in relation to the London taxi area) for “the Secretary of State”, in both places, there shall be substituted “ Transport for London ”;
(b)in subsection (5)(c), the words “if made otherwise than by the Secretary of State” shall cease to have effect;
(c)in subsection (8), the words “Except in the case of a scheme made by the Secretary of State,” shall cease to have effect; and
(d)subsection (10) (power of Secretary of State to make scheme exercisable by order) shall cease to have effect.
(3)In section 17 (London taxi and taxi driver licensing: appeals)—
(a)in subsections (2), (5), (8)(a) and (b) and (9) (which relate to reconsideration or appeal within the prescribed period) for “prescribed period”, in each place, there shall be substituted “ designated period ”;
(b)in subsection (10), after the definition of “the appropriate court” there shall be inserted the following definitions—
““designated period” means such period as may be specified for the purpose by London cab order;
“London cab order” means an order made by Transport for London”; and
(c)after subsection (10) there shall be added—
“(11)Any power to make a London cab order under this section includes power to vary or revoke a previous such order.”
Marginal Citations
9E+W+SThis Part of this Schedule is without prejudice to the provision that may be made under any power conferred on a Minister of the Crown by this Act to make subordinate legislation, within the meaning of the M410Interpretation Act 1978.
Marginal Citations
10(1)Any licence to act as driver of hackney carriages—E+W+S
(a)which was issued under section 8 of the M411London Hackney Carriages Act 1843 by or on behalf of the Commissioner of Police of the Metropolis, and
(b)which is in force immediately before the coming into force of paragraph 1 above,
shall have effect as from the coming into force of that paragraph as if it had been issued by Transport for London.
(2)Any metal ticket—
(a)which was issued under that section by or on behalf of the Commissioner of Police of the Metropolis, and
(b)which is in force immediately before the coming into force of paragraph 1 above,
shall have effect as from the coming force of that paragraph as if it had been issued by Transport for London.
Marginal Citations
11E+W+SAny regulations made or other thing done under section 4 of the M412London Hackney Carriages Act 1850 by or on behalf of a Commissioner of Police of the Metropolis and in force or otherwise having effect immediately before the coming into force of paragraph 2 above shall have effect as from the coming into force of that paragraph as if made or done by or, in the case of a signature, by a person authorised for the purpose by, Transport for London.
12E+W+SAny notice given under section 2 of the M413London Hackney Carriage Act 1853 and having effect immediately before the coming into force of sub-paragraph (2) of paragraph 3 above shall have effect as from the coming into force of that sub-paragraph as a notice given by Transport for London.
Marginal Citations
F91213E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F912Sch. 20 para. 13 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14
14(1)Any order—E+W+S
(a)made by or on behalf of the Secretary of State under or by virtue of any enactment contained in the M414Metropolitan Public Carriage Act 1869, and
(b)in force immediately before the coming into force of any provision of [F913paragraph 5] above in relation to that enactment,
shall, to the extent that the provision made by the order could be made by Transport for London, have effect as from the coming into force of that provision in relation to that enactment as a London cab order, but with the substitution for references to the Secretary of State of references to Transport for London.
(2)Any licence granted under section 6 or 8 of that Act and in force immediately before the coming into force of sub-paragraph (3) or (5) of paragraph 5 above in relation to that section shall have effect as from the coming into force of that sub-paragraph in relation to that section as a licence granted under that section by Transport for London.
(3)Any suspension or revocation of a licence under section 6 or 8 of that Act having effect immediately before the coming into force of sub-paragraph (3) or (5) of paragraph 5 above shall have effect as from the coming into force of that sub-paragraph in relation to that section as the suspension or revocation of the licence by Transport for London.
(4)Any appointment made under section 12 of that Act by the Secretary of State and in force immediately before the coming into force of sub-paragraph (9) of paragraph 5 above shall have effect as from the coming into force of that sub-paragraph as an appointment made by Transport for London.
Textual Amendments
F913Words in Sch. 20 para. 14(1)(b) substituted (4.7.2016) by Transport for London Act 2016 (c. i), ss. 1(1), 7
Marginal Citations
15(1)Any regulations made by the Secretary of State by order by virtue of section 1 of the M415London Cab and Stage Carriage Act 1907 and in force immediately before the coming into force of sub-paragraph (2) of paragraph 6 above shall have effect as from the coming into force of that paragraph as regulations made by London cab order by virtue of that section.E+W+S
(2)Any sum for the time being allowed by the Secretary of State under subsection (1) of section 2 of that Act immediately before the coming into force of paragraph (a) of sub-paragraph (4) of paragraph 6 above shall have effect as from the coming into force of that paragraph as the sum for the time being allowed under that subsection by Transport for London until such time as Transport for London allow a different sum.
(3)Any order made by the Secretary of State under section 2 of that Act and in force immediately before the coming into force of paragraph (b) of sub-paragraph (4) of paragraph 6 above shall have effect as from the coming into force of that paragraph as a London cab order.
(4)Any approval given by or on behalf of the Secretary of State for the purposes of the definition of “taximeter” in section 6(1) of that Act and in force immediately before the coming into force of the amendment made by paragraph (b) of sub-paragraph (5) of paragraph 6 above shall have effect as from the coming into force of that amendment as an approval given by Transport for London.
Marginal Citations
16(1)Any order made by the Secretary of State under section 2 of the M416London Cab Act 1968 and in force immediately before the coming into force of paragraph (a) of sub-paragraph (4) of paragraph 7 above shall have effect as from the coming into force of that paragraph as a London cab order.E+W+S
(2)Any order made by the Secretary of State under section 4A of that Act and in force immediately before the coming into force of paragraph (a) of sub-paragraph (5) of paragraph 7 above shall have effect as a London cab order as from the coming into force of that paragraph.
17(1)Any scheme made under section 10 of the Transport Act 1985 by the Secretary of State and in force immediately before the coming into force of paragraph (a) of sub-paragraph (2) of paragraph 8 above shall have effect as from the coming into force of that paragraph as a scheme made by Transport for London.E+W+S
(2)Any regulations prescribing a period for the purposes of a provision of that Act specified in paragraph (a) of sub-paragraph (3) of paragraph 8 above and in force immediately before the coming into force of that paragraph shall, until such time as a period is specified by London cab order for the purposes of that provision, continue in force and have effect as if the period so prescribed were the period specified for the purposes of that provision by London cab order.
Section 254.
1U.K.The M417Private Hire Vehicles (London) Act 1998 shall be amended as follows.
Marginal Citations
2U.K.Except in sections 37, 38 and 40, for “Secretary of State”, wherever occurring, there shall be substituted “ licensing authority ”.
3U.K.In section 3(3) (grant of London operator’s licences) for “he” there shall be substituted “ the authority ”.
4U.K.In section 7(2) (grant of London PHV licences) for “he” there shall be substituted “ the authority ”.
5U.K.In section 8(2) (presentation of vehicle for inspection and testing) for “he” there shall be substituted “ the authority ”.
6U.K.In section 10(3) (exemption from exhibiting disc or plate) for “he” there shall be substituted “ the authority ”.
7(1)Section 13 (London PHV driver’s licences) shall be amended as follows.U.K.
(2)In subsection (2) (grant of London PHV driver’s licence) for “he” there shall be substituted “ the authority ”.
(3)In subsection (3) (requirements as to knowledge of London and topographical skill)—
(a)for “his” there shall be substituted “ the authority’s ”; and
(b)for “him” there shall be substituted “ the authority ”.
8(1)Section 14 (issue of driver’s badges) shall be amended as follows.U.K.
(2)In subsection (1) (duty to issue badge) for “he” there shall be substituted “ the authority ”.
(3)In subsection (4) (exemption from wearing badge) for “he” in the second place where it occurs there shall be substituted “ the authority ”.
9U.K.In section 15(2) (further information to be furnished with application for licence) for “he” there shall be substituted “ the authority ”.
10(1)Section 17 (suspension and revocation under section 16: procedure) shall be amended as follows.U.K.
(2)In subsection (1)(a) (duty to give notice of decision and grounds for it) for “he” there shall be substituted “ the authority ”.
(3)In subsection (2) (immediate commencement of suspension or revocation in interests of public safety) for “he” there shall be substituted “ the authority ”.
11U.K.In section 18(4) (reference to new operating centre not to be added unless satisfied that premises meet prescribed requirements) for “he” there shall be substituted “ the authority ”.
12(1)Section 19 (variation of operator’s licence) shall be amended as follows.U.K.
(2)In subsection (1) (suspension or variation as to operating centre) for “he” there shall be substituted “ the authority ”.
(3)In subsection (2)(a) (duty to give notice of decision and grounds for it) for “he” there shall be substituted “ the authority ”.
(4)In subsection (3) (immediate commencement of suspension or revocation in interests of public safety)—
(a)for “his” in both places where it occurs there shall be substituted “ the authority’s ”; and
(b)for “he” there shall be substituted “ the authority ”.
(5)The sidenote to the section accordingly becomes “Variation of operator’s licence by the licensing authority.”
13U.K.In section 22(4) (notice directing return of licence) for “him” there shall be substituted “ the authority, constable or officer (as the case may be) ”.
14U.K.The sidenote to section 24 becomes “Delegation of functions by the licensing authority.”
15U.K.In section 30(2) (consultation with cab and private hire trade before making regulations prohibiting certain signs, notices etc) for “him” and “he” there shall be substituted “ the authority ”.
16(1)Section 32 (regulations) shall be amended as follows.U.K.
(2)In subsection (1) (purpose for which regulations may be made) after “this Act”, in both places, there shall be inserted “ (other than section 37) ”.
(3)In subsection (3) (power to make regulations to be exercisable by statutory instrument subject to negative parliamentary procedure) for “conferred by this Act” there shall be substituted “ conferred on the Secretary of State by section 37 ”.
(4)At the end of the section there shall be added—
“(4)Any power of the licensing authority to make regulations under this Act includes power to vary or revoke previous regulations made under this Act (other than regulations made under section 37).
(5)Subsection (4) applies notwithstanding that the previous regulations in question were made by the Secretary of State by statutory instrument.
(6)The licensing authority shall secure that any regulations made under this Act by the authority are printed and published.
(7)A fee may be charged for the sale of regulations printed and published under subsection (6).”
17U.K.In section 36 (interpretation) after the definition of “licensed taxi” there shall be inserted—
““the licensing authority” means Transport for London;”.
18U.K.In section 37 (power of Secretary of State to make transitional provisions etc) at the end there shall be added—
“(3)Before making regulations under this section the Secretary of State shall consult the licensing authority.”
19U.K.Section 38 (financial provisions relating to the Secretary of State) shall cease to have effect.
Section 270.
Prospective
1(1)Section 125 of the M418Highways Act 1980 (further powers to stop up private access to premises) shall be amended as follows.U.K.
(2)In subsection (1) after “Minister” there shall be inserted “ or London Borough ”.
(3)In subsection (4) after “Minister” there shall be inserted “ or, as the case may be, the council of a London borough ”.
Marginal Citations
2U.K.The M419Town and Country Planning Act 1990 shall be amended as follows.
3(1)Section 247 shall be amended as follows.U.K.
(2)In subsection (1) (Secretary of State’s power to authorise stopping up or diversion of highway) after “highway” there shall be inserted “ outside Greater London ”.
(3)In subsection (2) (Secretary of State’s power to provide or improve other highways) after “highway” there shall be inserted “ outside Greater London ”.
(4)After subsection (2) there shall be inserted—
“(2A)The council of a London borough may by order authorise the stopping up or diversion of any highway within the borough, or within another London borough if the council of that borough consents, if it is satisfied that it is necessary to do so in order to enable development to be carried out—
(a)in accordance with planning permission granted under Part III, or
(b)by a government department.
(2B)Such an order may make such provision as appears to the council to be necessary or expedient for the provision or improvement of any other highway within the borough.”
(5)In subsection (3) (orders directing that highway to be maintainable at public expense etc) for “Such an order” there shall be substituted “ An order under subsection (1) or (2A) ”.
(6)After subsection (3) there shall be inserted—
“(3A)An order under subsection (2A) may not provide that—
(a)the Secretary of State,
(b)Transport for London, or
(c)a London borough other than the one whose council is making the order,
shall be the highway authority for a highway unless the Secretary of State, Transport for London or the council, as the case may be, so consents.”
(7)In subsection (4) (incidental provision in an order) after “Secretary of State” in both places where it occurs there shall be inserted “ or the council of the London borough ”.
(8)In subsection (6)(a) (order making power to be without prejudice to other similar powers) after “Secretary of State” there shall be inserted “ or a London borough ”.
4(1)Section 248 shall be amended as follows.U.K.
(2)In subsection (2) (Secretary of State’s power to stop up or divert a highway affected by construction or improvement of another highway) after “applies” there shall be inserted “ and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is outside Greater London ”.
(3)After subsection (2) there shall be inserted—
“(2A)Where this section applies and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is within a London borough, if it appears to the council of that borough expedient to do so—
(a)in the interests of the safety of users of the main highway; or
(b)to facilitate the movement of traffic on the main highway,
it may by order authorise the stopping up or diversion of the other highway.”
(4)In subsection (3) (application of section 247 to orders under section 248)—
(a)after “Subsections (2)” there shall be inserted “ and (2B) ”,
(b)for “subsection (2)” there shall be substituted “ subsections (2) and (2B) ”.
5(1)Section 249 shall be amended as follows.U.K.
(2)In subsection (1)(b) (cases where section 249 applies) after “trunk road” there shall be inserted “ , a GLA road ”.
(3)At the beginning of subsection (2) (Secretary of State’s power to extinguish rights to use a highway affected by improvement of amenity of area) there shall be inserted “ Where the public is to cease to have such a right of way at a place outside Greater London, ”.
(4)After subsection (2) there shall be inserted—
“(2A)Where—
(a)the public is to cease to have such a right of way at a place within a London borough, and
(b)the conditions mentioned in subsection (2B)(a) or (b) are satisfied,
the council of that borough may by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.
(2B)The conditions are that—
(a)the council is a local planning authority for the place where the right of way is to cease and it resolves that the right should be extinguished, or
(b)another authority is a local planning authority for that place and, having resolved to do so, it applies to the council of the borough for the right to be extinguished.”
(5)In subsection (3) (power to provide for continuance of specified rights on highway where general right of use is extinguished)—
(a)after “subsection (2)” there shall be inserted “ or (2A) ”, and
(b)after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the London borough ”.
(6)In subsection (5) (order under section 249 not to be prejudiced by any other enactment) after “subsection (2)” there shall be inserted “ or (2A) ”.
(7)In subsection (6) (revocation of order under section 249 upon application by local planning authority)—
(a)after “subsection (2)” there shall be inserted “ or (2A) ”,
(b)after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the borough ”,
(c)for “he” in the first place where it occurs there shall be substituted “ the Secretary of State or council ”, and
(d)for “he does so” there shall be substituted “ the order is revoked ”.
(8)In subsection (8) (requirement for local planning authority to consult before applying for order to be revoked) after “subsection (2)” there shall be inserted “ , (2A) ”.
(9)In subsection (9) (application of section 247 to order made under section 249) after “subsection (2)” there shall be inserted “ , (2B) ”.
6(1)Section 250 shall be amended as follows.U.K.
(2)In subsection (1) (right to compensation for those with an interest in land affected by an order under section 249) after “section 249(2)” there shall be inserted “ or (2A) ”.
7(1)Section 252 shall be amended as follows.U.K.
(2)In subsection (1) (requirement to publicise proposals in certain newspapers)—
(a)after “Secretary of State” in the first place where it occurs there shall be inserted “ or, as the case may be, the council of a London borough ”, and
(b)after “Secretary of State” in the second place where it occurs there shall be inserted “ or, as the case may be, the council of the London borough ”.
(3)In subsection (2) (requirement to serve details of proposals on certain local and other authorities) after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the London borough ”.
(4)In subsection (3) (requirement to display details of proposals at highway concerned) after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the London borough ”.
(5)In subsection (4) (requirement to hold local inquiry if objection made)—
(a)after “Secretary of State” in the first place where it occurs there shall be inserted “ or, as the case may be, the council of the London borough, ”
(b)for “him” there shall be substituted “ to the Secretary of State or, as the case may be, the council ”, and
(c)for “unless subsection (5) applies the Secretary of State shall cause a local inquiry to be held” there shall be substituted—
“(a)in a case where the Secretary of State is proposing to make an order, he shall cause a local inquiry to be held unless subsection (5) applies, or
(b)in a case where the council of a London borough is proposing to make an order, it shall notify the Mayor of London of the objections and shall cause a local inquiry to be held unless subsection (5A) applies.”
(6)In subsection (5) (power to dispense with local inquiry in certain circumstances) after “where” there shall be inserted “ the Secretary of State is proposing to make an order and ”.
(7)After subsection (5) there shall be inserted—
“(5A)In a case where—
(a)the council of a London borough is proposing to make the order,
(b)the council has under subsection (4)(b) notified the Mayor of London of the objections, and
(c)none of the objections notified is made by such a local authority or undertakers or transporter as are mentioned in that subsection,
the Mayor of London shall decide whether, in the special circumstances of the case, the holding of such an inquiry is unnecessary, and if he decides that it is unnecessary he shall so notify the council which may dispense with the inquiry.”
(8)In subsection (6) (application of other statutory provisions to local inquiry held under section 252) after “Secretary of State” there shall be inserted “ or the council of a London borough ”.
(9)After subsection (6) there shall be inserted—
“(6A)In their application to an inquiry caused to be held by the council of a London borough—
(a)subsection (4) of section 250 of the Local Government Act 1972 shall be treated as if—
(i)for the reference to a Minister there were substituted a reference to the council of a London borough,
(ii)for the reference to him there were substituted a reference to the council,
(iii)for the reference to he there were substituted a reference to the council acting with the consent of the Mayor of London, and
(iv)for the references to the Minister there were substituted references to the council of the London borough, and
(b)subsection (5) of that section shall be treated as if—
(i)for the reference to the Minister there were substituted a reference to the council of a London borough, and
(ii)the power to make an order as to the costs of parties were subject to a requirement to act with the consent of the Mayor of London.”
(10)In subsection (8) (making of order) before “After” there shall be inserted “ Where the Secretary of State is proposing to make an order, ”.
(11)After subsection (8) there shall be inserted—
“(8A)Where the council of a London borough is proposing to make an order, after—
(a)considering any objections to the order which are not withdrawn, and
(b)where a local inquiry is held—
(i)considering the report of the person who held the inquiry, and
(ii)obtaining the consent of the Mayor of London to the making of the order,
the council may, subject to subsection (9), make the order either without modification or subject to such modification as it thinks fit.”
(12)In subsection (10) (requirement to publicise making of order) after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the London borough ”.
(13)After subsection (10) there shall be inserted—
“(10A)Nothing in subsection (2) shall require the council of a London borough to serve anything on itself.”
8(1)Section 253 shall be amended as follows.U.K.
(2)In subsection (1) (power to publish certain orders in draft before planning permissions making the orders necessary are granted)—
(a)after “Secretary of State” in the first place where it occurs there shall be inserted “ or the council of a London borough ”, and
(b)after “Secretary of State” in the second place where it occurs there shall be inserted “ or, as the case may be, the council of the London borough ”.
(3)In subsection (5) (saving of restriction on power to make order until planning permission granted) after “Secretary of State” there shall be inserted “ or the council of a London borough ”.
9(1)Section 261 shall be amended as follows.U.K.
(2)In subsection (1) (Secretary of State’s power to order stopping up or diversion of highway for working of minerals)—
(a)after “Secretary of State” there shall be inserted “ or the council of a London borough ”, and
(b)after “him” there shall be inserted “ or, as the case may be, the council ”.
(3)In subsection (3) (additional provision in order under section 261)—
(a)for “or, as the case may be,” there shall be substituted “ , the council of the London borough or ”, and
(b)after “authority” there shall be inserted “ (as the case may be) ”.
Section 295.
1(1)In this Schedule—E+W+S
“borough scheme” means any charging scheme other than a TfL scheme;
“charging area” means an area to which a charging scheme applies;
“charging authority” means an authority which is the maker of a charging scheme;
“charging scheme” means a scheme for imposing charges in respect of the keeping or use of motor vehicles on roads in an area designated in the scheme;
“GLA road” includes a reference to a GLA side road;
“highway authority” has the same meaning as in the M420Highways Act 1980 (see in particular sections 1 to 9 of that Act);
“immobilisation device” has the same meaning as in section 104(9) of the M421Road Traffic Regulation Act 1984;
“motor vehicle” shall be construed in accordance with subsection (3) of section 295 of this Act;
“net proceeds”, in relation to a charging scheme [F914and a financial year, means the amount (if any) by which—
(a)the amounts received under or in connection with the scheme which are attributable to the financial year, exceed
(b)the expenses incurred for or in connection with the scheme which are so attributable;]
“penalty charge” has the same meaning as in paragraph 12 below;
“penalty charge notice” means notice of a penalty charge;
“prescribed” means specified in, or determined in accordance with, regulations;
[F915“registered keeper”, in relation to a charge imposed in respect of a motor vehicle, means the person in whose name the vehicle was registered under the M422Vehicle Excise and Registration Act 1994 at the time of the act, omission, event or circumstances in respect of which the charge is imposed;]
“regulations” means [F916(except where otherwise provided)]regulations made by the Secretary of State;
“relevant transport purpose” means any purpose which directly or indirectly facilitates the implementation of any policies or proposals set out in the Mayor’s transport strategy;
“redistributed portion”, in relation to the net proceeds of a charging scheme, shall be construed in accordance with paragraph 21(1) below;
“road” has the same meaning as in the M423Road Traffic Regulation Act 1984 (see section 142(1) of that Act);
“
”, in relation to a charging authority and a charging scheme, shall be construed in accordance with paragraph 18(2) below;“TfL scheme” means a charging scheme made by Transport for London;
“traffic authority” has the same meaning as in the M424Road Traffic Regulation Act 1984 (see sections 121A and 142(1) of that Act);
“traffic sign” has the [F917meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act];
“trunk road” has the same meaning as in the M425Road Traffic Regulation Act 1984 (see section 142(1) of that Act).
[F918(2)For the purposes of this Schedule—
(a)the amounts received under or in connection with a charging scheme, and
(b)the expenses incurred for or in connection with such a scheme,
and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.]
(3)Any reference in this Schedule to a class of motor vehicles is a reference to a class defined or described by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever.
(4)For the purposes of this Schedule—
(a)the City of London shall be treated as if it were a London borough;
(b)the Common Council shall be treated as if it were the council for a London borough; and
(c)the Inner Temple and the Middle Temple shall be treated as forming part of the City.
Textual Amendments
F914Sch. 23 para. 1(1): words and para. 1(1)(a)(b) in definition of
“net proceeds”
substituted for words (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 2(1)(2) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F915Sch. 23 para. 1(1): definition of
“registered keeper”
inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 2(1)(3) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F916Sch. 23 para. 1(1): words in definition of
“regulations”
inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 2(1)(4) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F917Sch. 23 para. 1(1): words in definition of
“traffic sign”
substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 2(1)(5) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F918Sch. 23 para. 1(2) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 2(1)(6) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I125Sch. 23 para. 1 wholly in force at 3.7.2000; Sch. 23 para. 1 in force at Royal Assent for certain purposes see s. 425(2); Sch. 23 para. 1 in force at 8.5.2000 for further certain purposes and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(1)(2)(b)(c), Sch. Pts. 2, 3
Marginal Citations
2E+W+SAny functions conferred or imposed on the Authority by or under this Schedule are exercisable by the Mayor acting on behalf of the Authority.
Commencement Information
I126Sch. 23 para. 2 wholly in force at 3.7.2000; Sch. 23 para. 2 not in force at Royal Assent see s. 425(2); Sch. 23 para. 2 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
3E+W+SA charging scheme may only be made if it appears desirable or expedient for the purpose of directly or indirectly facilitating the achievement of any policies or proposals set out in the Mayor’s transport strategy.
Commencement Information
I127Sch. 23 para. 3 wholly in force at 3.7.2000; Sch. 23 para. 3 not in force at Royal Assent see s. 425(2); Sch. 23 para. 3 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
4(1)Any charging scheme must be contained in an order—E+W+S
(a)made under this Schedule by the authority making the scheme; and
(b)submitted to, and confirmed (with or without modification) by, the Authority.
(2)An order containing a charging scheme shall be in such form as the Authority may determine.
(3)The Authority may—
(a)consult, or require an authority making a charging scheme to consult, other persons;
[F919(aa)require such an authority to publish its proposals for the scheme and to consider objections to the proposals;]
(b)hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a charging scheme;
(c)appoint the person or persons by whom any such inquiry is to be held;
(d)make modifications to any such order, whether in consequence of any objections or otherwise, before the order takes effect;
[F920(da)require the authority by whom any such order is made to publish notice of the order and of its effect;]
[F921(e)require any such order to include such exemptions for such purposes as the Authority may determine;]
(f)require the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as the Authority may determine.
