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Greater London Authority Act 1999

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Status:

This version of this Act contains provisions that are prospective.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Greater London Authority Act 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations.

E+W+S+N.I.

Prospective

Greater London Authority Act 1999

1999 CHAPTER 29

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:—

Part IE+W+S The Greater London Authority

The AuthorityE+W+S

1 The Authority.E+W+S

(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.

MembershipE+W+S

2 Membership of the Authority and the Assembly.E+W+S

(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 the Electoral Commission].

(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.

Annotations:

Amendments (Textual)

F1Words in s. 2(4) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 13

Modifications etc. (not altering text)

C1S. 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

Ordinary electionsE+W+S

3 Time of ordinary elections.E+W+S

(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) 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.

Annotations:

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

4 Voting at ordinary elections.E+W+S

(1)Each person entitled to vote as an elector at an ordinary election shall have the following votes—

(a)one vote (referred to in this Part as a mayoral vote) 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 system, unless there are three or more candidates.

(3)If there are three or more candidates to be the Mayor—

(a)the Mayor shall be returned under the supplementary vote system in accordance with Part I of Schedule 2 to this Act; and

(b)a voter’s mayoral vote shall accordingly be a supplementary vote, that is to say, a vote capable of being given to indicate the voter’s first and second preferences from among the candidates.

(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 [F2a party registered under Part II of the Political Parties, Elections and Referendums Act 2000].

Annotations:

Amendments (Textual)

F2Words 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)

C2S. 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)

Vacancies in the AssemblyE+W+S

5 Resignation.E+W+S

(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.

6 Failure to attend meetings.E+W+S

(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.

[F3(5)Any period during which an Assembly member is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1).]

Annotations:

Amendments (Textual)

F3S. 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

7 Declaration of vacancy in certain cases.E+W+S

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—

(i)under the M3Audit Commission Act 1998,

(ii)by virtue of a conviction, or

(iii)by virtue of a breach of any provision of Part II of the Representation of the M4People 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.

Annotations:

Marginal Citations

8 Election of member as Mayor.E+W+S

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.

9 Date of casual vacancies.E+W+S

(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 the M5Audit Commission Act 1998 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 that Act 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;

(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.

(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.

Annotations:

Marginal Citations

10 Filling a vacancy in an Assembly constituency.E+W+S

(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 M6Local 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.

Annotations:

Marginal Citations

11 Filling a vacancy among the London members.E+W+S

(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.

Vacancy in the office of MayorE+W+S

12 Resignation.E+W+S

(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.

13.— Failure to attend meetings.E+W+S

[F4(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.

[F5(2)Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purposes of subsection (1) above.]

Annotations:

Amendments (Textual)

F4S. 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

F5S. 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

14 Declaration of vacancy in certain cases.E+W+S

Where the Mayor—

(a)ceases to be qualified to be the Mayor,

(b)becomes disqualified from being the Mayor otherwise than—

(i)under the M7Audit Commission Act 1998,

(ii)by virtue of a conviction, or

(iii)by virtue of a breach of any provision of Part II of the Representation of the M8People 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.

Annotations:

Marginal Citations

15 Date of casual vacancy.E+W+S

(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.

16 Filling a vacancy.E+W+S

(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 a mayoral vote.

(4)Subsections (2) and (3) of section 4 above and Part I of Schedule 2 to this Act shall apply in relation to the election as they apply 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 M9Local 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.

Annotations:

Marginal Citations

Franchise, conduct of elections etcE+W+S

17 Franchise, conduct of elections etc.E+W+S

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.

[F617A Free delivery of election addresses.E+W+S

(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 as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.

(3)The Secretary of State 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 [F7a universal service provider (within the meaning of the Postal Services Act 2000)] 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 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.]

Annotations:

Amendments (Textual)

F6S. 17A inserted (9.3.2000) by 2000 c. 2, s. 14(1)(2)

F7Words in s. 17A(3) substituted (26.3.2001) by S.I. 2001/648, art. 4(1), Sch. 1 para. 14

Modifications etc. (not altering text)

C3S. 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)

18 Cost of holding the first ordinary elections.E+W+S

(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 M10People Act 1983.

