Localism Act 2011 (c. 20)

SCHEDULES

SCHEDULE 22 E+W Mayoral development corporations: consequential and other amendments

Greater London Authority Act 1999 (c. 29) E+W

44 E+W The Greater London Authority Act 1999 is amended as follows.

45 (1) Amend section 31 (limits of the general power) as follows. E+W

(2) In subsection (1) (no power to incur expenditure on things which may be done by a functional body other than the London Development Agency) for “by a functional body other than the London Development Agency” substitute “by—

(a) Transport for London;

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

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

(3) After subsection (1) insert—

“(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.”

46 (1) Amend section 38 (delegation) as follows. E+W

(2) In subsection (2) (persons to whom functions exercisable by the Mayor may be delegated) after paragraph (d) insert—

“(da) any Mayoral development corporation;”.

(3) In subsection (7) (power to exercise delegated functions where no existing power to do so) after paragraph (b) insert—

“(ba) any Mayoral development corporation,”.

(4) After subsection (8) (further delegation, and Mayor's power to continue to continue to exercise delegated functions) insert—

“(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.”

47 E+W In section 60A(3) (offices where confirmation process applies) after the entry for the chairman of the London Fire and Emergency Planning Authority insert— “ person appointed to chair a Mayoral development corporation (see paragraph 1 of Schedule 21 to the Localism Act 2011); ”.

48 (1) Amend section 68 (disqualification and political restriction) as follows. E+W

(2) In subsection (2) (application of disqualification and political restriction to certain bodies) after paragraph (b) insert—

“(ba) a Mayoral development corporation.”

(3) In subsection (3) (person appointed by Mayor as a member of his staff under section 67(1) not disqualified from becoming an unpaid member of Transport for London) after “Transport for London” insert “ or a Mayoral development corporation ”.

(4) In subsection (6) (“statutory chief officer” to include chief finance officer)—

(a) after “London,” in paragraph (a) insert “and

(aa) of a Mayoral development corporation,”, and

(b) after “member of Transport for London” insert “ or, as the case may be, a Mayoral development corporation ”.

(5) After subsection (6) insert—

“(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.”

49 (1) In section 73(6), in the substituted subsection (2) of section 5 of the Local Government and Housing Act 1989 (reports by monitoring officer), amend the definition of “ GLA body or person ” as follows. E+W

(2) After paragraph (b) insert—

“(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;”.

(3) After paragraph (g) insert—

“(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;”.

(4) After paragraph (m) insert—

“(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;”.

50 E+W In section 347 (functional bodies to have regard to spatial development strategy) after “strategy” insert “ , 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) ”.

51 (1) Section 408 (transfers of property, rights and liabilities) is amended as follows. E+W

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After subsection (8) insert—

“(9) In subsection (3)(gc) “wholly-owned subsidiary” has the meaning given to it by section 1159 of the Companies Act 2006.

(10) For the purposes of subsection (3)(gd) and paragraph (b) of this subsection, a body corporate (“C”) is a “subsidiary” of another person (“P”) if—

(a) P, or P's nominee, is a member of C, or

(b) C is a subsidiary of a body corporate that is itself a subsidiary of P,

and, accordingly, the definition of “subsidiary” given by section 424(1) does not apply for those purposes.

(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

F1 Sch. 22 para. 51(2) omitted (2.12.2014) by virtue of The Olympic Delivery Authority (Dissolution) Order 2014 (S.I. 2014/3184), art. 1(2), Sch. para. 16(b)

52 E+W In section 424(1) (interpretation) in the definition of “functional body” after paragraph (a) insert—

“(aa) a Mayoral development corporation;”.