[F922(4)Subsections (2) and (3) of section 250 of the M426Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3)(b) above.
(5)Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a charging scheme—
(a)the costs of the inquiry shall be paid by the charging authority; and
(b)the parties at the inquiry shall bear their own costs.
(6)The charging authority may enter any land, and exercise any other powers which may be necessary, for placing and maintaining, or causing to be placed and maintained, traffic signs in connection with the charging scheme.]
Textual Amendments
F919Sch. 23 para. 4(3)(aa) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 3(1)(2) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F920Sch. 23 para. 4(3)(da) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 3(1)(3) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F921Sch. 23 para. 4(3)(e) repealed (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 274, 275(1), Sch. 13 para. 3(1)(4), Sch. 31 Pt. III (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F922Sch. 23 para. 4(4)-(6) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 3(1)(5) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I128Sch. 23 para. 4 wholly in force at 3.7.2000; Sch. 23 para. 4 not in force at Royal Assent see s. 425(2); Sch. 23 para. 4 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Marginal Citations
Prospective
5E+W+SA charging scheme must be in conformity with the Mayor’s transport strategy.
Commencement Information
I129Sch. 23 para. 5 wholly in force at 3.7.2000; Sch. 23 para. 5 not in force at Royal Assent see s. 425(2); Sch. 23 para. 5 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
6E+W+SThe approval of the Authority must be obtained before there is included in a borough scheme any provision of a description specified in a direction under this paragraph given by the Authority to the London borough councils.
Commencement Information
I130Sch. 23 para. 6 wholly in force at 3.7.2000; Sch. 23 para. 6 not in force at Royal Assent see s. 425(2); Sch. 23 para. 6 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
7(1)The Authority may authorise or require two or more London borough councils acting jointly to make a charging scheme applying to the whole or part of their combined areas (a “joint charging scheme”).E+W+S
(2)In the application of this Schedule in relation to a joint charging scheme, any reference to the charging authority is a reference to all or any of the London borough councils concerned.
Commencement Information
I131Sch. 23 para. 7 wholly in force at 3.7.2000; Sch. 23 para. 7 not in force at Royal Assent see s. 425(2); Sch. 23 para. 7 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
8E+W+SA charging scheme must—
(a)designate the area to which it applies;
(b)specify the classes of motor vehicles in respect of which a charge is imposed;
(c)designate those roads in the charging area in respect of which charges are imposed; and
(d)specify the charges imposed.
Commencement Information
I132Sch. 23 para. 8 wholly in force at 3.7.2000; Sch. 23 para. 8 not in force at Royal Assent see s. 425(2); Sch. 23 para. 8 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
9(1)The designation of—E+W+S
(a)the boundaries of the charging area, and
(b)the roads in that area in respect of which charges are imposed,
shall be such as the authority making the charging scheme may determine, subject to any modifications made by the Authority.
(2)A TfL scheme may apply to an area which consists of the whole or any part of Greater London.
(3)A borough scheme may apply to an area which consists of the whole or any part of the area of the authority (or, in the case of a joint charging scheme, the combined areas of the authorities) making the scheme.
(4)A road shall not be subject to charges imposed by more than one charging authority at the same time[F923, except with the consent of the Authority.]
(5)In the application of sub-paragraph (4) above in relation to a joint charging scheme, the authorities making the scheme shall be treated as if they together constituted a single charging authority.
(6)A TfL scheme may impose charges in respect of roads in the charging area, whether or not Transport for London is the traffic authority or the highway authority for those roads.
(7)A charging scheme must not impose charges in respect of a trunk road except with the consent of the Secretary of State.
(8)A borough scheme may impose charges in respect of GLA roads.
Textual Amendments
F923Words in Sch. 23 para. 9(4) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 113(6), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Commencement Information
I133Sch. 23 para. 9 wholly in force at 3.7.2000; Sch. 23 para. 9 not in force at Royal Assent see s. 425(2); Sch. 23 para. 9 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
10(1)A charging scheme shall specify or describe the events by reference to the happening of which a charge is imposed by the charging scheme in respect of a motor vehicle being kept or used on a road in a charging area.E+W+S
(2)Any charge imposed by a charging scheme in respect of the keeping of a motor vehicle on a road in a charging area must also have effect in respect of the use of the motor vehicle in that charging area.
(3)A charging scheme may make provision in relation to the manner in which charges are to be made, collected, recorded or paid.
(4)The charges that may be imposed by a charging scheme include different charges (which may be no charge) for [F924different cases, including (in particular)]—
(a)different days;
(b)different times of day;
(c)different parts of a charging area;
(d)different distances travelled;
(e)different classes of motor vehicles.
[F925(f)different methods or means of recording, administering, collecting or paying the charge.]
(5)In setting the rates of charge, regard may be had to the purposes for which the charging authority is to apply the net proceeds of the scheme.
Textual Amendments
F924Words in Sch. 23 para. 10(4) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 112(2)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F925Sch. 23 para. 10(4)(f) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 112(2)(b), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Commencement Information
I134Sch. 23 para. 10 wholly in force at 3.7.2000; Sch. 23 para. 10 not in force at Royal Assent see s. 425(2); Sch. 23 para. 10 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Textual Amendments
F926Sch. 23 para. 10A and crossheading inserted (E.W.) (26.11.2008 for specified purposes, 9.2.2009 in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 113(7), 134(1)(c)(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
10A(1)Regulations may—E+W+S
(a)make provision requiring a charging scheme to provide that in specified circumstances—
(i)persons of a specified description may pay, and
(ii)where those persons so choose, the charging authorities must collect,
the charges imposed by the scheme in a specified manner;
(b)make provision for or in connection with the arrangements to be made by the charging authority with any person for the purpose of enabling charges to be paid, and collected, as mentioned in paragraph (a).
(2)In sub-paragraph (1) “specified” means specified in the regulations.]
11(1)The Secretary of State may by regulations make provision for or in connection with—E+W+S
(a)exemptions from charge,
(b)the application of reduced rates of charge, or
(c)the imposition of limits on the charges payable,
in the case of any prescribed class of motor vehicles or any prescribed description of disabled or other persons.
(2)Subject to any regulations under sub-paragraph (1) above [F927and to paragraphs 4 and 6 above], a charging scheme may make provision for or in connection with—
(a)exemptions from charge,
(b)the application of reduced rates of charge, or
(c)the imposition of limits on the charges payable,
in the case of any particular class of motor vehicles or description of persons.
Textual Amendments
F927Words in Sch. 23 para. 11(2) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 4 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I135Sch. 23 para. 11 wholly in force at 3.7.2000; Sch. 23 para. 11 in force at Royal Assent for certain purposes see s. 425(2); Sch. 23 para. 11 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Textual Amendments
F928Cross-heading preceding s. 11A inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 5 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
[F92911AE+W+SA charging scheme may require—
(a)documents to be displayed while a motor vehicle is on a road in respect of which charges are imposed; or
(b)equipment to be carried in or fitted to a motor vehicle while it is on such a road.]
Textual Amendments
F929Sch. 23 para. 11A inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 5 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
12(1)Regulations may make provision for or in connection with the imposition [F930and payment] of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with a charging scheme.E+W+S
(2)Regulations under sub-paragraph (1) above may make provision for or in connection with setting the rates of penalty charges (which may include provision for discounts or surcharges).
[F931(3)The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.]
Textual Amendments
F930Words in Sch. 23 para. 12(1) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 6(2) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F931Sch. 23 para. 12(3) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 6(3) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I136Sch. 23 para. 12 wholly in force at 3.7.2000; Sch. 23 para. 12 in force at Royal Assent for certain purposes see s. 425(2); Sch. 23 para. 12 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
F932[13E+W+SCharges imposed in respect of any motor vehicle by a charging scheme (including penalty charges imposed in respect of any motor vehicle) shall be paid—
(a)by the registered keeper of the motor vehicle; or
(b)in prescribed circumstances, by such person as is prescribed.]
Textual Amendments
F932Sch. 23 para. 13 substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 7 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I137Sch. 23 para. 13 wholly in force at 3.7.2000; Sch. 23 para. 13 in force at Royal Assent for certain purposes see s. 425(2); Sch. 23 para. 13 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
14E+W+SA charging authority may-
[F933(a)install and maintain, or authorise the installation and maintenance of, any equipment; or
(b)construct and maintain, or authorise the construction and maintenance of, buildings or other structures,
used or] to be used in connection with the operation or enforcement of charging scheme.
Textual Amendments
F933Words in Sch. 23 para. 14 and para. 14(a)(b) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) for words by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 8 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Modifications etc. (not altering text)
C193Sch. 23 para. 14 modified (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 56(2)(a)
Commencement Information
I138Sch. 23 para. 14 wholly in force at 3.7.2000; Sch. 23 para. 14 not in force at Royal Assent see s. 425(2); Sch. 23 para. 14 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
15(1)A charging authority shall keep an account [F934relating to] each of the authority’s charging schemes.E+W+S
(2)Each of the following bodies, namely—
(a)the Authority,
(b)Transport for London, and
(c)a London borough council,
shall keep an account [F934relating to] the sums received by the body which represent net proceeds of charging schemes for which the body is not the charging authority.
(3)[F935Each] of the bodies required to keep an account under sub-paragraph (1) or (2) above shall prepare a statement of that account for [F935each financial year].
(4)A statement of account required to be prepared under sub-paragraph (3) above for any financial year shall be published—
(a)in the case of a statement of account prepared by Transport for London, in the annual report of Transport for London under section 161 of this Act for that year;
(b)in any other case, in the annual accounts for that year of the body which prepared the statement of account.
[F936(4A)Regulations may make further provision relating to—
(a)accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one charging scheme); and
(b)the preparation and publication of statements of such accounts.]
(5)At the end of each financial year—
(a)any deficit in an account required to be kept under sub-paragraph (1) or (2) above shall be made good out of the body’s general fund; and
(b)any surplus in any such account [F937(after the application of any of the net proceeds in accordance with the following provisions)]shall be dealt with in accordance with sub-paragraphs (6) and (7) below.
(6)Any such surplus shall be applied towards making good to the general fund any amount charged to that fund under sub-paragraph (5)(a) above in respect of the account in question in the ten years immediately preceding the financial year in question.
(7)So much of any surplus as remains after the application of sub-paragraph (6) above shall be carried forward in the account in question to the next financial year.
(8)In the application of this paragraph in relation to Transport for London, any reference to its general fund shall be taken as a reference to its gross income.
Textual Amendments
F934Words in Sch. 23 para. 15(1)(2) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 9(1)(2) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F935Words in Sch. 23 para. 15(3) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 9(1)(3) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F936Sch. 23 para. 15(4A) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 9(1)(4) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F937Words in Sch. 23 para. 15(5)(b) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 9(1)(5) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I139Sch. 23 para. 15 wholly in force at 3.7.2000; Sch. 23 para. 15 not in force at Royal Assent see s. 425(2); Sch. 23 para. 15 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
16(1)In the case of any charging scheme F938..., the net proceeds of the scheme shall,F939..., be available only for application for relevant transport purposes by any one or more of the following bodies, namely—E+W+S
(a)the Authority;
(b)Transport for London; or
(c)a London borough council.
[F940(1A)Sub-paragraph (1) above is subject to paragraph 18(1A) and (1B) below.]
F941(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F941(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F941(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The net proceeds of charging schemes may only be applied for purposes which provide value for money.
(6)Sub-paragraphs [F942(1) and (5)] above are without prejudice to paragraph 15(6) above.
F943(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F938Words in Sch. 23 para. 16(1) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 10(2)(a), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F939Words in Sch. 23 para. 16(1) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 10(2)(b), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F940Sch. 23 para. 16(1A) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 10(3); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F941Sch. 23 para. 16(2)-(4) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 10(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F942Words in Sch. 23 para. 16(6) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 10(5); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F943Sch. 23 para. 16(7) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 10(6), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C194Sch. 23 para. 16: power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I140Sch. 23 para. 16 wholly in force at 3.7.2000; Sch. 23 para. 16 in force at Royal Assent for certain purposes see s. 425(2); Sch. 23 para. 16 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
17F944(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
F944(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The Secretary of State may issue guidance to the Authority, Transport for London and the London borough councils with respect to the appraisal of whether any application of net proceeds of a charging scheme for any purpose provides value for money.
(4)In determining how to apply the net proceeds of charging schemes, the Authority, Transport for London and any London borough council shall comply with any guidance issued by the Secretary of State under sub-paragraph (3) above.
(5)The Secretary of State may at any time vary the guidance under sub-paragraph (3) above.
F944(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F944Sch. 23 para. 17(1)(2)(6) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 11, Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C195Sch. 23 para. 17: power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I141Sch. 23 para. 17 wholly in force at 3.7.2000; Sch. 23 para. 17 in force at Royal Assent for certain purposes see s. 425(2); Sch. 23 para. 17 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
18(1)F945... The Authority may require a charging scheme to include provision for such portion of the net proceeds as the Authority may determine to be paid to—E+W+S
(a)the Authority,
(b)Transport for London, or
(c)such London borough councils as may be specified or described by the Authority,
for application for relevant transport purposes.
[F946(1A)In the case of a charging scheme which imposes charges in respect of a trunk road, the Secretary of State may require the scheme to include provision for the payment to the Secretary of State of such portion of the net proceeds as is—
(a)provided for by the scheme, or
(b)otherwise determined with the consent of the Secretary of State.
(1B)Any portion of the net proceeds paid to the Secretary of State by virtue of sub-paragraph (1A) shall be available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.]
(2)In this Schedule, any reference to a charging authority’s share of the net proceeds of a charging scheme is a reference to so much of the net proceeds of the scheme as remains after the making of any payments to other bodies or persons required by virtue of sub-paragraph (1) [F947or (1A)] aboveF948....
(3)For the purposes of this Schedule, the payment by the Authority of a sum received by the Authority by virtue of sub-paragraph (1) above to any body corporate for the purpose of the application of that sum by that body for relevant transport purposes shall be taken to be the application of that sum by the Authority for relevant transport purposes.
Textual Amendments
F945Words in Sch. 23 para. 18(1) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 12(2), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F946Sch. 23 para. 18(1A)(1B) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 12(3); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F947Words in Sch. 23 para. 18(2) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 12(4)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F948Words in Sch. 23 para. 18(2) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 12(4)(b), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C196Sch. 23 para. 18: power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I142Sch. 23 para. 18 wholly in force at 3.7.2000; Sch. 23 para. 18 not in force at Royal Assent see s. 425(2); Sch. 23 para. 18 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
19(1)A charging scheme must include a statement of the charging authority’s proposed general plan for applying the authority’s share of the net proceeds of the scheme during the opening ten year period.E+W+S
(2)In sub-paragraph (1) above, “the opening ten year period”, in relation to any charging scheme, means the period which—
(a)begins with the date on which the scheme comes into force; and
(b)ends with the tenth financial year that commences on or after that date.
(3)An order containing a charging scheme shall not come into force unless and until the statement required by sub-paragraph (1) above has been approved—
F949(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)if the scheme is a borough scheme, by the Authority.
F950(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F949Sch. 23 para. 19(3)(a) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(2), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F950Sch. 23 para. 19(4) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(2), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C197Sch. 23 para. 19: power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I143Sch. 23 para. 19 wholly in force at 3.7.2000; Sch. 23 para. 19 not in force at Royal Assent see s. 425(2); Sch. 23 para. 19 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
20(1)As long as a charging scheme remains in force, the charging authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare a written statement of their proposed general programme for applying the authority’s share of the net proceeds of the scheme during the next four financial years.E+W+S
(2)Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to—
F951(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in the case of a borough scheme, the Authority.
F952(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F953(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Any statement prepared and [F954(where so required)] approved under this paragraph in the case of a charging scheme prevails for all purposes over any conflicting provisions in the statement included in the scheme pursuant to paragraph 19 above.
Textual Amendments
F951Sch. 23 para. 20(2)(a) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(3)(a), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F952Sch. 23 para. 20(3) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(3)(a), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F953Sch. 23 para. 20(4) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(3)(a), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F954Words in Sch. 23 para. 20(5) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(3)(b), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C198Sch. 23 para. 20: power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwise prosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I144Sch. 23 para. 20 wholly in force at 3.7.2000; Sch. 23 para. 20 not in force at Royal Assent see s. 425(2); Sch. 23 para. 20 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
21(1)This paragraph applies in relation to a charging scheme which by virtue of paragraph 18(1) above includes provision for a portion of the net proceeds of the scheme (the “redistributed portion”) to be paid by the charging authority to another body.E+W+S
(2)The Authority shall prepare F955... a statement of the Authority’s general plan for the application (whether by the Authority or any other body) of the redistributed portion during the opening ten year period.
(3)In sub-paragraph (2) above, “the opening ten year period”, in relation to any charging scheme, means the period which—
(a)begins with the date on which the scheme comes into force; and
(b)ends with the tenth financial year that commences on or after that date.
F956(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F955Words in Sch. 23 para. 21(2) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(4)(a), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F956Sch. 23 para. 21(4) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(4)(b), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C199Sch. 23 para. 21: power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwise prosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I145Sch. 23 para. 21 wholly in force at 3.7.2000; Sch. 23 para. 21 not in force at Royal Assent see s. 425(2); Sch. 23 para. 21 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
22(1)As long as a charging scheme to which paragraph 21 above applies remains in force, the Authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare the statement described in sub-paragraph (2) below.E+W+S
(2)That statement is a written statement of the Authority’s proposed general programme for the application (whether by the Authority or any other body) of the redistributed portion of the net proceeds of the scheme during the next four financial years.
F957(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A statement prepared F958... under this paragraph for any scheme prevails for all purposes over any conflicting provisions in the statement prepared F958...under paragraph 21 above for that scheme.
Textual Amendments
F957Sch. 23 para. 22(3) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(5)(a), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F958Words in Sch. 23 para. 22(4) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(5)(b), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C200Sch. 23 para. 22: power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I146Sch. 23 para. 22 wholly in force at 3.7.2000; Sch. 23 para. 22 not in force at Royal Assent see s. 425(2); Sch. 23 para. 22 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
23(1)Except with the consent of the Secretary of State in any particular case, none of the charging authority’s share of the net proceeds of a charging scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 20 above having effect in relation to a period in which that year falls has been prepared and [F959(where so required)] approved under that paragraph.E+W+S
(2)Except with the consent of the Secretary of State in any particular case, none of the redistributed portion of the net proceeds of a charging scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 22 above having effect in relation to a period in which that year falls has been prepared F960... under that paragraph in relation to the scheme.
(3)In this paragraph, “the opening four year period”, in relation to any charging scheme, means the period which—
(a)begins with the date on which the scheme comes into force; and
(b)ends with the fourth financial year that commences on or after that date.
Textual Amendments
F959Words in Sch. 23 para. 23(1) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(6)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F960Words in Sch. 23 para. 23(2) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(6)(b), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C201Sch. 23 para. 23: power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I147Sch. 23 para. 23 wholly in force at 3.7.2000; Sch. 23 para. 23 not in force at Royal Assent see s. 425(2); Sch. 23 para. 23 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
24(1)Where a statement has been prepared and [F961(where so required)] approved under paragraph 20 or 22 above, the authority which prepared the statement may—E+W+S
(a)amend the statement, or
(b)replace it with another statement (a “replacement statement”),
but subject to the following provisions of this paragraph.
(2)Subject to the following provisions of this paragraph, where a charging scheme is in force—
(a)the charging authority may prepare a statement such as is described in paragraph 20(1) above, and
(b)if the charging scheme is one to which paragraph 21 above applies, the Authority may prepare a statement such as is described in paragraph 22(2) above,
at any time before the beginning of the first financial year for which a statement under paragraph 20 or, as the case may be, paragraph 22 above is required to be prepared in respect of the scheme.
(3)For the purposes of this paragraph—
(a)a “voluntary statement” is a statement prepared under sub-paragraph (2)(a) or (b) above,
(b)a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 20 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and
(c)a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 22 above F962...,
and references to statements under paragraph 20 or 22 above shall be construed accordingly.
(4)The power conferred by sub-paragraph (1)(b) or (2) above is exercisable—
(a)in the case of a statement under paragraph 20 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or
(b)in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.
(5)Where, in exercise of the powers conferred by this paragraph, an authority proposes—
(a)to amend or replace a statement prepared and [F963(where so required)] approved under paragraph 20 or 22 above, or
(b)to prepare a voluntary statement,
sub-paragraph (6) below applies.
(6)Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval—
F964(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)if the statement concerned or affected is one prepared in respect of a borough scheme by the charging authority, to the Authority.
F965(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)Where a statement prepared and [F966(where so required)] approved under paragraph 20 or 22 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and [F966(where so required)] approved, notwithstanding the amendment.
(9)A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).
(10)A replacement statement or voluntary statement prepared and [F967(where so required)] approved under this paragraph shall be taken for the purposes of this Schedule to be a statement F968...—
(a)[F969prepared and approved] under paragraph 20 above, if it was prepared in respect of a charging scheme by the charging authority; or
(b)[F970prepared] under paragraph 22 above, if it was prepared by the Authority.
(11)Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 20 or 22 above in respect of the charging scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.
Textual Amendments
F961Words in Sch. 23 para. 24(1) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F962Words in Sch. 23 para. 24(3)(c) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(b), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F963Words in Sch. 23 para. 24(5)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(c), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F964Sch. 23 para. 24(6)(a) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(d), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F965Sch. 23 para. 24(7) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(d), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F966Words in Sch. 23 para. 24(8) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(e), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F967Words in Sch. 23 para. 24(10) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(f)(i), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F968Words in Sch. 23 para. 24(10) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(f)(ii), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F969Words in Sch. 23 para. 24(10)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(f)(iii), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F970Word in Sch. 23 para. 24(10)(b) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 120(7)(f)(iv), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C202Sch. 23 para. 24: power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I148Sch. 23 para. 24 wholly in force at 3.7.2000; Sch. 23 para. 24 not in force at Royal Assent see s. 425(2); Sch. 23 para. 24 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
25(1)A person who, with intent to avoid payment of a charge imposed by a charging scheme or with intent to avoid being identified as having failed to pay such a charge,—E+W+S
(a)interferes with any equipment[F971, or with the functioning of any equipment,] used for or in connection with charging under a charging scheme, [F972or]
(b)causes or permits the registration plate of a motor vehicle to be obscured, [F973or
F973(c)makes or uses any false document,]
is guilty of an offence.
[F974(1A)A person who makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme or a penalty charge is guilty of an offence.]
(2)A person guilty of an offence under sub-paragraph (1) [F975or (1A)] above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
[F976(3)A person is guilty of an offence if he removes a penalty charge notice which has been fixed to a motor vehicle in accordance with regulations under paragraph 12 above unless—
(a)he is the registered keeper of the vehicle or a person using the vehicle with his authority; or
(b)he does so under the authority of the registered keeper or such a person or of the charging authority.
F976(4)A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.]
Textual Amendments
F971Words in Sch. 23 para. 25(1)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 115(4), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F972Word in Sch. 23 para. 25(1)(a) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 10(1)(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F973Sch. 23 para. 25(1)(c) and word “or” immediately preceding it repealed (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 274, 275(1), Sch. 13 para. 10(1)(2)(b), Sch. 31 Pt. III (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F974Sch. 23 para. 25(1A) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 10(1)(3) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F975Words in Sch. 23 para. 25(2) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 10(1)(4) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F976Sch. 23 para. 25(3)(4) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 10(1)(5) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Modifications etc. (not altering text)
C203Sch. 23 para. 25 modified (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 56(2)(b)
Commencement Information
I149Sch. 23 para. 25 wholly in force at 3.7.2000; Sch. 23 para. 25 not in force at Royal Assent see s. 425(2); Sch. 23 para. 25 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
26(1)Regulations may make provision conferring powers on prescribed persons for or in connection with—E+W+S
(a)examining a motor vehicle for the purpose of ascertaining whether any document required by a charging scheme to be displayed while a motor vehicle is on a road in a charging area is so displayed; or
(b)examining a motor vehicle for the purpose of ascertaining whether any equipment required by a charging scheme to be carried in or fitted to a motor vehicle while the vehicle is on a road in a charging area—
(i)is so carried or fitted,
(ii)is in proper working order, or
(iii)has been interfered with [F977with intent to avoid payment of, or [F978to avoid any person] being identified as having failed to pay, a charge],
or whether any conditions relating to the use of any such equipment are satisfied.
[F979(2)Regulations may make provision conferring power on any person authorised in writing by the charging authority to enter a motor vehicle where he has reasonable grounds for suspecting, in relation to a motor vehicle which is on a road, that—
(a)any equipment required to be carried in or fitted to the motor vehicle while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or [F980to avoid any person] being identified as having failed to pay, a charge imposed by the charging scheme; or
(b)there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or [F981to avoid any person] being identified as having failed to pay, such a charge.]