Annotations:

Marginal Citations

19 Expenditure of Secretary of State in connection with holding the first ordinary election.E+W+S

(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.

Qualifications and disqualificationsE+W+S

20 Qualification to be the Mayor or an Assembly member.E+W+S

(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 Commonwealth citizen;

(b)a citizen of the Republic of Ireland; or

(c)a relevant citizen of the Union.

(3)On the relevant day, the person must have attained the age of 21 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.

(8)In this section—

  • citizen of the Union shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union);

  • relevant citizen of the Union means a citizen of the Union who is not—

    (a)

    a Commonwealth citizen; or

    (b)

    a citizen of the Republic of Ireland;

  • the relevant day, in relation to any candidate, means—

    (a)

    the day on which he is nominated as a candidate and also, if there is a poll, the day of the election; or

    (b)

    if the election is not preceded by the nomination of candidates, the day of the election.

21 Disqualification from being the Mayor or an Assembly member.E+W+S

(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;

(c)he has been adjudged bankrupt, or made a composition or arrangement with his creditors;

(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; or

(e)he is disqualified under—

(i)section 85A or Part III of the Representation of the M11People Act 1983, or

(ii)section 17 or 18 of the M12Audit Commission Act 1998,

from being elected or being the Mayor or 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,

[F8(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.

[F9(2A)In this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.]

(3)Where a person is disqualified under subsection (1)(c) above by reason of having been adjudged bankrupt, the disqualification shall cease—

(a)unless the bankruptcy order made against the person is previously annulled, on his discharge from bankruptcy; and

(b)if the bankruptcy order is so annulled, on the date of the annulment.

(4)Where a person is disqualified under subsection (1)(c) above by reason of having made a composition or arrangement with his creditors, the disqualification shall cease—

(a)if he pays his debts in full, on the date on which the payment is completed; and

(b)in any other case, on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

(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.

Annotations:

Amendments (Textual)

F8S. 21(2)(c)(d) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 35(a)

F9S. 21(2A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 35(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

22 Validity of acts done by unqualified persons.E+W+S

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.

23 Proceedings for disqualification.E+W+S

Section 92 of the M13Local 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.

Annotations:

Marginal Citations

Salaries, expenses and pensionsE+W+S

24 Salaries and expenses.E+W+S

(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.

25 Limit on salaries of members of other public bodies.E+W+S

(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;

(b)under section 1 of the M14European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs); or

(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—

    (a)

    the Mayor; or

    (b)

    an Assembly member;

  • relevant remuneration means—

    (a)

    a salary; or

    (b)

    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.

Annotations:

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

Marginal Citations

26 Pensions.E+W+S

(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.

27 Publication of information about remuneration paid.E+W+S

The standing orders of the Authority must contain provision for the publication of information relating to sums paid under sections 24 and 26 above for each financial year.

Supplementary provisionsE+W+S

28 Declaration of acceptance of office.E+W+S

(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 Supreme Court.

(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.

Annotations:

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

29 Interpretation of Part I.E+W+S

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 M15People 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 M16People Act 1983 (see section 202(1) of that Act);

  • F10. . .

  • 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 M17People 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;

  • F11. . .

  • London vote has the meaning given by section 4(1)(c) above;

  • mayoral vote has the meaning given by subsection (1)(a) of section 4 above (as read with subsection (3) of that section);

  • registered political party has the meaning given by section 4(11) above;

  • F12. . .

  • vote and voter have the same meaning as in the Representation of the M18People Act 1983 (see section 202(1) of that Act).

Annotations:

Amendments (Textual)

F10Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

F11Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

F12Definition 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)

C4S. 29 modified (7.3.2000) by S.I. 2000/308, art. 3

Marginal Citations

Part IIE+W+S+N.I. General Functions and Procedure

The general and subsidiary powers of the AuthorityE+W+S

30 The general power of the Authority.E+W+S

(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—

(a)the health of persons in Greater London; and

(b)the achievement of sustainable development in the United Kingdom.

