SCHEDULES
SCHEDULE 21Mayoral development corporations
Membership
1
1
A Mayoral development corporation (“MDC”) is to consist of such number of members (being not less than six) as the Mayor of London (“the Mayor”) may from time to time appoint.
2
The Mayor must, subject to sub-paragraph (5), exercise the Mayor's power under sub-paragraph (1) so as to secure that the members of an MDC include at least one elected member of each relevant London council.
3
For the purposes of this Schedule—
a
“London council” means a London borough council or the Common Council of the City of London, and
b
a London council is “relevant” in relation to an MDC if any part of the MDC's area is within the council's area.
4
The Mayor must appoint one of the members of an MDC to chair the MDC.
5
In appointing a person to be a member of an MDC, the Mayor—
a
must have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, a matter relevant to the carrying-out of the MDC's functions, and
b
must be satisfied that the person will have no financial or other interest likely to affect prejudicially the exercise of the person's functions as member.
6
The Mayor may require any person whom the Mayor proposes to appoint as a member to provide such information as the Mayor considers necessary for the purposes of sub-paragraph (5)(b).
Terms of appointment of members
2
1
Subject as follows, a member of an MDC holds and vacates office in accordance with the member's terms of appointment.
2
A member may resign by serving notice on the Mayor.
3
A person appointed to chair an MDC—
a
may resign that appointment, whether or not the person also resigns from membership of the MDC, by serving notice on the Mayor;
b
ceases to hold that appointment if the person ceases to be a member of the MDC.
4
A person who—
a
ceases to be a member of an MDC, or
b
ceases to be the person appointed to chair an MDC,
is eligible for reappointment.
5
The Mayor may remove a member of an MDC if—
a
the member has been absent from meetings of the MDC for more than 3 months without the permission of the MDC,
b
the member has become bankrupt or has made an arrangement with the member's creditors,
c
a debt relief order is made in respect of the member (see Part 7A of the Insolvency Act 1986) or the member is a person in respect of whom a debt relief restrictions order has effect (see Schedule 4ZB to that Act),
d
the member has since being appointed ceased to be an elected member of a relevant London council and the Mayor wishes to appoint an elected member of that council to be a member of the MDC in the member's place, or
e
in the opinion of the Mayor, the member has failed to comply with the member's terms of appointment or is otherwise unable, unfit or unsuitable to exercise the member's functions as a member of the MDC.
Staff
3
1
Before an MDC appoints staff it must obtain the Mayor's agreement to the terms and conditions on which the appointments are to be made.
2
An MDC's power to appoint a chief executive may, in the case of the MDC's first chief executive, be exercised by the Mayor.
3
An MDC's chief executive is a member of its staff.
Remuneration etc: members and staff
4
1
An MDC may pay to or in respect of its members—
a
remuneration,
b
travelling and other allowances, and
c
sums by way of, or in respect of, pensions and gratuities.
2
The Mayor is to determine rates and eligibility criteria for payments under sub-paragraph (1).
3
If the Mayor thinks that there are special circumstances that make it right to compensate a person on ceasing to be a member of an MDC, the MDC may pay compensation determined by the Mayor.
4
Payments under sub-paragraph (1) or (3), other than travelling and subsistence allowances, are not to be made to a member of an MDC who is also a member of the London Assembly, but this does not prevent payment of an allowance under sub-paragraph (1) to the person appointed to chair an MDC in respect of that office.
5
An MDC may pay to or in respect of its staff—
a
remuneration,
b
travelling and other allowances, and
c
sums by way of, or in respect of, pensions and gratuities.
6
Rates and eligibility criteria for payments made by an MDC under sub-paragraph (5) are to be determined by the MDC with the agreement of the Mayor.
7
In this paragraph “member” includes former member and “staff” includes former staff.
Status
5
1
An MDC (and any member of an MDC or of an MDC's staff)—
a
is not the servant or agent of the Crown, and
b
does not share any immunity or privilege of the Crown.
2
An MDC's property is not to be regarded as property of, or property held on behalf of, the Crown.
Committees
6
1
An MDC may establish committees.
2
A committee may establish sub-committees.
3
A committee or sub-committee may, with the agreement of the Mayor, include persons who are not members of the MDC.
Delegation
7
1
An MDC may delegate any of its functions to any of its members, committees or staff.
2
A committee of an MDC may delegate any function conferred on it to—
a
any member of the MDC,
b
any sub-committee of the committee, or
c
any of the MDC's staff.
3
A sub-committee of a committee of an MDC may delegate any function conferred on it to—
a
any member of the MDC, or
b
any of the MDC's staff.
Proceedings and meetings
8
1
An MDC may, subject to any directions given by the Mayor, decide—
a
its own procedure,
b
the procedure of any of its committees, and
c
the procedure of any sub-committee of any of its committees.
2
Subject to sub-paragraph (1), a committee may decide the procedure of any of its sub-committees.
3
Subject to sub-paragraphs (1) and (2), a committee or sub-committee may decide its own procedure.
4
In this paragraph “procedure” includes quorum.
9
The validity of any proceeding of an MDC is not affected by—
a
its having fewer than six members,
b
there being no person appointed to chair it,
c
its members not including at least one elected member of each relevant London council, or
d
any defect in the appointment of any of its members or of the person appointed to chair it.
Annual report (and “financial year”)
10
1
As soon as reasonably practicable after the end of each financial year, an MDC must—
a
prepare an annual report on how it has exercised its functions during the year,
b
include in the report a copy of its audited statement of accounts for the year, and
c
send a copy of the report to the Mayor and to the London Assembly.
2
“Financial year”, in relation to an MDC, means a period of 12 months ending with 31 March.
Seal etc
11
1
The application of an MDC's seal is to be authenticated by—
a
the person appointed to chair the MDC, or
b
another member of the MDC, or some other person, authorised (generally or specially) for that purpose.
2
A document purporting to be duly executed under the seal of an MDC or signed on its behalf—
a
is to be received in evidence, and
b
is to be treated as so executed or signed unless the contrary is shown.
House of Commons Disqualification Act 1975 (c. 24)
12
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies all of whose members are disqualified) at the appropriate place insert— “ A Mayoral development corporation (see section 198 of the Localism Act 2011). ”