[F982(2A)The references in sub-paragraphs (1)(b)(iii) and (2)(a) to interfering with equipment include references to interfering with the functioning of it.]
[F983(3)A person who intentionally obstructs a person exercising any power conferred on him by virtue of sub-paragraph (2) above is guilty of an offence.
F983(4)A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to—
(a)a fine not exceeding level 5 on the standard scale, or
(b)imprisonment for a term not exceeding six months,
or to both.
F983(5)Regulations may make provision conferring power on any person authorised in writing by the charging authority to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under paragraph 25 above.]
Textual Amendments
F977Words in Sch. 23 para. 26(1)(b)(iii) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 11(1)(2) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F978Words in Sch. 23 para. 26(1)(b)(iii) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 115(5)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F979Sch. 23 para. 26(2) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 11(1)(3) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F980Words in Sch. 23 para. 26(2)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 115(5)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F981Words in Sch. 23 para. 26(2)(b) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 115(5)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F982Sch. 23 para. 26(2A) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 115(5)(b), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F983Sch. 23 para. 26(3)(4)(5) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 11(1)(4) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Modifications etc. (not altering text)
C204Sch. 23 para. 26 modified (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 56(2)(c)
Commencement Information
I150Sch. 23 para. 26 wholly in force at 3.7.2000; Sch. 23 para. 26 in force at Royal Assent for certain purposes see s. 425(2); Sch. 23 para. 26 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
27E+W+SRegulations may make provision for or in connection with—
(a)the fitting of immobilisation devices to motor vehicles;
[F984(aa)the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted;]
(b)the removal and storage of motor vehicles;
(c)the release of motor vehicles from immobilisation devices or from storage;
(d)requiring the satisfaction of conditions before the release of a motor vehicle [F985; and.
(e)the sale or destruction of motor vehicles not released.
(2)A person who removes or interferes with an immobilisation notice in contravention of provision made by virtue of sub-paragraph (1) above is guilty of an offence.
(3)A person who removes or attempts to remove an immobilisation device fixed to a motor vehicle in accordance with provision made by virtue of sub-paragraph (1) above in contravention of such provision is guilty of an offence.
(4)A person who intentionally obstructs a person exercising any power conferred on him by provision made by virtue of sub-paragraph (1) above is guilty of an offence.
(5)A person guilty of an offence under sub-paragraph (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(6)A person guilty of an offence under sub-paragraph (3) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.]
Textual Amendments
F984Sch. 23 para. 27(aa) inserted (E.W.) (1.2.2001 (E.) otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 12(1)(2) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F985Sch. 23 para. 27(1)(e)(2)-(6) and the words “; and” immediately preceding sub-para. (1)(e) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 12(1)(3) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Modifications etc. (not altering text)
C205Sch. 23 para. 27 modified (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 56(2)(d)
Commencement Information
I151Sch. 23 para. 27 wholly in force at 3.7.2000; Sch. 23 para. 27 in force at Royal Assent for certain purposes see s. 425(2); Sch. 23 para. 27 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
28E+W+S[F986The Lord Chancellor may by regulations] make provision for or in connection with—
(a)the determination of disputes;
(b)appeals against determinations or any failure to make a determination;
(c)the appointment of persons to hear any such appeals.
Textual Amendments
F986Words in Sch. 23 para. 28 substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 13 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I152Sch. 23 para. 28 wholly in force at 3.7.2000; Sch. 23 para. 28 in force at Royal Assent for certain purposes see s. 425(2); Sch. 23 para. 28 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Textual Amendments
F987Sch. 23 para. 29 heading substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(8), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
29(1)No equipment of a description specified in a direction under this paragraph given by the Authority to Transport for London and every London borough council may be used in connection with a charging scheme unlessE+W+S
[F988(a)]the equipment is of a type approved by the Authority[F989, or
(b)the equipment is used in accordance with directions given by the Authority.]
(2)Where the Secretary of State considers that—
(a)equipment of any particular description used in connection with a charging scheme (“the non-standard equipment”) is incompatible with a national standard for equipment of that or any other description, and
(b)the incompatibility is detrimental to the interests of persons resident in England outside Greater London,
he may give notice of that fact to the Authority.
(3)Where the Secretary of State has given notice under sub-paragraph (2) above to the Authority, the non-standard equipment may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.
[F990(3A)Where the Secretary of State considers that—
(a)directions under sub-paragraph (1)(b) above regarding the use of equipment in connection with a charging scheme are incompatible with regulations under section 176(2)(b) of the Transport Act 2000, and
(b)the incompatibility is detrimental to the interests of persons resident in England outside Greater London,
he may give notice of that fact to the Authority.
(3B)Where the Secretary of State has given notice under sub-paragraph (3A) above to the Authority, the equipment in question may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.]
(4)Any authorisation under sub-paragraph (3) [F991or (3B)] above may be given subject to conditions.
(5)Any authorisation under sub-paragraph (3) [F992or (3B)] above, and any conditions under sub-paragraph (4) above, may be varied or revoked.
(6)In this paragraph “national standard” means any standard approved by the Secretary of State by regulations [F993under section 176(2) of the Transport Act 2000.].
Textual Amendments
F988Words in Sch. 23 para. 29(1) renumbered as Sch. 23 para. 29(1)(a) (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(5)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F989Sch. 23 para. 29(1)(b) and words inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(5)(b), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F990Sch. 23 para. 29(3A)(3B) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(6), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F991Words in Sch. 23 para. 29(4) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(7), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F992Words in Sch. 23 para. 29(5) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(7), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F993Words in Sch. 23 para. 29(6) substituted (E.W.) (1.2.2001 (E.) and otherwise prosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 14 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I153Sch. 23 para. 29 wholly in force at 3.7.2000; Sch. 23 para. 29 not in force at Royal Assent see s. 425(2); Sch. 23 para. 29 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
30E+W+S[F994The Lord Chancellor may by regulations] make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Schedule, or proceedings in respect of a failure to comply with the provisions of a charging scheme, to be given by the production of—
(a)a record produced by a prescribed device; and
(b)a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a prescribed person.
Textual Amendments
F994Words in Sch. 23 para. 30 substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 15 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Modifications etc. (not altering text)
C206Sch. 23 para. 30 modified (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 56(2)(e)
Commencement Information
I154Sch. 23 para. 30 wholly in force at 3.7.2000; Sch. 23 para. 30 in force at Royal Assent for certain purposes see s. 425(2); Sch. 23 para. 30 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
31E+W+SA charging scheme may not authorise or require—
(a)the imposition of charges in respect of a motor vehicle by reference to its presence in a charging area at a time at which the vehicle is not on a road;
(b)the examination, for any purpose relating to or connected with this Schedule, regulations or a charging scheme, of a motor vehicle found in a charging area at a time at which the vehicle is not on a road; or
(c)the fitting of an immobilisation device to, or the removal of, a motor vehicle found in a charging area at a time at which the vehicle is not on a road.
Modifications etc. (not altering text)
C207Sch. 23 para. 31 excluded (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 6(1)
Commencement Information
I155Sch. 23 para. 31 wholly in force at 3.7.2000; Sch. 23 para. 31 not in force at Royal Assent see s. 425(2); Sch. 23 para. 31 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
32E+W+SThe Authority, Transport for London or a London borough council may—
(a)incur expenditure in or in connection with the establishment or operation of a charging scheme; or
(b)enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a charging scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a charging scheme.
Commencement Information
I156Sch. 23 para. 32 wholly in force at 3.7.2000; Sch. 23 para. 32 not in force at Royal Assent see s. 425(2); Sch. 23 para. 32 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
33(1)The Authority may give to any London borough council general or specific directions requiring the council to exercise, in such manner as may be specified in the directions,—E+W+S
(a)any of the council’s powers under this Schedule; or
(b)for purposes connected with a charging scheme made by that council or any other authority, any of the council’s powers under any other enactment relating to the management or control of traffic.
(2)A London borough council shall comply with any directions given to the council by the Authority.
Commencement Information
I157Sch. 23 para. 33 wholly in force at 3.7.2000; Sch. 23 para. 33 not in force at Royal Assent see s. 425(2); Sch. 23 para. 33 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
34(1)The Authority may issue guidance to Transport for London or any London borough council in relation to the discharge of their functions under this Schedule.E+W+S
(2)Transport for London or a London borough council in exercising any function under this Schedule shall have regard to any guidance issued by the Authority under this paragraph.
[F995(3)Guidance issued under this paragraph shall be published in such manner as the Authority consider appropriate; and the Authority may at any time vary or revoke such guidance.]
Textual Amendments
F995Sch. 23 para. 34(3) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 16 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I158Sch. 23 para. 34 wholly in force at 3.7.2000; Sch. 23 para. 34 not in force at Royal Assent see s. 425(2); Sch. 23 para. 34 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Textual Amendments
F996Sch. 23 para. 34A and cross-heading preceding it inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 17 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F99734A(1)Information obtained by—E+W+S
(a)any Minister of the Crown or government department, or
(b)any local authority or other statutory body,
may be disclosed to [F998Transport for London or a London borough council for or in connection with the performance or proposed performance of any of their functions under this Schedule or with respect to a charging scheme or proposed charging scheme ].
[F999(2)Information obtained by Transport for London or a London borough council for or in connection with their functions other than their functions under this Schedule may be used by them for or in connection with the performance or proposed performance of any of their functions under this Schedule or with respect to a charging scheme or proposed charging scheme.]
(3)Any information—
(a)which has been or could be disclosed to a charging authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a charging scheme, or
(b)which has been or could be used by an authority by virtue of sub-paragraph (2) above for or in connection with the exercise of any of those functions,
may be disclosed to any person with whom the authority has entered into arrangements under paragraph 32(b) above.
(4)Information disclosed to a person under sub-paragraph (3) above—
(a)may be disclosed to any other person for or in connection with the charging scheme; but
(b)may not be used (by him or any other person to whom it is disclosed under paragraph (a) above) otherwise than for or in connection with the charging scheme.]
[F1000(5)The Secretary of State may charge a reasonable fee in respect of the cost of supplying information under sub-paragraph (1) or (3).
(6)Where Transport for London or a London borough council asks the Secretary of State to obtain overseas registration information from an overseas registration authority with a view to the Secretary of State disclosing that information under sub-paragraph (1) or (3), the Secretary of State may charge a reasonable fee in respect of the cost of obtaining, or seeking to obtain, the information.
(7)In this paragraph—
“overseas registration authority” means any authority of a country or territory outside the United Kingdom with responsibility under the law of that country or territory for maintaining a register of vehicles;
“overseas registration information” means information derived from particulars contained in a register of vehicles that is maintained by an overseas registration authority.]
Textual Amendments
F997Sch. 23 para. 34A and cross-heading preceding it inserted (E.W.) (1.2.2001 (E.) and otherwise prosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 17 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F998Words in Sch. 23 para. 34A(1) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 118(7), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F999Sch. 23 para. 34A(2) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 118(8), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F1000Sch. 23 paras. 34A(5)-(7) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 118(9), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Textual Amendments
F1001Sch. 23 para. 34B and cross-heading inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 117(2), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
34B(1)The Secretary of State may direct—E+W
(a)Transport for London,
(b)any London borough council, or
(c)the Authority,
to provide the Secretary of State, within a specified period, with specified information connected with any aspect of the performance or proposed performance of their functions under this Schedule.
(2)The information that may be specified in such a direction must be information which the body have in their possession or can reasonably be expected to acquire.
(3)A direction under this section may be given to two or more of the bodies mentioned in sub-paragraph (1) or to such of those bodies as are specified in the direction.]
35(1)This Schedule applies in relation to Crown roads as it applies in relation to other roads.E+W+S
(2)In sub-paragraph (1) above “Crown road” has the same meaning as in section 131 of the M427Road Traffic Regulation Act 1984.
Commencement Information
I159Sch. 23 para. 35 wholly in force at 3.7.2000; Sch. 23 para. 35 not in force at Royal Assent see s. 425(2); Sch. 23 para. 35 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Marginal Citations
36(1)Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and charging schemes made under it shall bind the Crown.E+W+S
(2)No contravention by the Crown of any provision of this Schedule or of any regulations or charging scheme made under it shall make the Crown criminally liable; but the High Court may, on the application of a charging authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3)Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and charging schemes made under it shall apply to motor vehicles or persons in the public service of the Crown as they apply to other motor vehicles or persons.
(4)No power of entry conferred by this Schedule or regulations made under it shall be exercisable in relation to any motor vehicle in the public service of the Crown.
(5)Nothing in this paragraph shall be taken as in any way affecting Her Majesty in her private capacity; and this sub-paragraph shall be construed as if section 38(3) of the M428Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
Commencement Information
I160Sch. 23 para. 36 wholly in force at 3.7.2000; Sch. 23 para. 36 not in force at Royal Assent see s. 425(2); Sch. 23 para. 36 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Marginal Citations
37E+W+SA charging scheme shall state whether or not it is to remain in force indefinitely and, if it is not to remain in force indefinitely, shall state the period for which it is to remain in force.
Commencement Information
I161Sch. 23 para. 37 wholly in force at 3.7.2000; Sch. 23 para. 37 not in force at Royal Assent see s. 425(2); Sch. 23 para. 37 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
38E+W+SThe power to make a charging scheme includes power [F1002, exercisable in the same manner, and subject to the same conditions and limitations,] to vary or revoke such a scheme [F1003; and paragraph 4 above (apart from sub-paragraphs (3)(f) and (6)) applies in relation to the variation or revocation of a charging scheme as to the making of a charging scheme.].
Textual Amendments
F1002Words in Sch. 23 para. 38 repealed (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 274, 275(1), Sch. 13 para. 18(a), Sch. 31 Pt. III (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1003Words in Sch. 23 para. 38 inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 18(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I162Sch. 23 para. 38 wholly in force at 3.7.2000; Sch. 23 para. 38 in force at Royal Assent for certain purpsoes see s. 425(2); Sch. 23 para. 38 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Section 296.
1(1)In this Schedule, except where the context otherwise requires—E+W+S
“borough scheme” means any licensing scheme other than a TfL scheme;
“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing;
“controlled vehicle” shall be construed in accordance with paragraph 5 below (but subject to any provision made by, or by regulations made by virtue of, any other provision of this Schedule);
“employed” means employed under a contract of employment;
“employee” means a person employed under a contract of employment;
“licence” means a licence authorising the parking of a maximum number of controlled vehicles at any one time in parking places provided at the licensed premises [F1004by the occupier of those premises]; and “licensed unit” means each unit comprised in that maximum number;
“licensed premises”, in the case of any licence, means the premises to which the licence relates;
“licensing area” means an area to which a licensing scheme applies;
“licensing authority” means an authority which is the maker of a licensing scheme;
“licensing scheme” means a scheme for the licensing of persons providing workplace parking places at premises in an area designated in the scheme;
“motor vehicle” has the same meaning as in section 295 of this Act;
“net proceeds”, in relation to a licensing scheme [F1005and a financial year, means the amount (if any) by which—
(a)the amounts received under or in connection with the scheme which are attributable to the financial year, exceed
(b)the expenses incurred for or in connection with the scheme which are so attributable;]
[F1006“occupier”, in relation to any premises, means the person who is the occupier for the purposes of non-domestic rates;]
“penalty charge” has the same meaning as in paragraph 18 below;
“penalty charge notice” means notice of a penalty charge;
“prescribed” means specified in, or determined in accordance with, regulations;
“regulations” means [F1007(except where otherwise provided)]regulations made by the Secretary of State;
“relevant transport purpose” means any purpose which directly or indirectly facilitates the implementation of any policies or proposals set out in the Mayor’s transport strategy;
“TfL scheme” means a licensing scheme made by Transport for London;
“workplace parking place” means a parking place provided and occupied as mentioned in paragraph 3 below.
[F1008(2)For the purposes of this Schedule—
(a)the amounts received under or in connection with a licensing scheme, and
(b)the expenses incurred for or in connection with such a scheme,
and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.]
(3)Any reference in this Schedule to a class of motor vehicles is a reference to a class defined or described by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever.
(4)For the purposes of this Schedule—
(a)the City of London shall be treated as if it were a London borough;
(b)the Common Council shall be treated as if it were the council for a London borough; and
(c)the Inner Temple and the Middle Temple shall be treated as forming part of the City.
Textual Amendments
F1004Sch. 24 para. 1(1): words in definition of
“licence”
repealed (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 274, 275(1), Sch. 13 paras. 19, 20(1)(2), Sch. 31 Pt. III (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1005Sch. 24 para. 1(1): words in definition of
“net proceeds”
and sub. (a)(b) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) for words by 2000 c. 38, ss. 199, 275(1), Sch. 13 paras. 19, 20(1)(3) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1006Sch. 24 para. 1(1): definition of
“occupier”
repealed (E.W.) (1.2.2001 (E.) otherwise andprosp.) by 2000 c. 38, ss. 199, 274, 275(1), Sch. 13 paras. 19, 20(1)(4), Sch. 31 Pt. III (with s. 196)
F1007Sch. 24 para. 1(1): words in definition of
“regulations”
inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 paras. 19, 20(1)(5) (with s. 196)
F1008Sch. 24 para. 1(2) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 paras. 19, 20(1)(6) (with s. 196)
Commencement Information
I163Sch. 24 para. 1 wholly in force at 3.7.2000; Sch. 24 para. 1 in force at Royal Assent for certain purposes see s. 425(2); Sch. 24 para. 1 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
2E+W+SAny functions conferred or imposed on the Authority by or under this Schedule are exercisable by the Mayor acting on behalf of the Authority.
Commencement Information
I164Sch. 24 para. 2 wholly in force at 3.7.2000; Sch. 24 para. 2 in force at Royal Assent for certain purposes see s. 425(2); Sch. 24 para. 2 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
3(1)For the purposes of this Schedule and section 296 of this Act, [F1009a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time] occupied by a motor vehicle used—E+W+S
(a)by a relevant person, or
(b)by an employee, agent, supplier, business customer or business visitor of a relevant person, or
(c)by a pupil or student attending a course of education or training provided by a relevant person, or
[F1010(d)where a body whose affairs are controlled by its members is a relevant person, by a member of the body engaged in the carrying on of any business of the body,]
for attending a place at which the relevant person carries on business at or in the vicinity of the premises.
(2)In this paragraph “relevant person” means—
(a)the person who provides the parking place in question;
(b)any other person with whom that person has entered into arrangements to provide the parking place (whether or not for that other person’s own use); or
(c)any person who is associated with a person who falls within paragraph (a) or (b) above.
(3)For the purposes of sub-paragraph (2)(c) above any two persons are “associated” if and only if—
(a)one is a company of which the other (directly or indirectly) has control; or
(b)both are companies of which a third person (directly or indirectly) has control.
(4)For the purposes of this paragraph—
“business” includes—
any trade, profession, vocation or undertaking;
the functions of any office holder;
the provision of any course of education or training; and
the functions of, or any activities carried on by, a government department, local authority or other statutory body;
“business customer”, in relation to a relevant person, means a client or customer of the relevant person who is attending at the premises of the relevant person for the purposes of a business carried on by that client or customer;
“business visitor”, in relation to a relevant person, means an individual who—
in the course of his employment, or
in the course of carrying on a business or for the purposes of a business carried on by him,
is visiting the relevant person or any premises whose occupier is the relevant person;
“supplier”, in relation to a relevant person, means—
a person supplying, or seeking to supply, goods or services to the relevant person for the purposes of a business carried on by the relevant person; or
any agent or sub-contractor of such a person.
Textual Amendments
F1009Words in Sch. 24 para. 3(1) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 21(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1010Sch. 24 para. 3(1)(d) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 21(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I165Sch. 23 para. 3 wholly in force at 3.7.2000; Sch. 24 para. 3 not in force at Royal Assent see s. 425(2); Sch. 24 para. 3 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
4E+W+SThe Secretary of State may by regulations amend paragraph 3 above for the purpose of adding, removing or varying cases where, for the purposes of this Schedule and section 296 of this Act, a person provides a workplace parking place.
Commencement Information
I166Sch. 24 para. 4 wholly in force at 3.7.2000; Sch. 24 para. 4 in force at Royal Assent for certain purposes see s. 425(2); Sch. 24 para. 4 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
5E+W+SWhere the provision of a parking place for a motor vehicle by a person at any premises constitutes the provision of a workplace parking place, then, for the purposes of this Schedule, the vehicle is a “controlled vehicle” as respects that person and those premises, subject to any exemption conferred by a licensing scheme.
Commencement Information
I167Sch. 24 para. 5 wholly in force at 3.7.2000; Sch. 24 para. 5 not in force at Royal Assent see s. 425(2); Sch. 24 para. 5 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
6E+W+SA licensing scheme may only be made if it appears desirable or expedient for the purpose of directly or indirectly facilitating the implementation of any policies or proposals set out in the Mayor’s transport strategy.
Commencement Information
I168Sch. 24 para. 6 wholly in force at 3.7.2000; Sch. 24 para. 6 not in force at Royal Assent see s. 425(2); Sch. 24 para. 6 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
7(1)Any licensing scheme must be contained in an order—E+W+S
(a)made under this Schedule by the authority making the scheme; and
(b)submitted to, and confirmed (with or without modification) by, the Authority.
(2)An order containing a licensing scheme shall be in such form as the Authority may determine.
(3)The Authority may—
(a)consult, or require an authority making a licensing scheme to consult, other persons;
[F1011(aa)require such an authority to publish its proposals for the scheme and to consider objections to the proposals;]
(b)hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a licensing scheme;
(c)appoint the person or persons by whom any such inquiry is to be held;
(d)make modifications to any such order, whether in consequence of any objections or otherwise, before the order takes effect;
[F1012(da)require the authority by whom any such order is made to publish notice of the order and of its effect.]
[F1013(e)require any such order to include such exemptions for such purposes as the Authority may determine.]
[F1014(4)Subsections (2) and (3) of section 250 of the M429Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3)(b) above.
F1014(5)Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a licensing scheme—
(a)the costs of the inquiry shall be paid by the licensing authority; and
(b)the parties at the inquiry shall bear their own costs.]
Textual Amendments
F1011Sch. 24 para. 7(3)(aa) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 22(1)(2) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1012Sch. 24 para. 7(3)(da) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 22(1)(3) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1013Sch. 24 para. 7(3)(e) repealed (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 274, 275(1), Sch. 13 para. 22(1)(4), Sch. 31 Pt. III (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1014Sch. 24 para. 7(4)(5) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 22(1)(5) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I169Sch. 24 para. 7 wholly in force at 3.7.2000; Sch. 24 para. 7 not in force at Royal Assent see s. 425(2); Sch. 24 para. 7 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Marginal Citations
8E+W+SA licensing scheme must be in conformity with the Mayor’s transport strategy.
Commencement Information
I170Sch. 24 para. 8 wholly in force at 3.7.2000; Sch. 24 para. 8 not in force at Royal Assent see s. 425(2); Sch. 24 para. 8 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
9E+W+SThe approval of the Authority must be obtained before there is included in a borough scheme any provision of a description specified in a direction under this paragraph given by the Authority to the London borough councils.
Commencement Information
I171Sch. 24 para. 9 wholly in force at 3.7.2000; Sch. 24 para. 9 not in force at Royal Assent see s. 425(2); Sch. 24 para. 9 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
10(1)The Authority may authorise or require two or more London borough councils acting jointly to make a licensing scheme applying to the whole or part of their combined areas (a “joint licensing scheme”).E+W+S
(2)In the application of this Schedule in relation to a joint licensing scheme, any reference to the licensing authority is a reference to all or any of the London borough councils concerned.
Commencement Information
I172Sch. 24 para. 10 wholly in force at 3.7.2000; Sch. 24 para. 10 not in force at Royal Assent see s. 425(2); Sch. 24 para. 10 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
11E+W+SA licensing scheme must—
(a)designate the area to which it applies;
(b)state the days on which, and hours during which, the authorisation of a licence is required;
(c)specify the rates of charge applicable in respect of licences.
Commencement Information
I173Sch. 24 para. 11 wholly in force at 3.7.2000; Sch. 24 para. 11 not in force at Royal Assent see s. 425(2); Sch. 24 para. 11 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
12E+W+SThe same premises shall not be subject to more than one licensing scheme at the same time.
Commencement Information
I174Sch. 24 para. 12 wholly in force at 3.7.2000; Sch. 24 para. 12 not in force at Royal Assent see s. 425(2); Sch. 24 para. 12 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
13(1)The rates of charge applicable in respect of licences shall be expressed as a specified sum of money for each licensed unit.E+W+S
(2)The rates of charge that may be imposed by a licensing scheme include different charges (which may be no charge) for—
(a)different days;
(b)different times of day;
(c)different parts of a licensing area;
(d)different classes of controlled vehicles;
(e)different numbers of licensed units.
