Localism Act 2011

200 Transfers of property etc to a Mayoral development corporation E+W

(1) The Secretary of State may at any time make a scheme transferring to an MDC property, rights and liabilities of a person within subsection (3).

(2) Before making a scheme under subsection (1), the Secretary of State must consult—

(a) the person whose property, rights or liabilities would be transferred, and

(b) the Mayor.

(3) A person is within this subsection if the person is—

(a) a London borough council,

(b) the Common Council of the City of London in its capacity as a local authority,

(c) the Homes and Communities Agency,

(d) a development corporation established under the New Towns Act 1981 for a new town all or part of whose area is in Greater London,

(e) an urban development corporation for an urban development area all or part of which is in Greater London,

(f) the Olympic Delivery Authority,

(g) any company, or other body corporate, which is a wholly-owned subsidiary of the Olympic Delivery Authority,

(h) any company, or other body corporate, which—

(i) is a subsidiary of the Olympic Delivery Authority, and

(ii) is a subsidiary of at least one other public authority, and

(iii) is not a subsidiary of any person who is not a public authority,

(i) a Minister of the Crown or a government department,

(j) any company all the shares in which are held by a Minister of the Crown, or

(k) any company whose members—

(i) include the Mayor and a Minister of the Crown, and

(ii) do not include anyone who is neither the Mayor nor a Minister of the Crown.

(4) The Mayor may at any time make a scheme transferring to an MDC property, rights and liabilities of—

(a) the Greater London Authority,

(b) a functional body other than that MDC, or

(c) a company that is a subsidiary of the Greater London Authority.

(5) The Mayor must publish a scheme under subsection (4) as soon after it is made as is reasonably practicable.

(6) The Secretary of State may by order specify another person, or a description of other persons, from whom property, rights or liabilities may be transferred under subsection (1) or (4).

(7) In subsection (3)(g) “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.

(8) For the purposes of subsection (3)(h) 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.

(9) In subsection (4)(c)—

• “company” means—

  (a)

  a company within the meaning given by section 1(1) of the Companies Act 2006, or

  (b)

  [F1 a 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

• “subsidiary” has the meaning given by section 1159 of the Companies Act 2006.

(10) In this section—

• “functional body” has the meaning given by section 424(1) of the Greater London Authority Act 1999;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “public authority” means a public body or a Minister of the Crown or other holder of a public office;

• “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 Words in s. 200(9) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 178 (with Sch. 5)