(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, and

(b)to contribute towards the achievement of sustainable development 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) or (b) 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.

(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.

Annotations:

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

31 Limits of the general power.E+W+S

(1)The Authority shall not by virtue of section 30(1) above incur expenditure in doing anything which may be done by a functional body other than the London Development Agency.

(2)In determining whether to exercise the power conferred by section 30(1) above, the Authority shall seek to secure that it does not incur expenditure in doing anything which is being done by the London Development Agency.

(3)The Authority shall not by virtue of section 30(1) above incur expenditure in providing—

(a)any housing,

(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.

(4)Any reference in subsection (3) above to the provision of housing—

(a)includes a reference to the management of housing; but

(b)does not include a reference to the acquisition by the Authority of existing housing accommodation and the making of that accommodation available on a temporary basis for one or more of the principal purposes of the Authority or for purposes incidental to such a purpose.

(5)Any reference in subsection (3) above to the provision of social services is a reference to the exercise of [F13any social services function within the meaning of the Local Authority Social Services Act 1970]

(6)Nothing in subsections (1) to (5) 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.

Annotations:

Amendments (Textual)

F13Words 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)

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

32 Consultation.E+W+S

(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.

33 Equality of opportunity.E+W+S

(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.

34 Subsidiary powers of the Authority.E+W+S

(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.

Exercise of functions: general principlesE+W+S

35 Authority functions to be exercisable by Mayor, Assembly or both.E+W+S

(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 [F14sections 38 and 380] below and Schedule 4 to this Act.

(10)This section is subject, in particular, to Part II of the M19Deregulation and Contracting Out Act 1994 (contracting out).

Annotations:

Amendments (Textual)

F14Words in s. 35(9) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. I para. 3

Marginal Citations

36 Standing orders of the Authority.E+W+S

(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.

37 Discharge during vacancy or temporary incapacity of Mayor.E+W+S

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.

Functions exercisable by the MayorE+W+S

38 Delegation.E+W+S

(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;

(d)the London Development Agency;

(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)[F15Subject 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)[F16Subject 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.

[F17(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,

(b)the London Development 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 M20Local 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,

(b)to Transport for London, or

(c)to the London Development Agency,

as they apply to arrangements under that section between one local authority and another.

(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.

[F18(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.]

Annotations:

Amendments (Textual)

F15Words in s. 38(4) substituted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(a)

F16Words in s. 38(5) substituted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(b)

F17S. 38(5A) inserted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(c)

F18S. 38(11) added (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(d)

Marginal Citations

39 Exercise of functions by joint committees.E+W+S

(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 M21Local 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 M22Local 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 M23Local 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.

Annotations:

Marginal Citations

40 Contracting out.E+W+S

(1)Part II of the M24Deregulation 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 M25Local Government Act 1972 etc) there shall be inserted—

(6)Any reference in subsection (5) above to arrangements under section 101 of the M26Local 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, ”.

Annotations:

Marginal Citations

The Mayor’s strategiesE+W+S

41 General duties of the Mayor in relation to his strategies.E+W+S

(1)This section applies to—

(a)the transport strategy prepared and published under section 142 below,

(b)the London Development Agency strategy prepared and published under section 7A(2) of the M27Regional Development Agencies Act 1998,

(c)the spatial development strategy prepared and published under Part VIII below,

(d)the London Biodiversity Action Plan prepared and published under section 352 below,

(e)the municipal waste management strategy prepared and published under section 353 below,

(f)the London air quality strategy prepared and published under section 362 below,

(g)the London ambient noise strategy prepared and published under section 370 below, and

(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—

(i)the health of persons in Greater London; and

(ii)the achievement of sustainable development in the United Kingdom; 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 and with such international obligations 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, and

(b)to contribute towards the achievement of sustainable development 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) or (b) 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.

(9)The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above 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.