(3)In setting the rates of charge, regard may be had to the purposes for which the licensing authority is to apply the net proceeds of the scheme.
Commencement Information
I175Sch. 24 para. 13 wholly in force at 3.7.2000; Sch. 24 para. 13 not in force at Royal Assent see s. 425(2); Sch. 24 para. 13 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
14(1)A licence under a licensing scheme must—E+W+S
(a)state the name of the person to whom it is granted;
(b)identify the premises to which it relates;
(c)specify the maximum number of controlled vehicles which may be parked at those premises at any one time; and
(d)state the amount paid in respect of the licence and set out the calculation of that amount.
(2)A licence may be granted subject to conditions.
Commencement Information
I176Sch. 24 para. 14 wholly in force at 3.7.2000; Sch. 24 para. 14 not in force at Royal Assent see s. 425(2); Sch. 24 para. 14 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
F1015[15E+W+SA licence may not be granted for a period of more than one year.]
Textual Amendments
F1015Sch. 24 para. 15 substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 23 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I177Sch. 24 para. 15 partly in force; Sch. 24 para. 15 not in force at Royal Assent see s. 425(2); Sch. 24 para. 15 in force for certain purposes at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
16F1016(1) A licensing scheme may include provision for or in connection with—E+W+S
(a)the making of an application for a licence;
(b)the grant of a licence (which must be for the licensed units applied for);
(c)the issue of a licence;
(d)the variation or revocation of a licence.
[F1017(2)A person who intentionally provides false or misleading information in or in connection with an application for a licence is guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.]
Textual Amendments
F1016Sch. 24 para. 16 renumbered as 16(1) (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 24 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1017Sch. 24 para. 16(2) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 24 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I178Sch. 24 para. 16 wholly in force at 3.7.2000; Sch. 24 para. 16 not in force at Royal Assent see s. 425(2); Sch. 24 para. 16 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
17(1)The Secretary of State may by regulations make provision for or in connection with exempting—E+W+S
(a)a prescribed number of parking places provided at any premises from being workplace parking places, or
(b)any prescribed class of motor vehicles from being controlled vehicles,
whether generally or in the case of any prescribed description of premises or any prescribed description of disabled or other persons.
(2)The Secretary of State may by regulations make provision for or in connection with—
(a)exemptions from licensing,
(b)the application of reduced rates of charges for licences, or
(c)the imposition of limits on the charges payable for a licence,
in the case of any prescribed description of premises or any prescribed description of disabled or other persons or, in the case of paragraph (b) or (c) above, any prescribed class of motor vehicles.
(3)Subject to any regulations under sub-paragraph (1) or (2) above [F1018and to paragraphs 7 and 9 above], a licensing scheme may make provision exempting—
(a)a specified number of parking places provided at any premises from being workplace parking places, or
(b)any class of motor vehicles from being controlled vehicles,
whether generally or in relation to persons or premises of a particular description.
(4)Subject to any regulations under sub-paragraph (1) or (2) above [F1018and to paragraphs 7 and 9 above], a licensing scheme may make provision for or in connection with—
(a)exemptions from licensing,
(b)the application of reduced rates of charges for licences, or
(c)the imposition of limits on the charges payable for a licence,
in the case of any particular description of persons or premises or, in the case of paragraph (b) or (c) above, any particular class of motor vehicles.
Textual Amendments
F1018Words in Sch. 24 para. 17(3)(4) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 25 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I179Sch. 24 para. wholly in force at 3.7.2000; Sch. 24 para. 17 not in force at Royal Assent see s. 425(2); Sch. 24 para. 17 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
18(1)Regulations may make provision for or in connection with the imposition [F1019and payment] of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with a licensing scheme.E+W+S
(2)Regulations under sub-paragraph (1) above may make provision for or in connection with setting the rates of penalty charges (which may include provision for discounts or surcharges).
[F1020(3)The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.]
Textual Amendments
F1019Words in Sch. 24 para. 18(1) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 26(1)(2) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1020Sch. 24 para. 18(3) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 26(1)(3) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I180Sch. 24 para. 18 partly in force; Sch. 24 para. 18 in force at Royal Assent for certain purposes see s. 425(2); Sch. 24 para. 18 in force for certain further purposes at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
[F102119E+W+SCharges imposed in respect of any premises by a licensing scheme (including penalty charges imposed in respect of any premises) shall be paid—
(a)by the occupier of the premises; or
(b)in prescribed circumstances, by such person as is prescribed.]
Textual Amendments
F1021Sch. 24 para. 19 substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 27 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
20E+W+S[F1022The Lord Chancellor may by regulations] make provision for or in connection with—
(a)appeals against decisions relating to licences or in the case of a failure to make such a decision;
(b)the determination of disputes;
(c)appeals against determinations of disputes or in the case of a failure to make such a determination;
(d)the appointment of persons to hear appeals.
Textual Amendments
F1022Words in Sch. 24 para. 20 substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 28 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I181Sch. 24 para. 20 wholly in force at 3.7.2000; Sch. 24 para. 20 in force at Royal Assent for certain purposes see s. 425(2); Sch. 24 para. 20 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
21(1)A licensing authority shall keep an account [F1023relating to] each of the authority’s licensing schemes.E+W+S
(2)Each of the following bodies, namely—
(a)the Authority,
(b)Transport for London, and
(c)a London borough council,
shall keep an account [F1023relating to] the sums received by the body which represent net proceeds of licensing schemes for which the body is not the licensing authority.
(3)[F1024Each] of the bodies required to keep an account under sub-paragraph (1) or (2) above shall prepare a statement of that account for [F1024each financial year].
(4)A statement of account required to be prepared under sub-paragraph (3) above for any financial year shall be published—
(a)in the case of a statement of account prepared by Transport for London, in the annual report of Transport for London under section 161 of this Act for that year;
(b)in any other case, in the annual accounts for that year of the body which prepared the statement of account.
[F1025(4A)Regulations may make further provision relating to—
(a)accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one licensing scheme); and
(b)the preparation and publication of statements of such accounts.]
(5)At the end of each financial year—
(a)any deficit in an account required to be kept under sub-paragraph (1) or (2) above shall be made good out of the body’s general fund; and
(b)any surplus in any such account [F1026(after the application of any of the net proceeds in accordance with the following provisions)]shall be dealt with in accordance with sub-paragraphs (6) and (7) below.
(6)Any such surplus shall be applied towards making good to the general fund any amount charged to that fund under sub-paragraph (5)(a) above in respect of the account in question in the ten years immediately preceding the financial year in question.
(7)So much of any surplus as remains after the application of sub-paragraph (6) above shall be carried forward in the account in question to the next financial year.
(8)In the application of this paragraph in relation to Transport for London, any reference to its general fund shall be taken as a reference to its gross income.
Textual Amendments
F1023Words in Sch. 24 para. 21(1)(2) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 29(2) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1024Words in Sch. 24 para. 21(3) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 12 para. 29(3)(a)(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1025Sch. 24 para. 21(4A) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 28(4) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1026Words in Sch. 24 para. 21(5)(b) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 29(5) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I182Sch. 24 para. 21 wholly in force at 3.7.2000; Sch. 24 para. 21 not in force at Royal Assent see s. 425(2); Sch. 24 para. 21 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
22(1)In the case of any licensing scheme which comes into force during the period of ten years beginning with the inception of the Authority, the net proceeds of the scheme shall, during the scheme’s initial period, be available only for application for relevant transport purposes by any one or more of the following bodies, namely—E+W+S
(a)the Authority;
(b)Transport for London; or
(c)a London borough council.
(2)Except as provided by sub-paragraph (1) above, the net proceeds of a licensing scheme shall be applied only as may be specified in, or determined in accordance with, regulations under this sub-paragraph.
(3)Regulations under sub-paragraph (2) above may include provision conferring a discretion on any body or person.
(4)The provision that may be made by regulations under sub-paragraph (2) above includes provision for sub-paragraph (1) above to continue to apply, but with the substitution for the number of years for the time being there mentioned of a number of years greater than ten.
(5)The net proceeds of licensing schemes may only be applied for purposes which provide value for money.
(6)Sub-paragraphs (1) to (5) above are without prejudice to paragraph 21(6) above.
(7)In this paragraph—
“the inception of the Authority” means the commencement of the term of office of the Mayor and Assembly members returned at the first ordinary election;
“the initial period”, in the case of any licensing scheme, means—
the period of ten years beginning with the coming into force of the scheme; or
such longer period as the Secretary of State may allow in the case of any particular scheme.
Modifications etc. (not altering text)
C208Sch. 24 para. 22 power to apply (with modifications) conferred (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I183Sch. 24 para. 22 wholly in force at 3.7.2000; Sch. 24 para. 22 in force at Royal Assent for certain purposes see s. 425(2); Sch. 24 para. 22 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
23(1)Before making any regulations under paragraph 22(2) above, the Secretary of State shall make an assessment of what he considers to be—E+W+S
(a)the likely amounts of net proceeds of licensing schemes; and
(b)the potential for spending such net proceeds on relevant transport purposes which provide value for money.
(2)Before making any such regulations, the Secretary of State shall consult the Authority.
(3)The Secretary of State may issue guidance to the Authority, Transport for London and the London borough councils with respect to the appraisal of whether any application of net proceeds of a licensing scheme for any purpose provides value for money.
(4)In determining how to apply the net proceeds of licensing schemes, the Authority, Transport for London and any London borough council shall comply with any guidance issued by the Secretary of State under sub-paragraph (3) above.
(5)The Secretary of State may at any time vary the guidance under sub-paragraph (3) above.
(6)In determining for the purposes of paragraph 22 above when the initial period there mentioned begins or expires in the case of any licensing scheme, regulations may make provision as to circumstances in which—
(a)the same licensing scheme is to be regarded as continuing in force, notwithstanding the making of amendments or the revocation and replacement (with or without modifications) of a scheme; or
(b)a different scheme is, or is not, to be regarded as coming into force.
Modifications etc. (not altering text)
C209Sch. 24 para. 23 power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I184Sch. 24 para. 23 wholly in force at 3.7.2000; Sch. 24 para. 23 in force at Royal Assent for certain purposes see s. 425(2); Sch. 24 para. 23 in force for certain further purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
24(1)The Authority may require a licensing scheme to include provision for such portion of the net proceeds as the Authority may determine to be paid to—E+W+S
(a)the Authority,
(b)Transport for London, or
(c)such London borough councils as may be specified or described by the Authority,
for application for relevant transport purposes.
(2)In this Schedule, any reference to a licensing authority’s share of the net proceeds of a licensing scheme is a reference to so much of the net proceeds of the scheme as remains after the making of any payments to other bodies or persons required by virtue of sub-paragraph (1) above or regulations under paragraph 22(2) above.
(3)For the purposes of this Schedule, the payment by the Authority of a sum received by the Authority by virtue of sub-paragraph (1) above to any body corporate for the purpose of the application of that sum by that body for relevant transport purposes shall be taken to be the application of that sum by the Authority for relevant transport purposes.
Modifications etc. (not altering text)
C210Sch. 24 para. 24 power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I185Sch. 24 para. 24 wholly in force at 3.7.2000; Sch. 24 para. 24 not in force at Royal Assent see s. 425(2); Sch. 24 para. 24 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
25(1)A licensing scheme must include a statement of the licensing authority’s proposed general plan for applying the authority’s share of the net proceeds of the scheme during the opening ten year period.E+W+S
(2)In sub-paragraph (1) above, “the opening ten year period”, in relation to any licensing scheme, means the period which—
(a)begins with the date on which the scheme comes into force; and
(b)ends with the tenth financial year that commences on or after that date.
(3)An order containing a licensing scheme shall not come into force unless and until the statement required by sub-paragraph (1) above has been approved—
(a)by the Secretary of State; and
(b)if the scheme is a borough scheme, by the Authority.
(4)In the case of a borough scheme, an application for approval under sub-paragraph (3)(a) above may only be made—
(a)by the Authority acting on behalf of the licensing authority; and
(b)after the giving by the Authority of the approval required by sub-paragraph (3)(b) above.
Modifications etc. (not altering text)
C211Sch. 24 para. 25 power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) andprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I186Sch. 24 para. 25 wholly in force at 3.7.2000; Sch. 24 para. 25 not in force at Royal Assent see s. 425(2); Sch. 24 para. 25 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
26(1)As long as a licensing scheme remains in force, the licensing authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare a written statement of their proposed general programme for applying the authority’s share of the net proceeds of the scheme during the next four financial years.E+W+S
(2)Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to—
(a)the Secretary of State; and
(b)in the case of a borough scheme, the Authority.
(3)Any statement required to be submitted to the Secretary of State under sub-paragraph (2)(a) above must be so submitted not less than six months before the end of the financial year during which the statement is required to be prepared.
(4)In the case of a borough scheme, any submission to the Secretary of State under sub-paragraph (2)(a) above may only be made—
(a)by the Authority acting on behalf of the licensing authority; and
(b)after the giving by the Authority of the approval required by sub-paragraph (2)(b) above.
(5)Any statement prepared and approved under this paragraph in the case of a licensing scheme prevails for all purposes over any conflicting provisions in the statement included in the scheme pursuant to paragraph 25 above.
Modifications etc. (not altering text)
C212Sch. 24 para. 26 power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I187Sch. 24 para. 26 wholly in force at 3.7.2000; Sch. 24 para. 26 not in force at Royal Assent see s. 425(2); Sch. 24 para. 26 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
27(1)This paragraph applies in relation to a licensing scheme which by virtue of paragraph 24(1) above includes provision for a portion of the net proceeds of the scheme (the “redistributed portion”) to be paid by the licensing authority to another body.E+W+S
(2)The Authority shall prepare and submit to the Secretary of State a statement of the Authority’s general plan for the application (whether by the Authority or any other body) of the redistributed portion during the opening ten year period.
(3)In sub-paragraph (2) above, “the opening ten year period”, in relation to any licensing scheme, means the period which—
(a)begins with the date on which the scheme comes into force; and
(b)ends with the tenth financial year that commences on or after that date.
(4)An order containing a licensing scheme shall not come into force unless and until any statement required by sub-paragraph (2) above in the case of that scheme has been approved by the Secretary of State.
Modifications etc. (not altering text)
C213Sch. 24 para. 27 power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I188Sch. 24 para. 27 wholly in force at 3.7.2000; Sch. 24 para. 27 not in force at Royal Assent see s. 425(2); Sch. 24 para. 27 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
28(1)As long as a licensing scheme to which paragraph 27 above applies remains in force, the Authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare the statement described in sub-paragraph (2) below.E+W+S
(2)That statement is a written statement of the Authority’s proposed general programme for the application (whether by the Authority or any other body) of the redistributed portion of the net proceeds of the scheme during the next four financial years.
(3)Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to the Secretary of State not less than six months before the end of the financial year during which the statement is required to be prepared.
(4)A statement prepared and approved under this paragraph for any scheme prevails for all purposes over any conflicting provisions in the statement prepared and approved under paragraph 27 above for that scheme.
Modifications etc. (not altering text)
C214Sch. 24 para. 28 power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I189Sch. 24 para. 28 wholly in force at 3.7.2000; Sch. 24 para. 28 not in force at Royal Assent see s. 425(2); Sch. 24 para. 28 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
29(1)Except with the consent of the Secretary of State in any particular case, none of the licensing authority’s share of the net proceeds of a licensing scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 26 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph.E+W+S
(2)Except with the consent of the Secretary of State in any particular case, none of the redistributed portion of the net proceeds of a licensing scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 28 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph in relation to the scheme.
(3)In this paragraph, “the opening four year period”, in relation to any licensing scheme, means the period which—
(a)begins with the date on which the scheme comes into force; and
(b)ends with the fourth financial year that commences on or after that date.
Modifications etc. (not altering text)
C215Sch. 24 para. 29 power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I190Sch. 24 para. 29 wholly in force at 3.7.2000; Sch. 24 para. 29 not in force at Royal Assent see s. 425(2); Sch. 24 para. 29 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
30(1)Where a statement has been prepared and approved under paragraph 26 or 28 above, the authority which prepared the statement may—E+W+S
(a)amend the statement, or
(b)replace it with another statement (a “replacement statement”),
but subject to the following provisions of this paragraph.
(2)Subject to the following provisions of this paragraph, where a licensing scheme is in force—
(a)the licensing authority may prepare a statement such as is described in paragraph 26(1) above, and
(b)if the licensing scheme is one to which paragraph 27 above applies, the Authority may prepare a statement such as is described in paragraph 28(2) above,
at any time before the beginning of the first financial year for which a statement under paragraph 26 or, as the case may be, paragraph 28 above is required to be prepared in respect of the scheme.
(3)For the purposes of this paragraph—
(a)a “voluntary statement” is a statement prepared under sub-paragraph (2)(a) or (b) above,
(b)a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 26 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and
(c)a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 28 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,
and references to statements under paragraph 26 or 28 above shall be construed accordingly.
(4)The power conferred by sub-paragraph (1)(b) or (2) above is exercisable—
(a)in the case of a statement under paragraph 26 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or
(b)in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.
(5)Where, in exercise of the powers conferred by this paragraph, an authority proposes—
(a)to amend or replace a statement prepared and approved under paragraph 26 or 28 above, or
(b)to prepare a voluntary statement,
sub-paragraph (6) below applies.
(6)Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval—
(a)to the Secretary of State; and
(b)if the statement concerned or affected is one prepared in respect of a borough scheme by the licensing authority, to the Authority.
(7)Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made—
(a)by the Authority acting on behalf of the licensing authority concerned; and
(b)after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.
(8)Where a statement prepared and approved under paragraph 26 or 28 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.
(9)A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).
(10)A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved—
(a)under paragraph 26 above, if it was prepared in respect of a licensing scheme by the licensing authority; or
(b)under paragraph 28 above, if it was prepared by the Authority.
(11)Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 26 or 28 above in respect of the licensing scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.
Modifications etc. (not altering text)
C216Sch. 24 para. 30 power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I191Sch. 24 para. 30 wholly in force at 3.7.2000; Sch. 24 para. 30 not in force at Royal Assent see s. 425(2); Sch. 24 para. 30 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
31(1)Where a person duly authorised in writing by a licensing authority has reason to believe that any premises are being used for the provision of workplace parking places, he may at any reasonable time enter those premises for the purpose of—E+W+S
(a)ascertaining whether controlled vehicles are parked at those premises without a licence in respect of those premises;
(b)ascertaining whether there are parked at those premises controlled vehicles in excess of the number permitted by a licence in respect of those premises; or
(c)ascertaining whether there is or has been any contravention of the conditions of a licence in respect of those premises.
(2)A person duly authorised in writing by a licensing authority may at any reasonable time enter any premises for the purpose of issuing a penalty charge notice.
(3)A person authorised under sub-paragraph (1) or (2) above to enter any premises shall, if so required, produce evidence of his authority before so entering.
(4)Any person who [F1027intentionally] obstructs a person acting in the exercise of his powers under sub-paragraph (1) or (2) above shall be guilty of an offence and liable—
(a)on summary conviction to a fine not exceeding [F1027the statutory maximum]; or
(b)on conviction on indictment, to a fine.
(5)Where any land is damaged in the exercise of a right of entry conferred under sub-paragraph (1) or (2) above, compensation in respect of that damage may be recovered by any person interested in the land from the licensing authority on whose behalf the entry was effected.
(6)The provisions of section 118 of the M430Town and Country Planning Act 1990 shall apply in relation to compensation under sub-paragraph [F1028(5)] above as they apply in relation to compensation under Part IV of that Act.
Textual Amendments
F1027Words in Sch. 24 para. 31(4) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 30(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1028Word in Sch. 24 para. 31(6) substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 30(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I192Sch. 24 para. 31 wholly in force at 3.7.2000; Sch. 24 para. 31 not in force at Royal Assent see s. 425(2); Sch. 24 para. 31 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Marginal Citations
32E+W+S[F1029The Lord Chancellor may by regulations] make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Schedule, or proceedings in respect of a failure to comply with the provisions of a licensing scheme, to be given by the production of—
(a)a record produced by a prescribed device; and
(b)a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a prescribed person.
Textual Amendments
F1029Words in Sch. 24 para. 32 substituted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 31 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I193Sch. 24 para. 32 wholly in force at 3.7.2000; Sch. 24 para. 32 not in force at Royal Assent see s. 425(2); Sch. 24 para. 32 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
33E+W+SThe Authority, Transport for London or a London borough council may—
(a)incur expenditure in or in connection with the establishment or operation of a licensing scheme; or
(b)enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a licensing scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a licensing scheme.
Commencement Information
I194Sch. 24 para. 33 wholly in force at 3.7.2000; Sch. 24 para. 33 not in force at Royal Assent see s. 425(2); Sch. 24 para. 33 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
34(1)The Authority may give to any London borough council general or specific directions requiring the council to exercise, in such manner as may be specified in the directions,—E+W+S
(a)any of the council’s powers under this Schedule; or
(b)for purposes connected with a licensing scheme made by that council or any other authority, any of the council’s powers under any other enactment relating to the management or control of traffic.
(2)A London borough council shall comply with any directions given to the council by the Authority.
Commencement Information
I195Sch. 24 para. 34 wholly in force at 3.7.2000; Sch. 24 para. 34 not in force at Royal Assent see s. 425(2); Sch. 24 para. 34 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
35(1)The Authority may issue guidance to Transport for London or any London borough council in relation to the discharge of their functions under this Schedule.E+W+S
(2)Transport for London or a London borough council in exercising any function under this Schedule shall have regard to any guidance issued by the Authority under this paragraph.
[F1030(3)Guidance issued under this paragraph shall be published in such manner as the Authority consider appropriate; and the Authority may at any time vary or revoke such guidance.]
Textual Amendments
F1030Sch. 24 para. 35(3) inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 32 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I196Sch. 24 para. 35 wholly in force at 3.7.2000; Sch. 24 para. 35 not in force at Royal Assent see s. 425(2); Sch. 24 para. 35 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Textual Amendments
F1031Sch. 24 para. 35A cross heading inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 33 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F103235A(1)Information obtained by—E+W+S
(a)any Minister of the Crown or government department, or
(b)any local authority or other statutory body,
may be disclosed to a licensing authority for or in connection with the exercise of any of their functions with respect to a licensing scheme.
(2)Information obtained by a licensing authority for or in connection with any of their functions other than their functions with respect to a licensing scheme may be used by the authority for or in connection with the exercise of any of their functions with respect to a licensing scheme.
(3)Any information—
(a)which has been or could be disclosed to a licensing authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a licensing scheme, or
(b)which has been or could be used by an authority by virtue of sub-paragraph (2) above for or in connection with the exercise of any of those functions,
may be disclosed to any person with whom the authority has entered into arrangements under paragraph 33(b) above.
(4)Information disclosed to a person under sub-paragraph (3) above—
(a)may be disclosed to any other person for or in connection with the licensing scheme; but
(b)may not be used (by him or any other person to whom it is disclosed under paragraph (a) above) otherwise than for or in connection with the licensing scheme.]
Textual Amendments
F1032Sch. 24 para. 35A inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 33 (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
36(1)This paragraph has effect for the purposes of this Schedule and section 296 of this Act.E+W+S
(2)The Palace of Westminster shall be treated as premises occupied by the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons acting jointly.
(3)Every motor vehicle for which a parking place is provided at the Palace of Westminster shall be taken to be a motor vehicle used as mentioned in paragraph 3(1) above if it is a vehicle used—
(a)by a Member or officer of either House of Parliament;
(b)by a person employed as a member of the House of Lords staff;
(c)by a person employed as a member of the House of Commons staff;
(d)by a person employed by a member of either House of Parliament; or
(e)by, or by an employee of, any person supplying or seeking to supply goods or services to—
(i)the House of Lords,
(ii)the House of Commons,
(iii)any member or officer of either House of Parliament,
or any agent or sub-contractor of such a person.
(4)No offence under this Schedule or regulations made under it is capable of being committed in relation to parking in the Palace of Westminster.
(5)No right of entry conferred under or by virtue of this Schedule shall be exercisable in relation to the Palace of Westminster.
(6)No penalty charge notice shall be issued in respect of parking in the Palace of Westminster.
(7)In this paragraph—
“member of the House of Commons staff” means any person—
who was appointed by the House of Commons Commission; or
who is a member of the Speaker’s personal staff;
“member of the House of Lords staff” means any person who is employed under a contract of employment made with the Corporate Officer of the House of Lords.
Commencement Information
I197Sch. 24 para. 36 wholly in force at 3.7.2000; Sch. 24 para. 36 not in force at Royal Assent see s. 425(2); Sch. 24 para. 36 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
37(1)Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and licensing schemes made under it shall bind the Crown.E+W+S
(2)No contravention by the Crown of any provision of this Schedule or of any regulations or licensing scheme made under it shall make the Crown criminally liable; but the High Court may, on the application of a licensing authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3)Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and licensing schemes made under it shall apply to persons in the public service of the Crown as they apply to other persons.