(10)For the purposes of this section international obligations means international obligations of the United Kingdom under any treaty, including obligations under the Community Treaties.

(11)For the purposes of this Act, unless the context otherwise requires, a reference to a strategy includes a reference to the London Biodiversity Action Plan.

Annotations:

Marginal Citations

42 Consultation.E+W+S

(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.

(5)In discharging the duty under subsection (1) above, the Mayor shall consult the Assembly and the functional bodies before consulting the other bodies or persons mentioned in subsection (1)(c) to (e) above.

(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.

Annotations:

Modifications etc. (not altering text)

C5S. 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

43 Publicity and availability of strategies.E+W+S

(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.

(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.

44 Directions by the Secretary of State.E+W+S

(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.

Public accountabilityE+W+S

45 The Mayor’s periodic report to the Assembly.E+W+S

(1)The Mayor shall, not later than three clear working days before the first meeting of the Assembly held pursuant to subsection (3) of section 52 below, and thereafter not later than three 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) below,

(b)a functional body,

(c)a member of a functional body, or

(d)a member of staff of a functional body,

except as provided by subsection (7) below.

(7)Where—

(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 Metropolitan Police Authority 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)Advice given to the Mayor by a [F19person 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 [F20concerned]at a time when the meeting was open to members of the public by virtue of Part VA of the M28Local 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 M29Banking and Financial Dealings Act 1971; or

(d)a day appointed for public thanksgiving or mourning.

Annotations:

Amendments (Textual)

F19Words in s. 45(8) substituted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 4(a)

F20Word in s. 45(8)(a) inserted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 4(b)

Marginal Citations

46 Annual report by the Mayor.E+W+S

(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 or under section 7A(2) of the M30Regional Development Agencies Act 1998;

(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.

Annotations:

Marginal Citations

47 The annual State of London debate.E+W+S

(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.

48 People’s Question Time.E+W+S

(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.

Deputy MayorE+W+S

49 The Deputy Mayor.E+W+S

(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.

Chair and Deputy Chair of the AssemblyE+W+S

50 Functions.E+W+S

(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.

51 Appointment.E+W+S

(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.

Meetings and procedure of the AssemblyE+W+S

52 Meetings of the whole Assembly.E+W+S

(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.

(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 28 clear days before the meeting.

(7)If notice of a meeting to be held under subsection (3) above has been given pursuant to subsection (6) above, then, until that meeting has been held or the notice has been withdrawn, notice must not be given of another such meeting.

(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.

53 Assembly procedure.E+W+S

(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.

54 Discharge of functions by committees or single members.E+W+S

(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.

(2)The Assembly may arrange for a member of staff of the Authority appointed under section 67(2) below to exercise on the Assembly’s behalf any function exercisable by the Assembly under section 67(2) or 70(2) below.

(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.

(6)Subsection (1)(b) above does not apply in relation to functions under or by virtue of section 20A of the M31Police Act 1996 (questions by Assembly members to representatives of the Metropolitan Police Authority).

(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.

Annotations:

Modifications etc. (not altering text)

C6S. 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

Marginal Citations

55 Assembly committees and sub-committees.E+W+S

(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.

56 Minutes.E+W+S

(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.

57 Political composition of Assembly committees.E+W+S

(1)Sections 15 to 17 of, and Schedule 1 to, the M32Local 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.

Annotations:

Marginal Citations

58 Openness.E+W+S

(1)Part VA of the M33Local 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 or the London Development Agency.

(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.

Annotations:

Marginal Citations

General functions of the AssemblyE+W+S

59 Review and investigation.E+W+S

(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.

60 Proposals to the Mayor.E+W+S

(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.

Attendance of witnesses and production of documentsE+W+S

61 Power to require attendance at Assembly meetings.E+W+S

(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 to 3 of the M34Local 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 three 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 three 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 three 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 three 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 three 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 three 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 three 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) 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, except as provided by subsection (12) below, by that functional body.

(12)Subsection (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—

(a)the Metropolitan Police Authority, or

(b)the London Fire and Emergency Planning Authority,

if or to the extent that the advice falls within subsection (13) below.

(13)Advice 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 M35Local 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.

Annotations:

Marginal Citations

62 Procedure for requiring attendance.E+W+S

(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.

63 Restriction of information.E+W+S

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.

Annotations:

Commencement Information

I8S.63 partly in force: s.63 in force at Royal Assent (11.11.1999) for certain purposes, see s.425(2)

64 Failure to attend proceedings etc.E+W+S

(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.

65 Proceedings under section 61(1): openness.E+W+S

(1)In its application by virtue of section 58 above, Part VA of the M36Local 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.

Annotations:

Marginal Citations

Ethical standardsE+W+S

66 The Secretary of State’s guidance on ethical standards.E+W+S

(1)The Secretary of State may issue guidance to the Authority with respect to ethical standards for—

(a)the Mayor;

(b)the Assembly members;

(c)members of the Authority’s staff; and

(d)persons not falling within paragraphs (a) to (c) above who are members of advisory committees or sub-committees of the Assembly.

(2)The matters which may be dealt with in any such guidance include—

(a)disclosure and registration of interests;

(b)the exercise of functions by or on behalf of the Mayor, the Deputy Mayor, any member of the Assembly, any member of the Authority’s staff or any committee or sub-committee in cases where the Mayor, Deputy Mayor, member of the Assembly or member of staff, or a member of the committee or sub-committee, has an interest in the matter in question;

(c)voting in cases where an Assembly member, or any other person who is a member of an advisory committee or sub-committee, has an interest in the matter in question;

(d)the establishment and functions of one or more committees concerned with ethical standards;

(e)the prescription of model codes of conduct.

(3)In exercising any functions conferred or imposed on him, or made exercisable by him, the Mayor and every Assembly member shall have regard to any guidance issued under this section.

StaffE+W+S

67 Appointment.E+W+S

(1)The Mayor may appoint—

(a)not more than two persons as his political advisers; and

(b)not more than ten other members of staff.

(2)The Assembly, after consultation with the Mayor and taking into account, in particular,—

(a)the manner in which, and the extent to which, the Mayor has exercised, or proposes to exercise, the powers conferred by subsection (1) above, and

(b)any views of the Mayor as to the exercise of the Assembly’s powers under this subsection,

may appoint such staff as it considers necessary for the proper discharge of such functions of the Authority as are respectively exercisable by the Mayor, the Assembly, and the Mayor and Assembly acting jointly.

(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 M37Local 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.

Annotations:

Marginal Citations

68 Disqualification and political restriction.E+W+S

(1)The following provisions of the M38Local Government and Housing Act 1989, namely—

(a)section 1 (disqualification and political restriction of certain officers and staff), and

(b)sections 2 and 3 (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;

(c)the London Development Agency.

(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 or the London Development Agency.

(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, and

(b)of the London Development Agency,

whether he is an officer, employee, member of staff or member of Transport for London or, as the case may be, the London Development Agency.

(7)In the application of section 2 of that Act in relation to the London Development Agency by virtue of subsections (1) and (2)(c) above, any reference to the person designated under section 4 of that Act as its head of paid service shall be taken as a reference to the chief executive of the London Development Agency appointed under paragraph 4(2) of Schedule 2 to the M39Regional Development Agencies Act 1998.

Annotations:

Marginal Citations

69 Disqualification for membership of London borough councils.E+W+S

In section 80 of the M40Local 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.

Annotations:

Marginal Citations

70 Terms and conditions of employment.E+W+S

(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) as the Assembly, after consultation with the Mayor, 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 and 3 of the M41Local 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.

(8)In this section working day has the same meaning as in section 45 above.

Annotations:

Modifications etc. (not altering text)

C7Ss. 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)

C8Ss. 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

71 Disclosure by employees of interests in contracts.E+W+S

Section 117 of the M42Local 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.