(4)No power of entry conferred by this Schedule or regulations made under it shall be exercisable in relation to any premises held or used by or on behalf of the Crown.
(5)Nothing in this paragraph shall be taken as in any way affecting Her Majesty in her private capacity; and this sub-paragraph shall be construed as if section 38(3) of the M431Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
Marginal Citations
Prospective
38E+W+SA licensing scheme shall state whether or not it is to remain in force indefinitely and, if it is not to remain in force indefinitely, shall state the period for which it is to remain in force.
Commencement Information
I198Sch. 24 para. wholly in force at 3.7.2000; Sch. 24 para. 38 not in force at Royal Assent see s. 425(2); Sch. 24 para. 38 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
39E+W+SThe power to make a licensing scheme includes power [F1033, exercisable in the same manner, and subject to the same conditions and limitations,]to vary or revoke such a scheme [F1034; and paragraph 7 above applies in relation to the variation or revocation of a licensing scheme as to the making of a licensing scheme.].
Textual Amendments
F1033Words in Sch. 24 para. 39 repealed (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), 274, Sch. 13 para. 34(a), Sch. 31 Pt. III (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
F1034Words in Sch. 24 para. 39 inserted (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 34(b) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
Commencement Information
I199Sch. 24 para. 39 wholly in force at 3.7.2000; Sch. 24 para. 39 not in force at Royal Assent see s. 425(2); Sch. 24 para. 39 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3
Section 309.
F10351U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1035Sch. 25 para. 1 repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)
F10362U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1036Sch. 25 paras. 2-5 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F10363U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1036Sch. 25 paras. 2-5 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F10364U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1036Sch. 25 paras. 2-5 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F10365U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1036Sch. 25 paras. 2-5 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
6F1037(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F1037(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1038(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1037Sch. 25 para. 6(1)(2) repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)
F1038Sch. 25 para. 6(3) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F10397U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F10398U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F10399U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103910U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103911U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103912U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103913U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103914U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103915U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103916U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103917U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103918U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103919U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103920U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F103921U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1039Sch. 25 paras. 7-21 repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
Section 310.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1040Sch. 26 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(ii) (with art. 7)
Section 325.
1U.K.The following provisions of the M432Metropolitan Police Act 1829 shall cease to have effect—
(a)section 1 (establishment of metropolitan police and appointment of Commissioner);
(b)section 4 (the metropolitan police district);
(c)section 5 (regulations for management of the force);
(d)sections 10 to 12 (the Receiver); and
(e)section 22 (watchboxes).
Commencement Information
I200Sch. 27 para. 1 partly in force; Sch. 27 para. 1 not in force at Royal Assent see s. 425(2); Sch. 27 para. 1 in force for specified purposes at 3.7.2000 by S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)
Marginal Citations
2U.K.The following provisions of the M433Metropolitan Police Act 1856 shall cease to have effect—
(a)section 2 (appointment of Assistant Commissioners);
(b)section 6 (duties of Assistant Commissioners);
(c)section 7 (matters which may be done by the Commissioner or an Assistant Commissioner); and
(d)section 8 (powers of Assistant Commissioners in case of vacancy or illness of the Commissioner).
3U.K.The following provisions of the M434Metropolitan Police (Receiver) Act 1861 shall cease to have effect—
(a)section 1 (Receiver as corporation sole with power to hold stocks, shares etc);
(b)section 5 (power of Receiver to dispose of property etc); and
(c)section 9 (construction with previous Acts).
Commencement Information
I201Sch. 27 para. 3 partly in force; Sch. 27 para. 3 not in force at Royal Assent see s. 425(2); Sch. 27 para. 3 in force for specified purposes at 3.7.2000 by S.I. 2000/1648, art. 2, Sch.
Marginal Citations
4U.K.Section 1 of the M435Metropolitan Police (Receiver) Act 1867 (accounts) [F1041shall have effect as if there were inserted, after “Metropolitan Police Act 1829”, the words shall, as regards monies for police purposes, be made up to 2nd July 2000, and as regards monies for other purposes] .
Textual Amendments
F1041Words in Sch. 27 para. 4 substituted (30.3.2000) by S.I. 2000/801, art. 3
Marginal Citations
5U.K.The following provisions of the M436Metropolitan Police Act 1886 shall cease to have effect—
(a)section 2 (power of Receiver with respect to construction of buildings and purchase of land);
(b)section 4 (Receiver: purchase of land);
(c)section 6 (approval of Secretary of State for purchases and loans);
(d)section 7 (definition of “police receiver”).
Commencement Information
I202Sch. 27 para. 5 partly in force; Sch. 27 para. 5 not in force at Royal Assent see s. 425(2); Sch. 27 para. 5 in force for specified purposes at 3.7.2000 by S.I. 2000/1648, art. 2, Sch.
Marginal Citations
F10426U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1042Sch. 27 para. 6 omitted (6.4.2017) by virtue of Riot Compensation Act 2016 (c. 8), ss. 10(3)(d), 12(1)(2); S.I. 2017/379, reg. 2
7U.K.The M437Metropolitan Police Act 1887 shall cease to have effect.
Commencement Information
I203Sch. 27 para. 7 partly in force; Sch. 27 para. 7 not in force at Royal Assent see s. 425(2); Sch. 27 para. 7 in force for specified purposes at 3.7.2000 by S.I. 2000/1648, art. 2, Sch.
Marginal Citations
Prospective
8U.K.The M438Metropolitan Police (Receiver) Act 1895 shall cease to have effect.
Marginal Citations
Prospective
9U.K.The M439Metropolitan Police Courts Act 1897 shall cease to have effect.
Marginal Citations
10(1)Section 2 of the M440Police Property Act 1897 (regulations with respect to unclaimed property in possession of the police) shall be amended as follows.U.K.
(2)In subsection (2B) (meaning of “the relevant authority”)—
(a)in paragraph (a) (police areas in England and Wales, other than the metropolitan police district) the words “listed in Schedule 1 to the Police Act 1996 or the City of London police area”, and
(b)paragraph (b) (in relation to the metropolitan police district, the Receiver),
shall cease to have effect.
Marginal Citations
11U.K.Section 1 of the M441Metropolitan Police Act 1899 (which provides for the remuneration of the Commissioner of Police of the Metropolis) shall cease to have effect.
Commencement Information
I204Sch. 27 para. 11 partly in force; Sch. 27 para. 11 not in force at Royal Assent see s. 425(2); Sch. 27 para. 11 in force for specified purposes at 3.7.2000 by S.I. 2000/1648, art. 2, Sch.
Marginal Citations
12U.K.In the M442Police Act 1909, section 1 (annual contribution towards expenses of metropolitan police force in respect of services rendered for imperial and national purposes) shall cease to have effect.
Marginal Citations
13(1)The M443Crown Lands Act 1936 shall be amended as follows.U.K.
(2)In section 1 (transfer of lands to Commissioners of Works) the proviso to subsection (4) (which relates to payment in respect of lands transferred to the Receiver and is of no further utility) shall cease to have effect.
(3)In section 3—
(a)in subsection (1) (power of Commissioners of Works to erect buildings for certain purposes) the words “or offices for the metropolitan police”, and
(b)subsection (2) (power to transfer land and buildings to the Receiver),
shall cease to have effect.
Commencement Information
I205Sch. 27 para. 13 partly in force; Sch. 27 para. 13 not in force at Royal Assent see s. 425(2); Sch. 27 para. 13 in force for specified purposes at 3.7.2000 by S.I. 2000/1648, art. 2, Sch.
Marginal Citations
Prospective
14(1)Section 151 of the M444London Building Acts (Amendment) Act 1939 (Crown exemptions) shall be amended as follows.U.K.
(2)In subsection (1) (which specifies the exemptions) paragraph (bb) (the Receiver) shall cease to have effect.
15U.K.Section 121 of the M445Local Government Act 1948 (provisions as to precepts of metropolitan police) shall cease to have effect.
Marginal Citations
16(1)The M446Metropolitan Magistrates’ Courts Act 1959 shall be amended as follows.U.K.
(2)In section 4(2) (borrowing powers of Receiver), the words “, or of the metropolitan police force,” shall cease to have effect.
Marginal Citations
17(1)The M447Local Government (Records) Act 1962 shall be amended as follows.U.K.
(2)In section 2 (acquisition and deposit of records) in subsection (6) (local authorities to which the section applies) after “section 3 of the M448Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
(3)In section 8 (interpretation) in the definition of “local authority” after “section 3 of the M449Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
Prospective
18U.K.In section 38(1) of the M450Administration of Justice Act 1964 (interpretation) the definition of “the Receiver” shall cease to have effect.
Marginal Citations
Prospective
19(1)Section 11 of the M451Local Government Act 1966 (grants for expenditure due to ethnic minority population) shall be amended as follows.U.K.
(2)In subsection (2) (application to police authorities etc) after “section 3 of the M452Police Act 1996” there shall be inserted “ , the Metropolitan Police Authority, ”.
20(1)Section 15 of the M453Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) shall be amended as set out in sub-paragraphs (2) to (6) below.U.K.
(2)In subsection (1)(a) (definition of “member of the metropolitan civil staffs”) for sub-paragraph (i) there shall be substituted—
“(i)who is employed by the Metropolitan Police Authority;”.
(3)In subsection (2) (power of Secretary of State to grant certain pensions payable by the Receiver out of the Metropolitan Police Fund) for the words from the beginning to “in respect of members of the metropolitan civil staffs” in paragraph (b) there shall be substituted—
“(2)As from the day on which section 310 of the Greater London Authority Act 1999 comes into force, the Metropolitan Police Authority shall have power to grant pensions or other benefits to or in respect of persons who on that day are, or thereafter become, members of the metropolitan civil staffs.
(2A)The Metropolitan Police Authority may, to such extent and subject to such conditions as it thinks fit, authorise the exercise of the function of administering the grant of pensions and other benefits under this section by, or by employees of, any person.
(2B)Where a person is authorised under subsection (2A) above to exercise the function of administering the grant of pensions and other benefits under this section, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.
(2C)Subsection (2B) above does not apply for the purposes of—
(a)any criminal proceedings against the authorised person (or any employee of his); or
(b)any contract between him and the person who authorised him, so far as relating to the function.
(2D)Unless the powers conferred by section 7 of the M454Superannuation Act 1972, section 50 of the Justices of the M455Peace Act 1997, paragraph 36 of Schedule 14 to the M456Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being i force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member”.
(4)In subsection (3)(b) (power by regulations to adapt civil service provisions) for “(2)(b)” there shall be substituted “ (2D) ”.
(5)In subsection (6) (requirement to consult before making regulations) after “staffs” there shall be inserted “ and with the Metropolitan Police Authority ”.
(6)In subsection (7) (continuation of payment of pre-existing pension entitlements by Receiver), for the words from “continue” to the end there shall be substituted “ be paid by the Metropolitan Police Authority ”.
(7)Nothing in sub-paragraphs (2) to (5) above shall affect the application of section 15 of the M457Superannuation (Miscellaneous Provisions) Act 1967 in relation to any person falling within sub-paragraph (10) below.
(8)A pension or other benefit granted or continued to be paid to or in respect of a person by virtue of sub-paragraph (7) above shall be granted or paid by the Metropolitan Police Authority, and accordingly section 15(2)(a) of the Superannuation (Miscellaneous Provisions) Act 1967 shall not apply in relation to such a person.
(9)Section 15(2)(b) of the M458Superannuation (Miscellaneous Provisions) Act 1967 shall apply in relation to a person falling within sub-paragraph (10) below as if for the words from the beginning to “in respect of members of the metropolitan civil staffs” there were substituted—
“(b)unless the powers conferred by paragraph 36 of Schedule 14 to the M459Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being in force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits u der this section to or in respect of such a member”.
(10)A person falls within this sub-paragraph if he ceased to be a member of the metropolitan civil staffs for the purposes of section 15 of the M460Superannuation (Miscellaneous Provisions) Act 1967 before the day on which section 310 of this Act comes into force.
Commencement Information
I206Sch. 27 para. 20 wholly in force; Sch. 27 para. 20 not in force at Royal Assent see. s. 425(2); Sch. 27 para. 20 in force at 3.7.2000 by S.I. 2000/1648, art. 2, Sch. (subject to transitional provisions in Sch.)
Marginal Citations
21(1)Section 28 of the M461Leasehold Reform Act 1967 (retention or resumption of land required for public purposes) shall be amended as follows.U.K.
(2)In subsection (5) (bodies to which the section applies) in paragraph (a), after “section 3 of the M462Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
22U.K.In section 57(4) of the M463Firearms Act 1968 (interpretation) in the definition of “civilian officer”, paragraph (b) and the word “or” immediately preceding it shall cease to have effect.
Marginal Citations
23(1)The M464Local Government Grants (Social Need) Act 1969 shall be amended as follows.U.K.
(2)In section 1 (provision for grants) in subsection (2) (meaning of “local authority” etc) after “section 3 of the M465Police Act 1996” there shall be inserted “ , the Metropolitan Police Authority, ”.
24(1)The M466Pensions (Increase) Act 1971 shall be amended as follows.U.K.
(2)In Schedule 6 (employments relevant to section 13(2) of that Act) in paragraph (c) (employment, otherwise than as a constable, under the Receiver etc) for “Receiver for the metropolitan police district” there shall be substituted “ Metropolitan Police Authority ”.
Marginal Citations
25U.K.In section 98 of the M467Local Government Act 1972 (members’ interests in contracts: interpretation of sections 95 to 97) in subsection (1A) (extended meaning of local authority) after “section 3 of the M468Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
26U.K.In section 99 of the M469Local Government Act 1972 (which applies Schedule 12 of that Act to meetings and proceedings of certain bodies) after “section 3 of the Police Act 1996” there shall be inserted “ , the Metropolitan Police Authority ”.
Marginal Citations
27U.K.In section 107 of the M470Local Government Act 1972 (application of sections 101 to 103, 105 and 106 of that Act to police authorities) in subsection (1)(a) the words “other than the Secretary of State” shall cease to have effect.
Marginal Citations
28(1)Section 146A of the M471Local Government Act 1972 (which applies certain provisions of Part VII of that Act to police authorities etc) shall be amended as follows.U.K.
F1043(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In subsection (1A) (exceptions for police authorities) after “section 3 of the M472Police Act 1996” there shall be inserted “ nor the Metropolitan Police Authority ”.
(4)In subsection (1B) (modifications of sections 140A and 140C in their application to police authorities) after “section 3 of the M473Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.
(5)In subsection (1C) (special constable acting as such is not a voluntary assistant) after “section 3 of the M474Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.
Textual Amendments
F1043Sch. 27 para. 28(2) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provision in art. 4)
Marginal Citations
F104429U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1044Sch. 27 para. 29 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provision in art. 4)
30U.K.In section 228 of the M475Local Government Act 1972 (inspection of documents) in subsection (7A) (application to minutes and accounts of police authorities) after “section 3 of the M476Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.
31U.K.In section 229 of the M477Local Government Act 1972 (photographic copies of documents) in subsection (8) (extended meaning of “local authority”) after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
Marginal Citations
32U.K.In section 231 of the M478Local Government Act 1972 (services of notices on local authorities) in subsection (4) (extended meaning of “local authority”) after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
Marginal Citations
33U.K.In section 232 of the M479Local Government Act 1972 (public notices) in subsection (1A) (extended meaning of “local authority”) after “section 3 of the M480Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
34U.K.In section 233 of the M481Local Government Act 1972 (service of notices by local authorities) in subsection (11) (extended meaning of “local authority”) after “section 3 of the M482Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
35U.K.In section 234 of the M483Local Government Act 1972 (authentication of documents) in subsection (4) (extended meaning of “local authority”) after “section 3 of the M484Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
36(1)Schedule 12 to the M485Local Government Act 1972 (meetings and proceedings of local authorities) shall be amended as follows.U.K.
(2)In paragraph 6A (application of paragraph 1 to police authorities etc) in sub-paragraph (1) after “section 3 of the M486Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.
(3)In paragraph 6B (application of rest of Part I to police authorities etc) in paragraph (b), after “section 3 of the M487Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
(4)In paragraph 46 (extended meaning of “local authority”) after “section 3 of the M488Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
37U.K.In section 13(7) of the M489Employment Agencies Act 1973 (cases in which the Act is not to apply) after paragraph (f) there shall be inserted—
“(fa)the exercise by the Metropolitan Police Authority of any of its functions;”.
Marginal Citations
F104538U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1045Sch. 27 para. 38 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2
39(1)The M490House of Commons Disqualification Act 1975 shall be amended as follows.U.K.
(2)In Schedule 1, in Part III (other disqualifying offices) the entries relating to the following offices—
(a)Commissioner or Assistant Commissioner of Police of the Metropolis,
(b)officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and
(c)Receiver for the Metropolitan Police District,
shall cease to have effect.
Commencement Information
I207Sch. 27 para. 39 partly in force; Sch. 27 para. 39 not in force at Royal Assent see s. 425(2); Sch. 27 para. 39(1)(2)(a)(b) in force at 3.7.2000 by S.I. 2000/1648, art. 2, Sch.
Marginal Citations
40(1)The M491Northern Ireland Assembly Disqualification Act 1975 shall be amended as follows.U.K.
(2)In Schedule 1, in Part III (other disqualifying offices) the entries relating to the following offices—
(a)Commissioner or Assistant Commissioner of Police of the Metropolis,
(b)officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and
(c)Receiver for the Metropolitan Police District,
shall cease to have effect.
Commencement Information
I208Sch. 27 para. 40 partly in force; Sch. 27 para. 40 not in force at Royal Assent see s. 425(2); Sch. 27 para. 40(1)(2(a)(b) in force at 3.7.2000 by S.I. 2000/1648, art. 2, Sch.
Marginal Citations
41(1)Part I of the M492Local Government (Miscellaneous Provisions) Act 1976 (general) shall be amended as follows.U.K.
(2)In section 44(1), in the definition of “local authority”, in paragraph (a) (extended meaning in certain provisions) after “section 3 of the M493Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
42(1)Section 20 of the M494Local Government, Planning and Land Act 1980 (interpretation of provisions relating to direct labour organisations) shall be amended as follows.U.K.
(2)In subsection (1), in paragraph (a) of the definition of “local authority”, in sub-paragraph (i), after “section 3 of the Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
Marginal Citations
F104643U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1046Sch. 27 para. 43 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2
44(1)In section 99 of the M495Local Government, Planning and Land Act 1980 (directions to dispose of land — supplementary) in subsection (4), after paragraph (dc) there shall be inserted—U.K.
“(dcc)the Metropolitan Police Authority;”.
(2)In Schedule 16 to the M496Local Government, Planning and Land Act 1980 (bodies to whom provisions of Part X relating to registration of land apply) after paragraph 5C there shall be inserted—
“5CC The Metropolitan Police Authority.”
45(1)The M497Local Government (Miscellaneous Provisions) Act 1982 shall be amended as follows.U.K.
(2)In section 33 (enforceability by local authorities of certain covenants relating to land) in subsection (9)(a), after “section 3 of the M498Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
(3)In section 41 (lost and uncollected property) in subsection (13) in the definition of “local authority”, after paragraph (ca) there shall be inserted—
“(caa)the Metropolitan Police Authority; and”.
46(1)The M499Aviation Security Act 1982 shall be amended as follows.U.K.
(2)In section 26 (exercise of police functions at designated airports), subsection (4) (which makes provision for the application of the section in the case of the metropolitan police district) shall cease to have effect.
(3)In section 29(2) (entitlement of traffic wardens to exercise functions at designated airports) in paragraph (a) the words from “(or,” to “metropolis)” shall cease to have effect.
(4)In section 30(3) (transfers of officers and staff) in paragraph (c) the words from “or, if that area is the metropolitan” onwards shall cease to have effect.
(5)In section 31(1) (interpretation) the definition of “members of the metropolitan civil staffs” shall cease to have effect.
Marginal Citations
47(1)The M500Insurance Companies Act 1982 shall be amended as follows.U.K.
(2)In Part I of Schedule 2 (classes of general business), in entry number 1, in the third column, the words “or section 2 of the Police (Insurance of Voluntary Assistants) Act 1997” shall cease to have effect.
Marginal Citations
48(1)Section 97 of the M501Road Traffic Regulation Act 1984 (supplementary provisions as to traffic wardens) shall be amended as follows.U.K.
(2)In subsection (1) (application of regulations) the words “employed outside the metropolitan police district” shall cease to have effect.
(3)Subsection (4) (wardens in the metropolitan police district) shall cease to have effect.
Marginal Citations
49U.K.In section 60 of the M502County Courts Act 1984 (right of audience for officer of local authority in proceedings brought by authority) in subsection (3), in the definition of “local authority”, after “section 3 of the M503Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
50U.K.In section 1 of the M504Rates Act 1984 (power to prescribe maximum rates and precepts) in subsection (4)(a), the words “or by the Receiver for the Metropolitan Police District” shall cease to have effect.
Marginal Citations
F104751U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1047Sch. 27 para. 51 repealed (24.7.2002) by 2002 c. 30, ss. 107, 108(3), Sch. 8
52U.K.In section 106 of the M505Housing Associations Act 1985 (minor definitions) in subsection (1), in the definition of “local authority”, after “section 3 of the M506Police Act 1996” there shall be inserted “ , the Metropolitan Police Authority ”.
53U.K.In section 38 of the M507Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority”, after “section 3 of the M508Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
54U.K.In section 6 of the M509Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality) in subsection (2)(a), after “section 3 of the M510Police Act 1996,” there shall be inserted—
“the Metropolitan Police Authority,”.
55U.K.In section 9 of the M511Local Government Act 1986 (interpretation of provisions relating to the transfer of mortgages) in subsection (1)(a), after “section 3 of the M512Police Act 1996,” there shall be inserted—
“the Metropolitan Police Authority,”.
56U.K.In section 1 of the M513Local Government Act 1988 (defined authorities for provisions on competition) in subsection (1), after paragraph (e) there shall be inserted—
“(eza)the Metropolitan Police Authority,”.
57U.K.In Schedule 2 to the M514Local Government Act 1988 (which specifies the public authorities to which section 17 of that Act applies) after the entry relating to police authorities established under section 3 of the M515Police Act 1996 there shall be inserted—
“The Metropolitan Police Authority.”
58U.K.In section 126 of the M516Local Government Finance Act 1988 (variation of multipliers in supplementary reports) subsection (5) (which relates to the Receiver) shall cease to have effect.
Marginal Citations
F104859U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1048Sch. 27 para. 59 repealed (24.7.2002) by 2002 c. 30, ss. 107, 108(3), Sch. 8
60U.K.In section 124 of the M517Road Traffic Act 1988 (exemption of police instructors from prohibition imposed by section 123 of that Act) subsection (3) (modifications of subsection (2) in its application in relation to the metropolitan police force) shall cease to have effect.
Marginal Citations
Prospective
61U.K.In section 144 of the M518Road Traffic Act 1988 (exceptions from requirement of third party insurance or security) in subsection (2)(b) (exception for vehicles owned by police authority etc)—
(a)the words “or the Receiver for the Metropolitan Police District”, and
(b)the words “or employed by the Receiver”,
shall cease to have effect.
Marginal Citations
62U.K.In section 5 of the M519Local Government and Housing Act 1989 (designation and reports of monitoring officer) in subsection (1) (duty to designate officer as monitoring officer) after “Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.
Commencement Information
I209Sch. 27 para. 62 wholly in force at 3.7.2000; Sch. 27 para. 62 not in force at Royal Assent, see s. 425(2); Sch. 27 para. 62 in force for specified purposes on "the operative date" (as defined in S.I. 2000/1095, art. 1) and for all other purposes at 3.7.2000 by S.I. 2000/1095, art. 4(2)(c), 5, 6
Marginal Citations
F104963U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1049Sch. 27 para. 63 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provision in art. 4)
64U.K.In section 157 of the M520Local Government and Housing Act 1989 (commutation of payments to local authorities) in subsection (6) (meaning of “local authority”) for paragraph (f) there shall be substituted—
“(f)the Metropolitan Police Authority;”.
Commencement Information
I210Sch. 27 para. 64 partly in force; Sch. 27 para. 64 not in force at Royal Assent see s. 425(2); Sch. 27 para. 64 in force for specified purposes at 3.7.2000 by S.I. 2000/1648, art. 2, Sch.
Marginal Citations
65U.K.In section 252 of the M521Town and Country Planning Act 1990 (procedure for making of orders relating to highways) in subsection (12), in the definition of “local authority”, after “section 3 of the M522Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
66U.K.In section 336(1) of the M523Town and Country Planning Act 1990 (general interpretation) in paragraph (a) of the definition of “local authority”—
(a)the words “(except the Receiver for the Metropolitan Police District)” shall cease to have effect; and
(b)at the end there shall be inserted “ or the Metropolitan Police Authority ”.
Commencement Information
I211Sch. 27 para. 66 partly in force; Sch. 27 para. 66 not in force at Royal Assent see s. 425(2); Sch. 27 para. 66(b) in force at 3.7.2000 by S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)
Marginal Citations
67U.K.In section 2 of the M524War Crimes Act 1991 (expenses) in subsection (2)(a) (expenditure by Receiver on investigations by metropolitan police) for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”.
Marginal Citations
Prospective
68U.K.In section 33 of the M525Value Added Tax Act 1994 (refunds of VAT in certain cases) in subsection (3) (which specifies the bodies to which the section applies) in paragraph (f), the words “and the Receiver for the Metropolitan Police District” shall cease to have effect.
Marginal Citations
69E+W+SIn section 1 of the M526Police Act 1996 (police areas) in subsection (3) (references to local government areas) the words “but excluding any part of it within the metropolitan police district” shall cease to have effect.
Marginal Citations
F105070U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1050Sch. 27 para. 70 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(ii) (with art. 7)
F105171U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1051Sch. 27 para. 71 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(ii) (with art. 7)
F105272U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1052Sch. 27 para. 72 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(ii) (with art. 7)
73U.K.In section 14 of the M527Police Act 1996 (requirement that each police authority keep a police fund) after subsection (3) there shall be inserted—
“(4)This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.”
Marginal Citations
74(1)Section 15 of the M528Police Act 1996 (employment of civilian employees by police authorities established under section 3) shall be amended as follows.U.K.
(2)In subsection (2) (persons so employed to be under control of chief constable) for “chief constable” there shall be substituted “ chief officer of police ”.
(3)In subsection (3) (disapplication of subsection (2) in case of agreement between chief constable and authority etc) for “chief constable” there shall be substituted “ chief officer ”.
(4)After subsection (4) there shall be inserted—
“(5)This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.”
Marginal Citations
75(1)Section 16 of the M529Police Act 1996 (appointment of clerk by each police authority) shall be amended as follows.U.K.
(2)At the beginning there shall be inserted “ (1) ”.
(3)After the subsection (1) so formed, there shall be inserted the following subsection—
“(2)The Metropolitan Police Authority shall appoint a person to be the clerk to the Metropolitan Police Authority.”
Commencement Information
I212Sch. 27 para. 75 wholly in force at 3.7.2000; Sch. 27 para. 75 not in force at Royal Asent, see s. 425(2); Sch. 27 para. 75 in force for specified purposes on "the operative date" (as defined in S.I. 2000/1095, art. 1) and for all other purposes at 3.7.2000 by S.I. 2000/1095, art. 4(2)(c), 5, 6
Marginal Citations
76(1)Section 17 of the M530Police Act 1996 (appointment of persons not employed by police authorities) shall be amended as follows.U.K.
(2)At the beginning there shall be inserted “ (1) ”.
(3)After the subsection (1) so formed, there shall be inserted the following subsection—
“(2)This section shall apply to the Metropolitan Police Authority as it applies to a police authority established under section 3.”
Commencement Information
I213Sch 27 para. 76 wholly in force at 3.7.2000; Sch. 27 para. 76 not in force at Royal Assent, see s. 425(2); Sch. 27 para. 76 in force for specified purposes on "the operative date" (as defined in S.I. 2000/1095, art. 1) and for all other purposes at 3.7.2000 by S.I. 2000/1095, art. 4(2)(c), 5, 6
Marginal Citations
77U.K.In section 18 of the M531Police Act 1996 (application of certain provisions of the M532Local Authorities (Goods and Services) Act 1970 to police authorities established under section 3) after “section 3” there shall be inserted “ and to the Metropolitan Police Authority ”.
78U.K.In subsection (1) of section 20 of the M533Police Act 1996 (questioning of members of police authorities at council meetings) after “police authority” there shall be inserted “ established under section 3 ” and after that section there shall be inserted—
(1)The London Assembly shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of the Metropolitan Police Authority to be put by members of the Assembly at a meeting of the Assembly for answer by a person nominated by the Metropolitan Police Authority for that purpose.
(2)On being given reasonable notice by the London Assembly of a meeting of the Assembly at which questions on the discharge of the Metropolitan Police Authority’s functions are to be put, the Metropolitan Police Authority shall nominate one or more of its members to attend the meeting to answer those questions.”
Marginal Citations
79(1)Section 22 of the M534Police Act 1996 (reports by chief constables etc to police authorities) shall be amended as follows.U.K.
(2)In subsection (1), for “chief constable” there shall be substituted “ chief officer of police of a police force ”.
(3)In subsection (2), for “chief constable” there shall be substituted “ chief officer ”.
(4)In subsection (3), for “chief constable” there shall be substituted “ chief officer of police ”.
(5)In subsections (5) and (6), for “chief constable” there shall be substituted “ chief officer ”.
(6)Subsection (7) (which applies the section to the City of London police force and which becomes unnecessary in consequence of the amendments made by the preceding provisions of this paragraph) shall be omitted.
Marginal Citations
80U.K.In section 25 of the M535Police Act 1996 (provision of special police services, subject to payment to police authorities) subsection (2) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
Marginal Citations
81U.K.In section 26 of the M536Police Act 1996 (provision by police authorities of advice and assistance to international organisations) subsection (7) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
Marginal Citations
82U.K.In section 28 of the M537Police Act 1996 (appointment of police cadets) subsection (4) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
Marginal Citations
83U.K.In section 29 of the M538Police Act 1996 (attestation of constables)—
(a)paragraph (a) (attestation before Commissioner or Assistant Commissioner in case of member of metropolitan police force etc), and
(b)in paragraph (b) (any other case) the words “in any other case,”,
shall cease to have effect.
Marginal Citations
84(1)Section 32 of the M539Police Act 1996 (power of Secretary of State to make alterations in police areas by order) shall be amended as follows.E+W+S
(2)In subsection (3)(a) (which restricts the power of the Secretary of State to make alterations unless he has received a request from the police authorities whose areas are affected) the words “(other than the metropolitan police district)” shall cease to have effect.
(3)Subsection (5) (which disapplies subsection (4) to the extent that it prevents the Secretary of State making an order maintaining the boundary of the metropolitan police district as it existed immediately before 1st April 1995) shall cease to have effect.
Commencement Information
I214Sch. 27 para. 84 wholly in force at 3.7.2000; Sch. 27 para. 84 not in force at Royal Assent see s. 425(2); Sch. 27 para. 84(1)(3) in force at 1.4.2000 by S.I. 1999/3271, art. 4(c); Sch. 27 para. 84 in force (3.7.2000) in so far as not already in force by S.I. 2000/1648, art. 2, Sch.
Marginal Citations
85(1)Section 33 of the M540Police Act 1996 (objections to alterations in police areas proposed by the Secretary of State) shall be amended as follows.U.K.
(2)In subsection (1)(a) the words “(other than the metropolitan police district)” shall cease to have effect.
(3)In subsection (1), after paragraph (b) there shall be inserted—
“(bb)the Greater London Authority, if he proposes to alter the metropolitan police district,”.
Marginal Citations
F105386U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1053Sch. 27 para. 86 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(ii) (with art. 7)
87U.K.In section 38 of the M541Police Act 1996 (setting of performance targets for police authorities by the Secretary of State) in subsection (2), for “established under section 3” there shall be substituted “ to which section 37 applies ”.
Marginal Citations
88U.K.In section 39(1) of the M542Police Act 1996 (issuing of codes of practice by the Secretary of State relating to the discharge of functions by police authorities established under section 3) after “section 3” there shall be inserted “ and the Metropolitan Police Authority ”.
Marginal Citations
89U.K.In section 40(1) of the M543Police Act 1996 (power of Secretary of State to require an inspection of a police force maintained under section 2) after “police force maintained under section 2” there shall be inserted “ or of the metropolitan police force ”.
Marginal Citations
F105490U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1054Sch. 27 para. 90 repealed (23.12.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 8; S.I. 2004/3338, art. 3(c)(v)
91(1)Section 44 of the M544Police Act 1996 (power of Secretary of State to require chief constable to submit a report) shall be amended as follows.U.K.
(2)In subsection (1), for the words “chief constable” and “chief constable’s” there shall be substituted respectively “ chief officer of police of any police force ” and “ chief officer’s ”.
(3)In subsection (3), for “chief constable” there shall be substituted “ chief officer ”.
(4)In subsection (4), for “Every chief constable” there shall be substituted “ The chief officer of police of every police force ”.
(5)Subsection (5) (which applies the section to the City of London police force and which becomes unnecessary in consequence of the amendments made by the preceding provisions of this paragraph) shall be omitted.
Marginal Citations
92(1)Section 46 of the M545Police Act 1996 (duty of Secretary of State to make grants for police purposes) shall be amended as follows.U.K.
F1055(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In subsection (1), in the words following paragraph (b), for “Receiver” there shall be substituted “ Greater London Authority ”.
(4)After subsection (7) there shall be inserted—
“(7A)Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.”
(5)After subsection (8) (repayment where police authority’s grant is less than that paid to it for the year) there shall be inserted—
“(9)Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the Metropolitan Police Authority to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction.”
Textual Amendments
F1055Sch. 27 para. 92(2) repealed (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 102 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(k)(i)
Marginal Citations
93(1)Section 47 of the M546Police Act 1996 (power of the Secretary of State to make grants in respect of capital expenditure incurred for police purposes) shall be amended as follows.U.K.
(2)In subsection (1)(b), for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”.
(3)After subsection (3) there shall be inserted—
“(4)Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.
(5)Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.”
Marginal Citations
94(1)Section 48 of the M547Police Act 1996 (power of Secretary of State to make grants in respect of expenditure in connection with safeguarding national security) shall be amended as follows.U.K.
(2)In subsection (1)(b), for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”.
(3)After subsection (3) there shall be inserted—
“(4)Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.
(5)Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.”
Marginal Citations
95U.K.In section 50(3)(b) of the M548Police Act 1996 (regulations about disciplinary procedures involving senior members of police forces) for sub-paragraphs (i) and (ii) there shall be substituted the words “ by the police authority which maintains the force or by a committee of that authority. ”
Marginal Citations
96U.K.In section 55 of the M549Police Act 1996 (Secretary of State to arrange for publication and copies of reports by inspectors of constabulary) in subsections (3)(a) and (6), the words “(except where he is himself the police authority)” shall cease to have effect.
Marginal Citations
F105697U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1056Sch. 27 paras. 97-99 repealed (1.4.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 8; S.I. 2004/913, art. 2(f)(viii)
F105698U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1056Sch. 27 paras. 97-99 repealed (1.4.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 8; S.I. 2004/913, art. 2(f)(viii)
F105699U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1056Sch. 27 paras. 97-99 repealed (1.4.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 8; S.I. 2004/913, art. 2(f)(viii)
100U.K.In section 92 of the M550Police Act 1996 (grants by local authorities) in subsection (2) (grants for police purposes to the Receiver) for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”
Marginal Citations
101U.K.In section 93 of the M551Police Act 1996 (acceptance of gifts and loans) subsection (3) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
Marginal Citations
102(1)Section 95 of the M552Police Act 1996 (which provides for expenditure on special constables and police cadets to be paid out of the metropolitan police fund and which, so far as relating to that fund, is unnecessary in view of the amendment made to section 14) shall be amended as follows.U.K.
(2)The following words shall cease to have effect—
(a)“the metropolitan police fund and”;
(b)“respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State)”;
(c)in paragraph (a), “the metropolitan police district or”; and
(d)in paragraph (b), “the metropolitan police force or”.
(3)The sidenote to the section accordingly becomes “The City of London police fund.”
Marginal Citations
103(1)Section 96 of the M553Police Act 1996 (arrangements to be made for each police area for obtaining the views of the community about policing) shall be amended as follows.U.K.
(2)In subsection (2)—
(a)for “subsections (3) to (6)” there shall be substituted “ subsection (6) ”; and
(b)after “chief constable” there shall be inserted “ or, in the case of the metropolitan police district, the Commissioner of Police of the Metropolis, ”.
(3)Subsections (3) to (5) (which make provision about consultation about arrangements for the metropolitan police district) shall cease to have effect.
Marginal Citations
104U.K.After section 96 of the M554Police Act 1996 there shall be inserted—
(1)The Secretary of State and the Metropolitan Police Authority may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.
(2)If the Secretary of State is of the opinion that the metropolitan police force is not performing any or all of its national or international functions—
(a)to the standard specified in any agreement in force under subsection (1), or
(b)if no agreement is in force under that subsection in relation to the function or functions in question, to a standard which the Secretary of State considers to be satisfactory,
he may direct the Metropolitan Police Authority to take such measures as may be specified in the direction.
(3)The Metropolitan Police Authority shall comply with any directions given under subsection (2).
(4)For the purposes of this section “national or international functions” means functions relating to—
(a)the protection of prominent persons or their residences,
(b)national security,
(c)counter-terrorism, or
(d)the provision of services for any other national or international purpose.
(1)In its application to the Metropolitan Police Authority, section 6 shall have effect as if the reference in subsection (1) to securing the maintenance of an efficient and effective police force for the metropolitan police district included a reference to securing that that force discharges its national or international functions efficiently and effectively.
(2)In its application to the Metropolitan Police Authority, section 7(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.
(3)In its application to the Metropolitan Police Authority, section 8 shall have effect as if—
(a)the reference in subsection (1) to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions, and
(b)the reference in subsection (2)(c) to any performance targets established by the Authority excluded any standards of performance established by it in pursuance of an agreement under subsection (1) of section 96A or a direction under subsection (2) of that section.
(4)In its application to the Metropolitan Police Authority, section 9(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.
(5)In their application to the metropolitan police force, sections 22 and 44 shall have effect as if references to policing the metropolitan police district included references to the discharge by the metropolitan police force of its national or international functions.
(6)Section 95(1) and (3) of the Greater London Authority Act 1999 (minimum budget for Metropolitan Police Authority) shall have effect as if the references to restoring or maintaining an efficient and effective police force for the metropolitan police district included references to securing that that force discharges its national or international functions efficiently and effectively.
(7)Subsection (4) of section 96A shall apply for the purposes of this section as it applies for the purposes of that section.”
Marginal Citations
F1057105E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1057Sch. 27 para. 105 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(ii) (with art. 7)
F1058106E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1058Sch. 27 para. 106 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(ii) (with art. 7)
107(1)Schedule 6 to the M555Police Act 1996 (appeals to police appeals tribunals) shall be amended as follows.U.K.
(2)In paragraph 2 (membership of panel for officers who are not senior officers) in paragraph (1)(b) the words from “or” onwards (which relate to the case where the Secretary of State is the police authority) shall cease to have effect.
Marginal Citations
F1059108U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1059Sch. 27 para. 108 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10; S.I. 2005/910, art. 3(aa)
109(1)The M556Police (Insurance of Voluntary Assistants) Act 1997 shall be amended as follows.U.K.
(2)Section 2 (which makes, in relation to the metropolitan police force and the Receiver, provision corresponding to that made by section 1 in relation to other police authorities and which, in consequence of this Act, is no longer necessary) shall cease to have effect.
Marginal Citations
F1060110U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1060Sch. 27 para. 110 repealed (1.8.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2001/2223, art. 3(j)(l)(iii)
F1061111U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1061Sch. 27 para. 111 repealed (1.8.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2001/2223, art. 3(j)(l)(iii)
112U.K.In section 119 of the M557Police Act 1997 (sources of information) in subsection (3) (payment to appropriate police authority) the words “or, in the case of the metropolitan police force, the Receiver for the Metropolitan Police District,” shall cease to have effect.
Marginal Citations
113(1)Schedule 1 to the Police Act 1997 (appointment of members of the NCS and NCIS Service Authorities) shall be amended as follows.U.K.
(2)In paragraph 4 (appointment of core members by local authority members of police authorities)—
(a)at the beginning there shall be inserted “ (1) ”, and
(b)for “Three” there shall be substituted “ Four ”.
F1062(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The following provisions—
(a)paragraph 5 (appointment by Secretary of State in his capacity as police authority for metropolitan police district),
(b)paragraph 8(4) (Secretary of State prohibited from appointing additional member of NCIS Service Authority to represent him in that capacity), and
(c)paragraph 10(4) (corresponding prohibition in respect of appointment of additional member of NCS Service Authority),
shall cease to have effect.
(5)In paragraph 14(a) (meaning of “local authority members of police authorities”) for “to the Police Act 1996 (local authority members)” there shall be substituted “ or paragraph 2 of Schedule 2A to the Police Act 1996 (local authority members and London Assembly members of the Metropolitan Police Authority) ”.
(6)In paragraph 16 (which makes provision for the application of Schedule in the case of the Commissioner and Assistant Commissioners of Police of the Metropolis and the Commissioner of Police for the City of London) for the words from “the Commissioner and” onwards there shall be substituted “ the Commissioner of Police for the City of London shall be treated as if he were a member of the City of London police force. ”
Textual Amendments
F1062Sch. 27 para. 133(3) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provision in art. 4)
F1063114U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1063Sch. 27 para. 110 repealed (1.8.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2001/2223, art. 3(j)(l)(iii)
F1064115E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1064Sch. 27 para. 115 repealed (1.8.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2001/2223, art. 3(j)(l)(iii)
Prospective
116U.K.In section 1(3) of the M558Local Government (Contracts) Act 1997 (local authorities for the purposes of the Act) at the end of paragraph (b) there shall be inserted “ and ” and paragraph (c) (the Receiver) shall cease to have effect.
Marginal Citations
Section 327A
Textual Amendments
F1065Sch. 27A inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 for the insertion of Sch. 27A paras. 1-3, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 15; S.I. 2018/227, regs. 2(b)(iii), 4(c)
1(1)The terms and conditions on which the London Fire Commissioner is appointed are to be determined by the Mayor.U.K.
(2)A person holds and vacates office as the London Fire Commissioner in accordance with the terms and conditions of the person's appointment.
(3)Sub-paragraph (2) is subject to section 327C (suspension and removal of London Fire Commissioner).
2(1)The person who is the London Fire Commissioner is to be paid such remuneration, allowances and gratuities as may be provided for under the terms and conditions of the Commissioner's appointment.U.K.
(2)In sub-paragraph (1) “allowances”, in relation to the London Fire Commissioner, means allowances in respect of expenses incurred by the person in the performance of the Commissioner's functions.
(3)There is to be paid—
(a)a pension to, or in respect of, a person who has been the London Fire Commissioner, or
(b)amounts for or towards the provision of a pension to, or in respect of, such a person,
in accordance with the terms and conditions of the Commissioner's appointment.
(4)Payments under this paragraph are to be made by the London Fire Commissioner.
(5)In determining the London Fire Commissioner's terms and conditions relating to these matters, the Mayor must have regard to the financial resources of the Commissioner.
3(1)The London Fire Commissioner may exercise the power in section 112 of the Local Government Act 1972 (appointment of staff) to appoint a Deputy London Fire Commissioner.U.K.
(2)The Deputy London Fire Commissioner may exercise any or all of the powers and duties of the London Fire Commissioner—
(a)during any absence, incapacity or suspension from duty of the Commissioner,
(b)during any vacancy in the office of Commissioner, or
(c)at any other time, with the consent of the Commissioner.
(3)The Deputy London Fire Commissioner may not act under sub-paragraph (2)(a) or (b) for a continuous period of three months or more without the consent of the Mayor.
4(1)The following amounts must be paid by the London Fire Commissioner—U.K.
(a)any damages or costs awarded against the Commissioner in any proceedings brought against the Commissioner in respect of the acts or omissions of an officer employed by the Commissioner;
(b)any costs incurred by the Commissioner in any such proceedings so far as not recovered by the Commissioner in the proceedings;
(c)any sum required in connection with the settlement of any claim made against the Commissioner in respect of the acts or omissions of an officer employed by the Commissioner, if the settlement is approved by the Mayor.
(2)The London Fire Commissioner may, in such cases and to such extent as appears to the Commissioner to be appropriate, pay—
(a)any damages or costs awarded against an officer employed by the Commissioner in proceedings for any unlawful conduct of that officer,
(b)any costs incurred and not recovered by such an officer in such proceedings, and
(c)any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.]
Section 328.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1066Sch. 28 omitted (E.W.) (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 16; S.I. 2018/227, reg. 4(c)
Section 328.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1067Sch. 29 omitted (E.W.) (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 17; S.I. 2018/227, reg. 4(c)
Section 375.
1(1)The Cultural Strategy Group for London shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W+S
(2)The members and staff of the Cultural Strategy Group for London shall not be regarded as civil servants, and its property shall not be regarded as property of, or held on behalf of, the Crown.
(3)It shall be within the capacity of the Cultural Strategy Group for London to do such things and enter into such transactions as are calculated to facilitate, or are conducive or incidental to, the discharge of its functions under this Act.
(4)The Cultural Strategy Group for London may acquire and hold land for the purpose of enabling or facilitating the discharge of its functions.
Prospective
2(1)The Cultural Strategy Group for London shall consist of not fewer than 10 nor more than 25 members.E+W+S
(2)The members shall be appointed by the Mayor.
(3)The members shall be individuals—
(a)who are representatives of such bodies concerned with relevant matters as the Mayor considers appropriate; or
(b)who have knowledge, experience or expertise which is relevant to the functions of the Cultural Strategy Group for London.
(4)Before making any appointment of a member, the Mayor shall consult such bodies or persons as he considers appropriate.
(5)Before making an appointment by virtue of sub-paragraph (3)(a) above, the Mayor shall consult the body concerned.
(6)In sub-paragraph (3)(a) above “relevant matters” means any of the matters in relation to which the culture strategy may contain policies.
3E+W+SThe Mayor shall appoint one of the members of the Cultural Strategy Group for London to chair it.
4(1)The members of the Cultural Strategy Group for London shall hold and vacate office in accordance with the terms of their appointment.E+W+S
(2)The terms of appointment of a member shall be such as the Mayor may determine.
(3)But a member may at any time resign his membership by giving notice to the Mayor.
(4)A person who ceases to be a member shall be eligible for re-appointment.
5E+W+SThe Mayor may pay the members of the Cultural Strategy Group for London allowances in respect of travel or other expenses properly incurred by them.
6(1)The Cultural Strategy Group for London may appoint such staff as it considers necessary for assisting it in the exercise of any of its functions.E+W+S
(2)The staff of the Cultural Strategy Group for London shall be appointed on such terms and conditions (including conditions as to remuneration) as the Cultural Strategy Group for London shall determine.
7E+W+SThe Mayor may provide the Cultural Strategy Group for London with sums of money towards defraying expenses properly incurred by the Cultural Strategy Group for London in carrying out its functions.
8(1)The quorum of the Cultural Strategy Group for London and the arrangements relating to its meetings shall be such as it may determine.E+W+S
(2)The validity of proceedings of the Cultural Strategy Group for London is not affected—
(a)by any vacancy among the members or any defect in the appointment of any member; or
(b)by any failure to make, or any defect in, an appointment under paragraph 3 above.
9(1)The application of the seal of the Cultural Strategy Group for London shall be authenticated by the signature of any member, or any member of staff, of the Cultural Strategy Group for London who has been authorised for the purpose, whether generally or specially, by the Cultural Strategy Group for London.E+W+S
(2)In sub-paragraph (1) above the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 10 below, the word “signed” shall be construed accordingly.
10(1)Any document which the Cultural Strategy Group for London is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Cultural Strategy Group for London by any member, or any member of staff, of the Cultural Strategy Group for London who has been authorised for the purpose, whether generally or specially, by the Cultural Strategy Group for London.E+W+S
(2)Every document purporting to be an instrument made or issued by or on behalf of the Cultural Strategy Group for London and to be duly executed under the seal of the Cultural Strategy Group for London, or to be signed or executed by a person authorised by the Cultural Strategy Group for London for the purpose, shall be received in evidence and be treated, without further proof, as being so made or so issued unless the contrary is shown.
(3)Any notice which is required or authorised, by or under any provision of any other Act, to be given, served or issued by, to or on the Cultural Strategy Group for London shall be in writing.
Section 409.
1E+W+SIn this Schedule—
“Crown scheme” means a scheme under subsection (1) of section 409 of this Act;
“ordinary scheme” means a scheme under subsection (2) of section 409 of this Act;
“predecessor bodies” means the bodies or persons falling within subsection (3) of section 408 of this Act;
“successor bodies” means the bodies or persons falling within subsection (2) of section 408 of this Act;
“transfer scheme” means a Crown scheme or an ordinary scheme.
2(1)A transfer scheme shall by virtue of this paragraph take effect in accordance with the provisions of the scheme on such day or days as may be appointed by the scheme.E+W+S
(2)A transfer scheme may make provision for transfers to take effect at such time of day as may be specified in the scheme.