Annotations:

Modifications etc. (not altering text)

C9Ss. 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)

C10Ss. 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

72 Head of paid service.E+W+S

(1)Section 4 of the M43Local Government and Housing Act 1989 (designation and reports of head of paid service) shall apply in relation to the Authority as if—

(a)the Authority were a relevant authority for the purposes of that section; and

(b)the Mayor and Assembly members were the members of that authority.

(2)The person who, by virtue of subsection (1) above, is designated under section 4(1)(a) of the M44Local Government and Housing Act 1989 as the head of the Authority’s paid service must be a member of staff appointed under section 67(2) above.

(3)In the application of section 4 of the M45Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1) above, the following provisions shall have effect.

(4)The duty imposed by subsection (1)(a) (appointment of head of paid service) shall be discharged by the Assembly after consultation with the Mayor.

(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, shall be discharged by 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 M46Local 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.

Annotations:

Modifications etc. (not altering text)

C11Ss. 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

73 Monitoring officer.E+W+S

(1)Section 5 of the M47Local Government and Housing Act 1989 (designation and reports of monitoring officer) shall apply in relation to the Authority as if—

(a)the Authority were a relevant authority for the purposes of that section; and

(b)the Mayor and Assembly members were the members of that authority.

(2)The person who, by virtue of subsection (1) above, is designated under section 5(1)(a) of the M48Local Government and Housing Act 1989 as the Authority’s monitoring officer must be a member of staff appointed under section 67(2) above.

(3)In the application of section 5 of the M49Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1) above, the following provisions shall have effect.

(4)The duty imposed by subsection (1)(a) (appointment of monitoring officer) shall be discharged by the Assembly after consultation with the Mayor.

(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, shall be discharged by 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 injustice as is mentioned in Part III of the M50Local Government Act 1974 (Local Commissioners),

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;

(c)the London Development Agency, when exercising any function of the Greater London Authority by virtue of section 38 [F21or 380]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 or the London Development Agency, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 [F22(or in the case of the London Development Agency section 380)]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 or the London Development Agency, when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 [F23(or, in the case of a member or member of staff of the London Development Agency, section 380)]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 [F24or 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 M51Local 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 [F25, 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.

Annotations:

Amendments (Textual)

F21S. 73(6): In the substituted 1989 c. 42 in s. 5(2)(c) words inserted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 5(1)(2)(a)

F22S. 73(6): In the substituted 1989 c. 42 in s. 5(2)(g) words inserted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 5(1)(2)(b)

F23S. 73(6): In the substituted 1989 c. 42 in s. 5(2)(m) words inserted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 5(1)(2)(c)

F25Words 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)

C12Ss. 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)

C13Ss. 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

General local authority provisionsE+W+S

74 Investigation by Commission for Local Administration.E+W+S

(1)Part III of the M52Local 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) ”.

Annotations:

Modifications etc. (not altering text)

C14Ss. 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)

C15Ss. 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

75 Provisions of 1972 Act relating to documents, notices etc.E+W+S

(1)For the purposes of the provisions of the M53Local 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.

Annotations:

Modifications etc. (not altering text)

C16Ss. 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)

C17Ss. 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

76 Byelaws.E+W+S

(1)Section 236 of the M54Local 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.

Annotations:

Marginal Citations

Bills in ParliamentE+W+S

77 Power of Authority to promote or oppose Bills in Parliament.E+W+S

(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 M55Local 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.

Annotations:

Marginal Citations

78 Power to request provisions in Bills promoted by London local authorities.E+W+S

(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 M56Local 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 M57Local 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.

Annotations:

Marginal Citations

79 Authority’s consent to inclusion of certain provisions in local Bills.E+W+S

(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 M58Local 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.

Annotations:

Marginal Citations

ContractsE+W+S

80 Public supply or works contracts.E+W+S

In Schedule 2 to the M59Local 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.

Annotations:

Marginal Citations

Part IIIE+W+S+N.I. Financial Provisions

Chapter IE+W+S Council Tax

Different categories of dwellingsE+W

81 Amounts for different categories of dwellings.E+W

In section 30 of the M60Local 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.

Annotations:

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

PreceptsE+W+S

82 Authority to be a major precepting authority.E+W+S

(1)Section 39 of the M61Local 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.

Annotations:

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

83 Issue of precepts.E+W

In section 40 of the M62Local 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.

Annotations:

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

84 Substituted precepts.E+W+S

(1)Section 42 of the M63Local 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 ”.

Annotations:

Marginal Citations

Budget requirementsE+W+S

85 Calculation of component and consolidated budget requirements.E+W

(1)Section 43 of the M64Local 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)the Authority, and

(b)each of the functional bodies,

calculate the aggregates required by virtue of subsections (4) and (5) below.

(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 the body will incur in the year in performing its functions and will charge to a revenue account for the year, other than expenditure which the Authority estimates will be so incurred in pursuance of regulations under section 99(3) of the 1988 Act;

(b)such allowance as the Authority estimates will be appropriate for contingencies in relation to expenditure to be charged to a revenue account for the year;

(c)the financial reserves which the Authority estimates it will be appropriate for the body to raise in the year for meeting the body’s estimated future expenditure; and

(d)such of the body’s financial reserves as are sufficient to meet so much of the amount estimated by the Authority to be a revenue account deficit 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—

(a)the sums which the Authority estimates will be payable to the body for the year and in respect of which amounts will be credited to a revenue account for the year, other than sums which the Authority estimates will be so payable—

(i)in respect of redistributed non-domestic rates, revenue support grant, additional grant, relevant special grant, police grant or general GLA grant;

(ii)in respect of any precept issued by the Authority; or

(iii)in pursuance of regulations under section 99(3) of the M65Local Government Finance Act 1988; and

(b)the amount of the body’s financial reserves which the Authority estimates that the body will use 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 budget 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 budget requirement for the year shall be nil.

(8)The Authority must also calculate the aggregate of the component budget requirements of each of the constituent bodies and that aggregate shall be the Authority’s consolidated budget requirement for the year.

(9)References in this section to expenditure incurred by a body shall be construed in accordance with section 41(3) of the M66Local Government and Housing Act 1989.

Annotations:

Modifications etc. (not altering text)

C18S. 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

C19S. 85(5)(a)(i) modified (E.) (1.2.2002) by S.I. 2002/155, reg. 6

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

86 Provisions supplemental to section 85.E+W+S

(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 the Authority 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 a functional body.

(2)In estimating under subsection (4)(a) of section 85 above in the case of any constituent body other than the Metropolitan Police Authority, 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 M67Local Government Finance Act 1988) shall not anticipate a levy not issued.

F26(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 the body will incur in the financial year following the year in question, will charge to a revenue account for the year and will have to defray in the year before the following sums are sufficiently available, namely, sums—

(i)which will be payable to 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 the body will incur 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.

(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 (4) 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).

(6)Subsection (9) of section 85 above applies for the purposes of this section as it applies for the purposes of that section.

Annotations:

Amendments (Textual)

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

87 Procedure for determining the budget requirements.E+W+S

Schedule 6 to this Act (which contains procedural requirements for determining the component budget requirements and the consolidated budget requirement) shall have effect.

Calculation of tax payableE+W

88 Calculation of basic amount of tax.E+W

(1)Section 44 of the M68Local 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)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 budget requirement for the year;

  • P1 is the aggregate of such amounts as may be prescribed, being amounts representing the sums which the Secretary of State estimates will be payable to the Authority for the year in respect of the following items—

    (a)

    redistributed non-domestic rates,

    (b)

    revenue support grant,

    (c)

    general GLA grant,

    (d)

    additional grant, and

    (e)

    relevant special grant,

    but in the case of each item reduced, as may be prescribed, by such amount as the Secretary of State considers represents the portion of the item which relates to defraying the special item in whole or in part;

  • 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.

(3)In the definition of P1 in subsection (2) 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.