3(1)A Crown scheme may also contain provision—E+W+S
(a)for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the transferor;
(b)for the creation of any rights or liabilities as between two or more of the successor bodies, or as between one or more of them and the Crown;
(c)for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more of the successor bodies, or by or against one or more of them and the Crown;
(d)for imposing on any two or more of the successor bodies, or on one or more of them and the Crown, an obligation to enter into written agreements with, or execute other instruments in favour of, each other.
(2)A Crown scheme may also contain provision—
(a)for the creation in favour of any of the successor bodies of an interest in or right over property retained by the Crown;
(b)for the creation in favour of any of the successor bodies of an interest in or right over property which the scheme transfers to another of those bodies.
4(1)Where any of the predecessor bodies is required to make an ordinary scheme, it shall submit the scheme to the relevant Minister for his approval before such date as he may direct.E+W+S
(2)Where a scheme is submitted under sub-paragraph (1) above, the relevant Minister may approve the scheme either with or without modification.
(3)Before giving his approval under sub-paragraph (2) above, the relevant Minister must consult—
(a)the transferor;
(b)such of the successor bodies as have been established and are affected by the scheme; and
(c)if the scheme makes provision by virtue of subsection (7) of section 409 of this Act, the trustees or managers, or the administrators, of any existing pension scheme in relation to which provision is made.
(4)A scheme required to be submitted under sub-paragraph (1) above shall not take effect unless approved under sub-paragraph (2) above.
(5)In this paragraph “the relevant Minister”, in relation to an ordinary scheme, means the Minister of the Crown who gave the direction under section 409(2) of this Act to make the scheme.
5(1)A Minister of the Crown who has given a direction under subsection (2) of section 409 of this Act may, after consultation with the transferor and such of the successor bodies as are affected, make an ordinary scheme himself if—E+W+S
(a)he decides not to approve (with or without modifications) a scheme submitted to him pursuant to the direction before the date specified for the purpose under paragraph 4(1) above, or
(b)no ordinary scheme is submitted to him pursuant to the direction for approval before that date.
(2)Nothing in sub-paragraph (1) above shall prevent a Minister of the Crown from approving a scheme submitted to him after the date specified in relation to it under paragraph 4(1) above.
(3)A scheme made by a Minister of the Crown under sub-paragraph (1) above shall be treated for all purposes as having been made by the transferor and approved by the Minister.
6E+W+SAn ordinary scheme may also contain provision—
(a)for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the transferor;
(b)for the creation in favour of any of the successor bodies of—
(i)an interest in or right over property retained by the transferor; or
(ii)an interest in or right over property which the scheme transfers to another of those bodies;
(c)for the creation of any rights or liabilities as between two or more of the successor bodies or as between one or more of those bodies and the transferor;
(d)for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more of the successor bodies, or by or against one or more of those bodies and the transferor;
(e)for imposing on any two or more of the successor bodies, or on one or more of those bodies and the transferor, an obligation to enter into written agreements with, or execute other instruments in favour of, each other.
7(1)A transfer scheme may contain incidental, consequential, supplemental or transitional provision and savings.E+W+S
(2)A transfer scheme may make different provision for different purposes.
Section 411.
1(1)In this Schedule—E+W+S
“employment” means employment under a contract of service or apprenticeship (whether express or implied and, if express, whether oral or in writing) and related expressions shall be construed accordingly;
“LRT pension scheme” means any occupational pension scheme for the provision of pensions for or in respect of persons with service in the employment of London Regional Transport or a subsidiary of London Regional Transport (whether or not pensions may also be provided under the scheme for or in respect of persons without such service);
“LRT welfare scheme” means a scheme (other than a pension scheme) for the provision, whether directly or indirectly, of benefits for or in respect of persons with service in the employment of London Regional Transport or a subsidiary of London Regional Transport (whether or not benefits may also be provided under the scheme for or in respect of persons without such service);
“occupational pension scheme” has the meaning given in section 1 of the M559Pension Schemes Act 1993;
“order” means an order made by the Secretary of State under section 411(1) of this Act;
“prescribed” means specified in, or determined in accordance with, an order.
(2)Subject to sub-paragraph (1) above, expressions used in this Schedule and in section 411 of this Act have the same meaning in this Schedule as they have in that section.
Commencement Information
I215Sch. 32 para. 1: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order
Marginal Citations
2(1)In the case of any LRT pension scheme, the provision that may be made by order under section 411(1) of this Act includes provision for or in connection with—E+W+S
(a)the allocation of assets, rights, liabilities or obligations between different sections of the scheme;
(b)securing that the scheme continues to be [F1068registered or] approved for the purposes of the relevant enactments, notwithstanding any transfers made by or under this Act or any qualifying transaction.
(2)In sub-paragraph (1) above—
“qualifying transaction” means any relevant transaction, within the meaning of paragraph 3 below, as a result of which a person is or becomes a protected person for the purposes of that paragraph;
“the relevant enactments” means—
Textual Amendments
F1068Words in Sch. 32 para. 2(1)(b) inserted (6.4.2006) by The Taxation of Pension Schemes (Consequential Amendments) Order 2006 (S.I. 2006/745), arts. 1, 14(a)
F1069Words in Sch. 32 para. 2(2) substituted (6.4.2006) by The Taxation of Pension Schemes (Consequential Amendments) Order 2006 (S.I. 2006/745), arts. 1, 14(b)
Commencement Information
I216Sch. 32 para. 2: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order
Marginal Citations
3(1)For the purposes of this paragraph, a “protected person” is a person—U.K.
(a)who, as a result of any prescribed relevant transaction, becomes, or since 20th March 1998 has become, an employee of a private sector company; and
(b)who, immediately before becoming such an employee, was an employee of London Regional Transport or a subsidiary of London Regional Transport.
(2)The Secretary of State may by order make provision for the purpose of securing that no protected person (and, accordingly, no person who is or may become entitled to a pension in respect of a protected person) ceases to be overall in materially at least as good a position, as respects pension arrangements, as a result of—
(a)the relevant transaction by reason of which the protected person is such a person; or
(b)any pensions order made in connection with that relevant transaction.
(3)The provision that may be made by virtue of sub-paragraph (2) above is provision for the purpose of securing that a protected person has the right—
(a)for so long as the appropriate conditions are satisfied, to continue to participate as a contributing member in any prescribed LRT pension scheme in which he was participating as such a member immediately before the relevant transaction, and
(b)for so long as his period of continuous employment is not broken, to participate as a contributing member in a pension scheme under which the benefits to be provided to or in respect of him are overall materially at least as good as those provided under any [F1070prescribed LRT pension scheme] in which he was participating as a contributing member immediately before the relevant transaction,
subject to any provision made by virtue of sub-paragraph (6) below.
(4)For the purposes of sub-paragraph (3)(a) above, “the appropriate conditions” are—
(a)that the protected person continues to be a person employed in the London underground railway industry (whether or not with the same employer); and
(b)that any prescribed conditions with respect to continuity of employment are satisfied in his case.
(5)The provision that may be made by virtue of sub-paragraph (2) above includes provision for or in connection with the level of funding which is to be maintained in the case of any pension scheme of a prescribed description so far as relating to protected persons.
(6)An order made by virtue of sub-paragraph (2) above may make provision for such orders to cease to have effect in the case of any protected person if—
(a)he voluntarily withdraws from an occupational pension scheme, or
(b)he requests that his pension rights be transferred from an occupational pension scheme,
except in such circumstances or to such extent as may be prescribed.
(7)Circumstances may be prescribed in which—
(a)a break in the continuity of a person’s period of employment,
(b)a person’s ceasing to be a person employed in the London underground railway industry, or
(c)a person’s voluntary withdrawal from an occupational pension scheme,
shall be disregarded for prescribed purposes of this paragraph.
(8)Chapter I of Part XIV of the M561Employment Rights Act 1996 (continuous employment) shall apply for the purposes of this paragraph as it applies for the purposes of that Act.
(9)For the purposes of this paragraph—
(a)the persons who are to be regarded as “employed in the London underground railway industry” are those who are employed to carry on activities of a class or description specified for the purposes of this sub-paragraph in an order made by the Secretary of State; and
(b)the Secretary of State may so specify any class or description of activity which, in his opinion, falls within, or is related to or connected with, the London underground railway industry.
(10)In this paragraph—
“contributing member”, in the case of any pension scheme, means a member who makes, and whose employer makes in respect of him, contributions under the scheme;
“pensions order” means an order made otherwise than by virtue of this paragraph;
“private sector company” means any company other than a public sector operator, within the meaning of Chapter VII of Part IV of this Act;
“relevant transaction” means—
a transfer of shares in a subsidiary of London Regional Transport to a private sector company; or
a transfer of rights and liabilities under a contract of employment.
Textual Amendments
F1070Words in Sch. 32 para. 3(3)(b) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. I para. 11
Commencement Information
I217Sch. 32 para. 3: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order
Marginal Citations
4E+W+SIf the Secretary of State makes provision under this Act for or in connection with—
(a)enabling employees of Transport for London, or of a subsidiary of Transport for London, or of a private sector company (within the meaning of paragraph 3 above) to participate in an LRT pension scheme, or
(b)enabling Transport for London, a subsidiary of Transport for London or such a company to participate as an employer in such a scheme,
he may by order make provision requiring the trustees of the scheme or any other person whose approval or consent is necessary in connection with the doing of anything required to be done by virtue of the order to give that approval or consent.
Commencement Information
I218Sch. 32 para. 4: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order
5(1)The provision that may be made by order under section 411(1) of this Act includes provision with respect to the provision, under an LRT welfare scheme, of benefits for or in respect of persons who are or have been employees of—E+W+S
(a)London Regional Transport or any subsidiary of London Regional Transport; or
(b)Transport for London or any subsidiary of Transport for London.
(2)For the purposes of sub-paragraph (1) above, the provisions of section 411 of this Act, and of the other paragraphs of this Schedule, shall apply in relation to an LRT welfare scheme as they apply in relation to a pension scheme, but taking references in those provisions to pensions as references to benefits and construing references to pension rights accordingly.
(3)The Secretary of State may by order amend the [F1071articles] of any company which is the trustee of an LRT welfare scheme for or in connection with permitting directors or shareholders of the company to be persons who are officers or servants of Transport for London or a subsidiary of Transport for London.
[F1072In this sub-paragraph “company” means a company as defined in section 1(1) of the Companies Act 2006.]
(4)Any powers—
(a)which were vested in the London Transport Board in relation to an LRT welfare scheme, and
(b)which have not become vested in London Regional Transport by virtue of a transfer under section 16(1) of the M562Transport (London) Act 1969 or otherwise,
shall be deemed to be vested in London Regional Transport by virtue of such a transfer.
(5)Anything done at any time by or in relation to London Regional Transport—
(a)before the coming into force of sub-paragraph (4) above, and
(b)in reliance on any power deemed by that sub-paragraph to be vested in London Regional Transport,
shall be as valid and effective as if the power had at that time been vested in London Regional Transport.
Textual Amendments
F1071Word in Sch. 32 para. 5(3) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(9)(a) (with art. 10)
F1072Words in Sch. 32 para. 5(3) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 178(9)(b) (with art. 10)
Commencement Information
I219Sch. 32 para. 5: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any powers of a Minister of the Crown to make regulations or an order
Marginal Citations
Prospective
6E+W+SIn the application of section 411 of this Act in a case where the body or person falling within paragraph (b) of subsection (1) of that section is London Regional Transport or a subsidiary of London Regional Transport, paragraph (c) of that subsection shall have effect with the insertion, after “falling within paragraph (b) above”, of “or this paragraph”.
Section 419.
1E+W+SIn this Part of this Schedule—
“qualifying transfer” means a transfer of property, rights or liabilities by virtue of a transfer instrument;
“successor” means the body to which property, rights or liabilities are transferred by virtue of a transfer instrument;
“transfer date”, in the case of any transfer, means the date on which the transfer takes effect;
“transfer instrument” means—
an order under section 408 or 411 of this Act;
a scheme under section 409 of this Act; or
an instrument or agreement which is certified to the Commissioners of Inland Revenue by London Regional Transport as made in pursuance of such an order or scheme;
“transferor” in relation to any qualifying transfer, means the body from which the property, rights or liabilities in question are transferred by virtue of the transfer instrument in question.
2(1)For the purposes of the M563Taxation of Chargeable Gains Act 1992, where there is a qualifying transfer—E+W+S
(a)from London Regional Transport or any of its subsidiaries,
(b)to Transport for London or any of its immediate subsidiaries,
the transfer of the property, rights and liabilities to which it relates shall be deemed, in relation to the successor as well as the transferor, to be for a consideration such that neither a gain nor a loss accrues to the transferor.
(2)For the purposes of this paragraph a company is an “immediate subsidiary” of Transport for London if—
(a)it is a subsidiary of Transport for London; but
(b)it is not a subsidiary of another company which is a subsidiary of Transport for London.
Marginal Citations
3(1)For the purposes of section 179 of the M564Taxation of Chargeable Gains Act 1992 (company ceasing to be a member of a group) where, by virtue of a qualifying transfer from London Regional Transport or a subsidiary of London Regional Transport to Transport for London or a subsidiary of Transport for London, a company—E+W+S
(a)ceases to be a member of the same group of companies as London Regional Transport, but
(b)becomes a member of a group of companies whose principal company (“the new principal”), whether it is the company or not, is a subsidiary of Transport for London,
the company shall not under that section be treated, in consequence of having so ceased, as at any time having sold, and immediately reacquired, any asset acquired from a company which is or has been a member of the former group.
(2)Subject to sub-paragraph (3) below, where sub-paragraph (1) above applies, or but for subsection (2) of section 179 of the M565Taxation of Chargeable Gains Act 1992 would apply, as respects any acquisition of any asset and the company that acquired the asset ceases to be a member of the same group of companies as the new principal, that section shall have effect as if—
(a)that asset had been acquired from the body which is the new principal; and
(b)the company had been a member of the same group of companies as that body when it was so acquired;
and where, for the purposes of that subsection, this sub-paragraph applies as respects more than one of a number of successive acquisitions of any asset, the fact that each is to be treated as an acquisition from the same person shall be disregarded.
(3)Where—
(a)any asset has been acquired by any company (“the leaving company”) from another company,
(b)both of those companies cease at the same time to be members of the same group of companies as the new principal, and
(c)those companies are associated companies both immediately before and immediately after that time and at the time of the acquisition of the asset by the leaving company,
sub-paragraph (2) above shall not apply as respects the acquisition of the asset by the leaving company.
(4)Expressions used in this paragraph and in section 179 of the M566Taxation of Chargeable Gains Act 1992 have the same meaning in this paragraph as in that section.
4(1)This paragraph applies in relation to any qualifying transfer of relevant assets—E+W+S
(a)from London Regional Transport or any of its subsidiaries,
(b)to Transport for London or any of its subsidiaries.
(2)In this paragraph “relevant assets”, in the case of any qualifying transfer, means assets by reference to which capital allowances may be or have been made to the transferor.
(3)Where this paragraph applies in relation to a qualifying transfer of relevant assets—
(a)there shall be made to or on the successor in accordance with the [F1073the Capital Allowances Act 2001] all such allowances and charges as would, if the transferor had continued to carry on its trade or other activities, have fallen to be made to or on the transferor in respect of those assets; and
(b)the amount of any such allowance or charge shall be computed on a just basis as if—
(i)the acquisition of those assets by the transferor had been their acquisition by the successor for the purposes of the trade (if any) to be carried on by the successor on and after the transfer date;
(ii)the successor had been carrying on its trade (if any) at the time of that acquisition; and
(iii)everything done by or to the transferor in respect of those assets had been done by or to the successor (but so that the qualifying transfer itself, so far as it relates to any assets in use for the purpose of the trade, shall not be treated as giving rise to any such allowance or charge).
(4)The amounts falling to be taken into account in relation to the transferor as expenditure by reference to which capital allowances may be made shall be reduced, in relation to accounting periods beginning on or after the transfer date, by such amount as is just, taking into account the successor’s entitlement to capital allowances under sub-paragraph (3) above.
(5)The transferor’s entitlement to capital allowances for its accounting period in which the transfer date falls shall be reduced by an amount which is just.
(6)In the case of a qualifying transfer of relevant assets to Transport for London—
(a)in consequence of subsection (1) of section 419 of this Act, no allowances or charges are to be made to or on Transport for London by virtue of sub-paragraph (3) above; but
(b)sub-paragraphs (4) and (5) above shall have effect in relation to the transferor as if paragraph (a) had been omitted from that subsection.
(7)If any dispute arises as to the amount which is just for the purposes of sub-paragraph (3), (4) or (5) above—
(a)the Commissioners of Inland Revenue, the transferor or the successor may refer the dispute to the Secretary of State; and
(b)on any such reference, the amount which is just shall be such amount as the Secretary of State may determine with the approval of the Treasury.
(8)Neither—
(a)section 343(2) of the Taxes Act 1988 (company reconstructions without change of ownership), nor
(b)[F1074section 266 of the Capital Allowances Act 2001 (election where predecessor and successor are connected persons)],
shall have effect by virtue of a qualifying transfer in relation to which this paragraph applies.
[F1075(9)Except as provided by this paragraph, a qualifying transfer in relation to which this paragraph applies shall be taken for the purposes of the Capital Allowances Act 2001 not to give rise to—
(a)any writing-down allowances, balancing allowances or balancing charges under Chapter 5 of Part 2 of that Act (plant and machinery allowances and charges),
(b)any disposal value being treated as received for the purposes of that Chapter,
(c)any qualifying expenditure being treated as incurred for the purposes of that Chapter, or
(d)any writing-down allowances, balancing allowances or balancing charges under Part 3 of that Act (industrial buildings allowances).
(10)In this paragraph and paragraph 10 below “the Capital Allowances Act 2001” includes, where the context admits, enactments which under the Taxes Act 1988 are to be treated as contained in the Capital Allowances Act 2001.]
Textual Amendments
F1073Words in Sch. 33 para. 4(3) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(1)
F1074Words in Sch. 33 para. 4(8)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(2)
F1075Sch. 33 para. 4(9)(10) substituted for Sch. 33 para. 4(9) (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(3)
5(1)Paragraph 4 above shall have effect in relation to a preparatory transfer of relevant assets as it has effect in relation to a qualifying transfer in relation to which that paragraph applies.E+W+S
(2)For the purposes of this paragraph, a “preparatory transfer” is a transfer of property, rights or liabilities—
(a)from London Regional Transport to a subsidiary of London Regional Transport,
(b)from a subsidiary of London Regional Transport to London Regional Transport, or
(c)from a subsidiary of London Regional Transport to another such subsidiary,
by virtue of an instrument, or in pursuance of an agreement, which is certified to the Commissioners of Inland Revenue by London Regional Transport as made in preparation for, or in pursuance of, a qualifying transfer falling within sub-paragraph (3) below.
(3)A qualifying transfer falls within this sub-paragraph if it is a transfer of shares in a company which—
(a)immediately before the transfer is a subsidiary of London Regional Transport; but
(b)as a result of the transfer becomes instead a subsidiary of Transport for London.
6(1)In this Part of this Schedule—E+W+S
“PPP scheme” means a transfer scheme made in preparation for, or in pursuance of, a PPP agreement;
“predecessor”, in relation to any relevant transfer, means the body from which the property, rights or liabilities in question are transferred by virtue of the PPP scheme in question;
“private sector company” means a company which is not a public sector operator;
“relevant transfer” means a transfer of any property, rights or liabilities by virtue of a PPP scheme;
“transfer date”, in the case of a relevant transfer, means the date on which the transfer takes effect;
“transfer scheme” means a scheme made under or by virtue of section 9(6) of the M567London Regional Transport Act 1984;
“transferee”, in relation to a relevant transfer, means the body to which the property, rights or liabilities in question are transferred by virtue of the PPP scheme in question.
(2)Any reference in this Part of this Schedule to a PPP agreement includes a reference to a contract—
(a)which is not a PPP agreement, by reason of the condition in subsection (6) of section 210 of this Act remaining to be satisfied (whether or not the condition in subsection (5) of that section also remains to be satisfied); but
(b)as respects which London Regional Transport certifies to the Commissioners of Inland Revenue—
(i)that the contract is intended by the parties to become a PPP agreement; and
(ii)that such one or more of the parties as may be specified in the certificate are intended to become PPP companies.
(3)In the case of a contract falling within sub-paragraph (2) above, any reference in this Schedule to a PPP company includes a reference to any company in respect of which the certificate under paragraph (b)(ii) of that sub-paragraph is given.
(4)Except where the context otherwise requires, expressions used in this Part of this Schedule and in Chapter VII of Part IV of this Act have the same meaning in this Part of this Schedule as they have in that Chapter.
Marginal Citations
7E+W+SAny payment made by a relevant body to a company in pursuance of a PPP agreement shall be deemed for the purposes of the Corporation Tax Acts—
(a)in the case of the relevant body, to be an expense of a revenue, rather than a capital, nature (and deductible accordingly in computing profits under [F1076Part 3 of the Corporation Tax Act 2009]); and
(b)in the case of the company, to be a receipt of a trade carried on by the company (and taxable accordingly under [F1077Part 3 of the Corporation Tax Act 2009]).
Textual Amendments
F1076Words in Sch. 33 para. 7(a) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 296(a) (with Sch. 9 paras. 1-9, 22)
F1077Words in Sch. 33 para. 7(b) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 296(b) (with Sch. 9 paras. 1-9, 22)
8E+W+SFor the purposes of the M568Taxation of Chargeable Gains Act 1992, where pursuant to a PPP agreement there is a transfer of shares of a PPP company—
(a)from London Regional Transport or any of its subsidiaries,
(b)to a private sector company,
the transfer shall be deemed, in relation to the private sector company as well as the transferor, to be for a consideration such that neither a gain nor a loss accrues to the transferor.
Marginal Citations
9(1)For the purposes of section 179 of the M569Taxation of Chargeable Gains Act 1992 (company ceasing to be a member of a group) where, by virtue of a transfer of shares or an agreement to transfer shares from London Regional Transport or a subsidiary of London Regional Transport to a private sector company, a company (“the transferred company”) which is or is to be a party to a PPP agreement—E+W+S
(a)ceases to be a member of the same group of companies as London Regional Transport, but
(b)becomes a member of a group of companies (“the A group”) of which the private sector company is a member (or becomes a member by virtue of the transfer or agreement to transfer the shares),
the transferred company shall not under that section be treated, in consequence of having so ceased, as at any time having sold, and immediately reacquired, any asset acquired from a company which is or has been a member of the former group.
(2)Subject to sub-paragraph (3) below, where sub-paragraph (1) above applies, or but for subsection (2) of section 179 of the M570Taxation of Chargeable Gains Act 1992 would apply, as respects any acquisition of any asset and the company that acquired the asset ceases to be a member of the A group, that section shall have effect as if—
(a)the asset had been acquired from the principal company of the A group; and
(b)the company had been a member of the A group when it was so acquired;
and where, for the purposes of that subsection, this sub-paragraph applies as respects more than one of a number of successive acquisitions of any asset, the fact that each is to be treated as an acquisition from the same person shall be disregarded.
(3)Where—
(a)any asset has been acquired by any company (“the leaving company”) from another company,
(b)both of those companies cease at the same time to be members of the A group, and
(c)those companies are associated companies immediately before and immediately after that time and at the time of acquisition of the asset by the leaving company,
sub-paragraph (2) above shall not apply as respects the acquisition of the asset by the leaving company.
(4)Expressions used in this paragraph and in section 179 of the M571Taxation of Chargeable Gains Act 1992 have the same meaning in this paragraph as in that section.
10(1)This paragraph applies in relation to any relevant transfer—E+W+S
(a)from London Regional Transport to a subsidiary of London Regional Transport,
(b)from a subsidiary of London Regional Transport to London Regional Transport, or
(c)from a subsidiary of London Regional Transport to another such subsidiary,
which is certified to the Commissioners of Inland Revenue by London Regional Transport as made in preparation for, or in pursuance of, a PPP agreement.
(2)A PPP scheme which provides for a relevant transfer in relation to which this paragraph applies may include provision for amounts of expenditure by reference to which capital allowances may be made to the predecessor in relation to anything—
(a)to which the transfer relates, and
(b)which is specified, or of a description specified, for the purpose in the PPP scheme,
to be allocated to the transferee and treated for the purposes of the Corporation Tax Acts, as respects periods beginning on or after the transfer date, as expenditure by reference to which capital allowances may be made to the transferee instead of to the predecessor.
(3)Where an amount of expenditure is allocated under sub-paragraph (2) above to the transferee then, subject to sub-paragraph (4) below, there shall be made to or on the transferee in accordance with [F1078the Capital Allowances Act 2001] all such allowances and charges as would have fallen to be made to or on him had he incurred expenditure of that amount on the transfer date in the acquisition, for the purposes of a trade carried on by him, of anything falling within paragraphs (a) and (b) of sub-paragraph (2) above.
(4)For the purposes of the Corporation Tax Acts, only such amounts (if any) as may be specified in or determined in accordance with the PPP scheme providing for a relevant transfer shall be allocated to the transferee in respect of expenditure by reference to which capital allowances may be made by virtue of sub-paragraph (3) above in relation to anything to which the transfer relates.
(5)The allocation in accordance with sub-paragraphs (2) and (4) above of an amount of expenditure to the transferee shall affect the amounts falling to be taken into account in relation to the predecessor as expenditure by reference to which capital allowances may be made only so far as necessary to give effect to a reduction of any such amount by a sum equal to so much of that amount as is so allocated to the transferee.
(6)If the PPP scheme in question so provides, then, notwithstanding sub-paragraph (5) above,—
(a)the predecessor shall be entitled, for its accounting period in which the transfer date falls, to allowances, determined in accordance with the PPP scheme, in respect of the amount so allocated, but
(b)for that purpose that amount shall be treated as reduced to the amount which bears to it the proportion which that part of the accounting period which falls before the transfer date bears to twelve months;
and a PPP scheme which makes any such provision may also make provision for or in connection with the making of an adjustment, determined in accordance with the PPP scheme, in relation to the transferee’s entitlement to allowances.
(7)Subject to sub-paragraph (8) below, the provisions of a PPP scheme providing for the determination of any amount which for the purposes of sub-paragraphs (2) and (4) above is to be allocated, in the case of any relevant transfer, to the transferee may include provision—
(a)for such a determination to be made by the Secretary of State in such manner as may be described in the scheme;
(b)for any amount determined to be calculated by reference to such factors, or to the opinion of such person, as may be so described;
(c)for or in connection with the making of any related determinations under sub-paragraph (6) above; or
(d)for a determination under those provisions, or under sub-paragraph (6) above, to be capable of being modified, on one or more occasions, in such manner and in such circumstances as may be so described.
(8)The consent of the Treasury shall be required for the making or modification of a determination of any such amount as is mentioned in sub-paragraph (7) above.
(9)Neither section 343 of the Taxes Act 1988 (company reconstructions without change of ownership) nor [F1079section 266 of the Capital Allowances Act 2001 (election where predecessor and successor are connected persons)] shall have effect by virtue of a relevant transfer in relation to which this paragraph applies.
[F1080(10)Except as provided by this paragraph, a relevant transfer in relation to which this paragraph applies shall be taken for the purposes of the Capital Allowances Act 2001 not to give rise to—
(a)any writing-down allowances, balancing allowances or balancing charges under Chapter 5 of Part 2 of that Act (plant and machinery allowances and charges),
(b)any disposal value being treated as received for the purposes of that Chapter,
(c)any qualifying expenditure being treated as incurred for the purposes of that Chapter, or
(d)any writing-down allowances, balancing allowances or balancing charges under Part 3 of that Act (industrial buildings allowances).]
Textual Amendments
F1078Words in Sch. 33 para. 10(3) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(4)
F1079Words in Sch. 33 para. 10(9) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(5)
F1080Sch. 33 para. 10(10) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(6)
11(1)This paragraph applies where by or under, or otherwise in connection with, a PPP agreement a relevant body—E+W+S
(a)enters into an agreement to grant to a company a lease of, or an easement over, land which consists of or includes the whole or any part of a relevant site; or
(b)grants such a lease or easement to a company.
(2)In this paragraph “relevant site” means—
(a)an industrial building or structure, within the meaning of [F1081Part 3 of the Capital Allowances Act 2001]; or
(b)land which, in relation to any fixture, within the meaning of [F1082Chapter 14 of Part 2] of that Act, is the relevant land for the purposes of that Chapter.
(3)Where this paragraph applies, the relevant body shall be deemed for the purposes of the Corporation Tax Acts to have such an interest in the relevant site in question as is sufficient for the agreement or grant to confer an appropriate interest on the company to which the lease or easement is, or is to be, granted (and the agreement or grant shall accordingly be taken for those purposes to confer such an interest).
(4)For the purposes of sub-paragraph (3) above, an “appropriate interest”—
(a)in the case of a relevant site falling within sub-paragraph (2)(a) above, is such an interest in the industrial building or structure in question as is, or is capable of being, for the purposes of [F1083Part 3 of the Capital Allowances Act 2001] the relevant interest (within the meaning of that Part) in relation to capital expenditure incurred by the company; or
(b)in the case of a relevant site falling within sub-paragraph (2)(b) above, is such an interest in the land in question as constitutes for the purposes of [F1084Chapter 14 of Part 2 of the Capital Allowances Act 2001] an interest in land (within the meaning of that Chapter) by virtue of paragraph (c) or (d), as the case may be, of [F1085section 175(1)] of that Act.
(5)In this paragraph—
(a)any reference to granting a lease or easement includes a reference to purporting to do so; and
(b)any reference to a grant, or to a lease or easement, shall be construed accordingly.
(6)In this paragraph “lease” includes underlease.
Textual Amendments
F1081Words in Sch. 33 para. 11(2)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(7)(a)
F1082Words in Sch. 33 para. 11(2)(b) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(7)(b)
F1083Words in Sch. 33 para. 11(4)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(8)(a)
F1084Words in Sch. 33 para. 11(4)(b) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(8)(b)
F1085Words in Sch. 33 para. 11(4)(b) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(8)(c)
12(1)Nothing in—E+W+S
F1086(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)[F1087section 176(2) or (3)] of that Act, or
(c)[F1088sections 67 and 68.] of that Act,
shall, by reason only of any provision made by or under a PPP agreement, affect the entitlement of any company to capital allowances in respect of capital expenditure incurred by it.
(2)Where, in accordance with any provision made by or under a PPP agreement, any machinery or plant in respect of which a company has been entitled to allowances under [F1089Part 2 of the Capital Allowances Act 2001] falls to be transferred, on the expiration of the term of the PPP agreement, from the company—
(a)to a relevant body, or
(b)to such other body or person as a relevant body may specify in accordance with the PPP agreement,
the disposal constituted by that transfer shall be deemed for the purposes of that Part to be for a nil consideration, notwithstanding [F1090item 7 in the Table in section 61(2)] of that Act.
Textual Amendments
F1086Words in Sch. 33 para. 12(1)(a) repealed (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 580, Sch. 2 para. 105(9)(a), Sch. 4
F1087Words in Sch. 33 para. 12(1)(b) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(9)(b)
F1088Words in Sch. 33 para. 12(1)(c) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(9)(c)
F1089Words in Sch. 33 para. 12(2) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(10)(a)
F1090Words in Sch. 33 para. 12(2) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 105(10)(b)
13(1)Neither [F1091section 838 or 839] (limitation on tax reliefs) nor [F1092section 865 (leased trading assets: tax deduction not to exceed commercial rent)] of the [F1093Corporation Tax Act 2010][F1094, nor any of sections 681AD, 681AE and 681CC of the Income Tax Act 2007 (which make corresponding provision),] shall apply to any payment which falls to made under a PPP agreement.E+W+S
(2)[F1095Chapter 4 of Part 19] of [F1096the Corporation Tax Act 2010 and Chapter 4 of Part 12A of the Income Tax Act 2007] (assets leased to traders and others) shall not apply to, or by reason of, any such payment.
Textual Amendments
F1091Words in Sch. 33 para. 13(1) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 307(2)(a) (with Sch. 2)
F1092Words in Sch. 33 para. 13(1) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 307(2)(b) (with Sch. 2)
F1093Words in Sch. 33 para. 13(1) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 307(2)(c) (with Sch. 2)
F1094Words in Sch. 33 para. 13(1) inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 250(2) (with Sch. 9 paras. 1-9, 22)
F1095Words in Sch. 33 para. 13(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 307(3) (with Sch. 2)
F1096Words in Sch. 33 para. 13(2) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 250(3) (with Sch. 9 paras. 1-9, 22)
Section 423.
Commencement Information
I220Sch. 34 Pt. I partly in force; Sch. 34 Pt. I not in force at Royal Assent see s. 425(2); Sch. 34 Pt. I in force at 12.1.2000 for certain repeals by S.I. 1999/3434, art. 2, Sch. 2 Table 1; Sch. 34 Pt. I in force at 3.7.2000 for certain repeals by S.I. 1999/3434, art. 4, Sch. 2 Table 2
Chapter | Short title | Extent of repeal |
---|---|---|
9 & 10 Eliz. 2 c. 62. | The Trustee Investments Act 1961. | In Schedule 1, in Part II, in paragraph 9(d), the words “the Receiver for the Metropolitan Police District or”. |
1965 c. 63. | The Public Works Loans Act 1965. | In section 2(1)(a), the word “and” immediately preceding sub-paragraph (iii). |
1968 c. 13. | The National Loans Act 1968. | In Schedule 4, in paragraph 1, in paragraph (a) of the definition of “local authority”, the word “and” immediately preceding sub-paragraph (iii). |
1972 c. 70. | The Local Government Act 1972. | In section 168(5), the word “and” at the end of paragraph (b). |
1982 c. 41. | The Stock Transfer Act 1982. | In Schedule 1, paragraph 7(1)(c) and the word “or” immediately preceding it. |
1988 c. 41. | The Local Government Finance Act 1988. | In section 47(9)(b), the words “the Receiver for the Metropolitan Police District or”. |
In section 111(3), the word “and”. | ||
1989 c. 42. | The Local Government and Housing Act 1989. | In section 39(3), paragraph (e) and the word “or” immediately preceding it. |
Section 155(4)(f). | ||
Section 157(6)(f). | ||
1992 c. 14. | The Local Government Finance Act 1992. | Section 19(3)(e). |
Section 39(1)(e) and (f). | ||
In section 43(5A), paragraph (b) and the word “and” immediately preceding it. | ||
In section 46, subsections (2)(d), (3)(d) and (4). | ||
In section 53(1), the words “other than the Receiver for the Metropolitan Police District”. | ||
In section 65(3), the words “other than the Receiver for the Metropolitan Police District”. | ||
In Schedule 4, in paragraph 5(8)(a), the words “other than the Receiver for the Metropolitan Police District”. | ||
1999 c. 22. | The Access to Justice Act 1999. | In Schedule 10, paragraph 40. |
Commencement Information
I221Sch. 34 Pt. II partly in force; Sch. 34 Pt. II not in force at Royal Assent see s. 425(2); Sch. 34 Pt. II in force for specified purposes at 3.7.2000 by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
I222Sch. 34 Pt. 2 in force at 15.7.2003 for specified purposes by S.I. 2003/1920, art. 2(h)
Chapter | Short title | Extent of repeal |
---|---|---|
10 & 11 Eliz. 2 c. 46. | The Transport Act 1962. | Section 67(2A). |
Section 67(15)(b). | ||
In section 67(16), the words “and London Regional Transport”. | ||
1984 c. 32. | The London Regional Transport Act 1984. | The whole Act. |
1985 c. 67. | The Transport Act 1985. | Part II. |
Section 107. | ||
1988 c. 41. | The Local Government Finance Act 1988. | In section 88(2), paragraphs (c) and (d). |
1992 c. xvi. | The London Regional Transport (Penalty Fares) Act 1992. | The whole Act. |
1993 c. 43. | The Railways Act 1993. | Section 2(1). |
Chapter | Short title | Extent of repeal |
---|---|---|
1993 c. viii. | The London Docklands Railway (Lewisham) (No.2) Act 1993. | Section 3(3) and (6). |
1994 c. xi. | The Croydon Tramlink Act 1994. | In section 50, subsection (3), in subsection (7), the words from “and to such person” onwards and subsection (9). |
Chapter | Short title | Extent of repeal |
---|---|---|
1974 c. 7. | The Local Government Act 1974. | In section 25(1), the word “and” preceding paragraph (d). |
Commencement Information
I223Sch. 34 Pt. V partly in force; Sch. 34 Pt. V not in force at Royal Assent see s. 425(2); Sch. 34 Pt. V in force for specified purposes at 3.7.2000 by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Chapter | Short title | Extent of repeal |
---|---|---|
32 & 33 Vict. c.115. | The Metropolitan Public Carriage Act 1869. | In section 7, the words “by the said Secretary of State”. |
1968 c. 7. | The London Cab Act 1968. | In section 2(3), the words from “and shall be exercisable” to the end of the subsection. |
In section 4A(3), the words from “and shall be exercisable” to the end of the subsection. | ||
1981 c. 56. | The Transport Act 1981. | Section 35(1) and (2). |
1985 c. 67. | The Transport Act 1985. | In section 10, in subsection (5)(c), the words “if made otherwise than by the Secretary of State”, in subsection (8), the words “Except in the case of a scheme made by the Secretary of State,” and subsection (10). |
1989 c. 43. | The Statute Law (Repeals) Act 1989. | In Schedule 2, in Part II, paragraph 7. |
1998 c. 34. | The Private Hire Vehicles (London) Act 1998. | Section 38. |
Chapter | Short title | Extent of repeal |
---|---|---|
1980 c. 66. | The Highways Act 1980. | Section 90E(3). |
1984 c. 27. | The Road Traffic Regulation Act 1984. | Sections 12 and 13. |
In section 26(4)(a), the words “and the commissioner of police of the metropolis”, “or him” and “or metropolitan police district”. | ||
Section 27. | ||
In section 45(1), in the second paragraph, the words “outside Greater London”. | ||
In section 55(4), the word “and” immediately preceding paragraph (d). | ||
In section 73(1), the words “in their area”. | ||
Section 76. | ||
1985 c. 51. | The Local Government Act 1985. | In Schedule 4, paragraph 53. |
In Schedule 5, paragraph 5. | ||
In Schedule 5, in paragraph 6, in sub-paragraph (1) the words “Greater London or” and “Greater London or, as the case may be,” and paragraph (a), sub-paragraph (2)(b) and the word “and” immediately preceding it, in sub-paragraph (3) the words from the beginning to “(1)(a) above, and”, in sub-paragraph (4) the words “a London borough or” and “Greater London or, as the case may be,”, in sub-paragraph (6)(a) the words “London borough or” and sub-paragraph (7). | ||
In Schedule 5, in paragraph 7(2), the words “London borough or”. | ||
In Schedule 5, in paragraph 10(1) and (7) the words “Greater London or”. | ||
In Schedule 5, in paragraph 11, the words “London borough or”. | ||
In Schedule 5, in paragraph 12, in sub-paragraph (1) the words “or the Greater London Council”, sub-paragraph (2)(b) and the word “and” immediately preceding it, and sub-paragraph (3)(a). | ||
In Schedule 5, in paragraph 13, in paragraph (c) the words “or London borough” and paragraph (d) and the word “and” immediately preceding it. | ||
1991 c. 40. | The Road Traffic Act 1991. | Sections 50 to 63. |
In section 73(2), the words “and section 74 of this Act”. | ||
Section 80. | ||
Schedule 5. |
Commencement Information
I224Sch. 34 Pt. VII partly in force; Sch. 34 Pt. VII not in force at Royal Assent see s. 425(2); Sch. 34 Pt. VII in force for specified purposes at 1.4.2000 by S.I. 1999/3271, art. 4(d); Sch. 34 Pt. VII in force for specified purposes at 3.7.2000 by S.I. 2000/1648, art. 2, Sch.
Chapter | Short title | Extent of repeal |
---|---|---|
10 Geo. 4 c. 44. | The Metropolitan Police Act 1829. | Section 1. |
Sections 4 and 5. | ||
Sections 10 to 12. | ||
Section 22. | ||
19 & 20 Vict. c. 2. | The Metropolitan Police Act 1856. | Section 2. |
Sections 6 to 8. | ||
24 & 25 Vict. c. 124. | The Metropolitan Police (Receiver) Act 1861. | Section 1 |
Section 5. | ||
Section 9. | ||
30 & 31 Vict. c. 39. | The Metropolitan Police (Receiver) Act 1867. | Section 1. |
49 & 50 Vict. c. 22. | The Metropolitan Police Act 1886. | Section 2. |
Section 4. | ||
Sections 6 and 7. | ||
49 & 50 Vict. c. 38. | The Riot (Damages) Act 1886. | In section 9, in the definition of the expression “compensation authority” paragraph (b) and, in paragraph (c), the word “other”. |
50 & 51 Vict. c. 45. | The Metropolitan Police Act 1887. | The whole Act. |
58 & 59 Vict. c. 12. | The Metropolitan Police (Receiver) Act 1895. | The whole Act. |
60 & 61 Vict. c. 26. | The Metropolitan Police Courts Act 1897. | The whole Act. |
60 & 61 Vict. c. 30. | The Police (Property) Act 1897. | In section 2(2B), in paragraph (a), the words “listed in Schedule 1 to the Police Act 1996 or the City of London police area”, and paragraph (b). |
62 & 63 Vict. c. 26. | The Metropolitan Police Act 1899. | Section 1. |
9 Edw. 7 c. 40. | The Police Act 1909. | Section 1. |
26 Geo. 5 & 1 Edw. 8 c. 47. | The Crown Lands Act 1936. | In section 1, the proviso to subsection (4). |
In section 3, in subsection (1), the words “or offices for the metropolitan police” and subsection (2). | ||
2 & 3 Geo. 6 c. xcvii. | The London Building Acts (Amendment) Act 1939. | Section 151(1)(bb). |
11 & 12 Geo. 6 c. 26. | The Local Government Act 1948. | Section 121. |
7 & 8 Eliz. 2 c. 45. | The Metropolitan Magistrates’ Courts Act 1959. | In section 4(2), the words “, or of the metropolitan police force,”. |
1964 c. 42. | The Administration of Justice Act 1964. | In section 38(1), the definition of “the Receiver”. |
1967 c. 88. | The Leasehold Reform Act 1967. | In section 28(5)(a), the word “and” where second occurring. |
1968 c. 27. | The Firearms Act 1968. | In section 57(4), paragraph (b) and the word “or” immediately preceding it. |
1972 c. 70. | The Local Government Act 1972. | In section 107(1)(a), the words “other than the Secretary of State”. |
In section 146A(1), the word “and” where first occurring. | ||
1974 c. 7. | The Local Government Act 1974. | In section 1(6), paragraph (a) and the words “of the Receiver for the Metropolitan Police District or”. |
1975 c. 24. | The House of Commons Disqualification Act 1975. | In Schedule 1, in Part III, the entries relating to the offices of Commissioner or Assistant Commissioner of Police of the Metropolis, officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and Receiver for the Metropolitan Police District. |
1975 c. 25. | The Northern Ireland Assembly Disqualification Act 1975. | In Schedule 1, in Part III, the entries relating to the offices of Commissioner or Assistant Commissioner of Police of the Metropolis, officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and Receiver for the Metropolitan Police District. |
1980 c. 65. | The Local Government, Planning and Land Act 1980. | In section 54, in subsection (1), the words “and the Receiver”; subsection (7)(a); in subsection (9), paragraph (b) and the word “plus” immediately preceding it; in subsection (10) the words “of the Receiver or”; and subsection (11). |
1982 c. 36. | The Aviation Security Act 1982. | Section 26(4). |
In section 29(2)(a), the words from “(or,” to “metropolis)”. | ||
Section 29(3). | ||
In section 30(3)(c), the words from “or, if that area is the metropolitan” onwards. | ||
In section 31(1), the definition of “members of the metropolitan civil staffs”. | ||
1982 c. 50. | The Insurance Companies Act 1982. | In Schedule 2, in Part I, in entry number 1, in the third column, the words “or section 2 of the Police (Insurance of Voluntary Assistants) Act 1997”. |
1984 c. 27. | The Road Traffic Regulation Act 1984. | In section 97, in subsection (1), the words “employed outside the metropolitan police district” and subsection (4). |
1984 c. 33. | The Rates Act 1984. | In section 1(4)(a), the words “or by the Receiver for the Metropolitan Police District”. |
1988 c. 41. | The Local Government Finance Act 1988. | Section 126(5). |
1988 c. 52. | The Road Traffic Act 1988. | Section 124(3). |
In section 144(2)(b) the words “or the Receiver for the Metropolitan Police District” and “or employed by the Receiver”. | ||
1990 c. 8. | The Town and Country Planning Act 1990. | In section 336(1), in paragraph (a) of the definition of “local authority” the words “(except the Receiver for the Metropolitan Police District)”. |
1994 c. 23. | The Value Added Tax Act 1994. | In section 33(3)(f), the words “and the Receiver for the Metropolitan Police District”. |
1996 c. 16. | The Police Act 1996. | In section 1(3), the words “but excluding any part of it within the metropolitan police district”. |
Section 22(7). | ||
Section 25(2). | ||
Section 26(7). | ||
Section 28(4). | ||
In section 29, paragraph (a) and, in paragraph (b), the words “in any other case”. | ||
In section 32, in subsection (3)(a), the words “(other than the metropolitan police district)” and subsection (5). | ||
In section 33(1)(a), the words “(other than the metropolitan police authority)”. | ||
Section 44(5). | ||
In section 55(3)(a) and (6), the words “(except where he is himself the police authority)”. | ||
In section 65, in the definition of “the appropriate authority”, paragraph (a) and the word “other” in paragraph (b). | ||
Section 93(3). | ||
In section 95, in the words preceding paragraph (a), the words “the metropolitan police fund and” and “respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State)”, in paragraph (a), the words “the metropolitan police district or” and, in paragraph (b), the words “the metropolitan police force or”. | ||
Section 96(3) to (5). | ||
In section 101, in the definition of “police fund”, paragraph (b). | ||
In Schedule 2, paragraphs 4(2), 12 and 26(2). | ||
In Schedule 6, in paragraph 2(1)(b), the words from “or” onwards. | ||
1997 c. 45. | The Police (Insurance of Voluntary Assistants) Act 1997. | Sections 2 and 3. |
1997 c. 50. | The Police Act 1997. | In section 119(3), the words “or, in the case of the metropolitan police force, the Receiver for the Metropolitan Police District,”. |
In Schedule 1, paragraphs 5, 8(4) and 10(4). | ||
In Schedule 3, paragraph 1(6)(b) and the word “or” preceding it. | ||
In Schedule 5, paragraph 1(6)(b) and the word “or” preceding it. | ||
1997 c. 65. | The Local Government (Contracts) Act 1997. | Section 1(3)(c). |
Chapter | Short title | Extent of repeal |
---|---|---|
1976 c. 57. | The Local Government (Miscellaneous Provisions) Act 1976. | In section 44(1), the word “and” in paragraph (a) of the definition of “local authority”. |
1980 c. 65. | The Local Government, Planning and Land Act 1980. | In section 98(8A), the word “and” at the end of paragraph (d). |
1982 c. 30. | The Local Government (Miscellaneous Provisions) Act 1982. | In section 45(2), the word “and” at the end of each of paragraphs (b) and (bb). |
1985 c. 51. | The Local Government Act 1985. | Section 27. |
Section 30(2)(a). | ||
In Schedule 10, Part I. | ||
1985 c. 68. | The Housing Act 1985. | In section 4(e), the word “and” where it occurs after “Police Act 1996”. |
1985 c. 70. | The Landlord and Tenant Act 1985. | In section 38, in the definition of “local authority”, the word “and” immediately preceding “joint authority”. |
1987 c. 6. | The Local Government Finance Act 1987. | In Schedule 2, in paragraph 6(5), the words “or the London Fire and Civil Defence Authority”. |
1988 c. 41. | The Local Government Finance Act 1988. | Section 111(2)(h). |
1988 c. 50. | The Housing Act 1988. | In section 74(8), the word “and” at the end of paragraph (e). |
1989 c. 42. | The Local Government and Housing Act 1989. | In section 152(2), the word “and” at the end of paragraph (l). |
1995 c. x. | The London Local Authorities Act 1995. | Section 44. |
1996 c. 53. | The Housing Grants, Construction and Regeneration Act 1996. | In section 3(2), the word “or” at the end of paragraph (i). |
Commencement Information
I225Sch. 34 Pt. IX partly in force; Sch. 34 Pt. IX not in force at Royal Assent see s. 425(2); Sch. 34 Pt. IX in force for specified purposes at 3.7.2000 by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Chapter | Short title | Extent of repeal |
---|---|---|
7 & 8 Vict. c. 60. | The Trafalgar Square Act 1844. | In section 2, the words from “by and out of such Monies” to “by Authority of Parliament”. |
1974 c. 7. | The Local Government Act 1974. | In section 25(1), the word “and” at the end of paragraph (cb). |
1985 c. 51. | The Local Government Act 1985. | In section 88, in subsection (1), the words “Greater London or” and subsection (12)(a). |
1990 c. 8. | The Town and Country Planning Act 1990. | Section 3. |
1994 c. 40. | The Deregulation and Contracting Out Act 1994. | In section 70(1)(b), the word “or” where first occurring. |
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