(4)In subsection (3)(a) above, the appropriate report or determination means—

(a)in the case of an item specified in paragraph (a) or (b) of the definition of P1 in subsection (2) above, the local government finance report for the financial year in question;

(b)in the case of the item specified in paragraph (c) of that definition, the determination under section 100 below for the financial year in question;

(c)in the case of the item specified in paragraph (d) of that definition, the report under section 85 of the M69Local Government Finance Act 1988 relating to that item; and

(d)in the case of the item specified in paragraph (e) of that definition, the report under section 88B of that Act relating to that item.

(5)The aggregate of the sums mentioned in item P1 in subsection (2) above shall be—

(a)increased by the aggregate amount of any sums 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 M70Local Government Finance Act 1988; and

(b)reduced by the aggregate amount of any sums which the Authority estimates will be paid by it in the year to billing authorities in accordance with such regulations.

(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);

(b)alter the rules governing the making of any calculation under subsection (2) above (whether by deleting or amending subsections (3) to (5) above, or any of them, or by adding other provisions, 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 M71Local 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).

Annotations:

Modifications etc. (not altering text)

C20S. 88 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 7

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

89 Additional calculations: special item for part of Greater London.E+W

(1)Section 45 of the M72Local 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 [F27section 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.

(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;

  • P2 is the aggregate of such amounts as may be prescribed, being amounts representing the sums which the Secretary of State estimates will be payable to the Authority for the year in respect of the following items—

    (a)

    police grant,

    (b)

    redistributed non-domestic rates,

    (c)

    revenue support grant,

    (d)

    general GLA grant,

    (e)

    additional grant, and

    (f)

    relevant special grant,

    but in the case of each item restricted, as may be prescribed, to such amount (if any) as the Secretary of State considers represents the portion of the item which relates to defraying the special item in whole or in part;

  • 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.

(5)In the definition of P2 in subsection (4) 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.

(6)In subsection (5)(a) above, the appropriate report or determination means—

(a)in the case of the item specified in paragraph (a) of the definition of P2 in subsection (4) above, the police grant report under section 46(3) of the M73Police Act 1996 for the financial year in question;

(b)in the case of an item specified in paragraph (b) or (c) of that definition, the local government finance report for the financial year in question;

(c)in the case of the item specified in paragraph (d) of that definition, the determination under section 100 below for the financial year in question;

(d)in the case of the item specified in paragraph (e) of that definition, the report under section 85 of the M74Local Government Finance Act 1988 relating to that item; and

(e)in the case of the item specified in paragraph (f) of that definition, the report under section 88B of that Act relating to that item.

(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 M75Local 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);

(b)alter the rules governing the making of any calculation under or by virtue of that subsection (whether by deleting or amending subsections (3) to (8) above, or any of them, or by adding other provisions, or by a combination of those methods).

Annotations:

Amendments (Textual)

F27Words in s. 89(2) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 6

Modifications etc. (not altering text)

C21S. 89 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 8

C22S. 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

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

90 The special item for the purposes of section 89.E+W

(1)The item referred to in section 89(2) above is the special expense of the Metropolitan Police Authority.

(2)For the purposes of subsection (1) above, the special expense of the Metropolitan Police Authority is the difference between—

(a)the aggregate calculated (or last calculated) under subsection (4) of section 85 above in relation to the Metropolitan Police Authority, and

(b)the amount calculated (or last calculated) under subsection (5) of that section in relation to that Authority,

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.

91 Special items: amendments of section 46 of the 1992 Act.E+W

(1)Section 46 of the M76Local 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.

Annotations:

Marginal Citations

92 Calculation of tax for different valuation bands.E+W

(1)Section 47 of the M77Local 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.

Annotations:

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

93 Calculation of amount payable by each billing authority.E+W

(1)Section 48 of the M78Local 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.

Annotations:

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

Substitute calculations etc.E+W+S

94 Substitute calculations under section 49 of the 1992 Act.E+W+S

(1)Section 49 of the M79Local 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.

(5)After subsection (4) (permitted increases for the purposes of subsection (3)) there shall be inserted—

(4A)For the purposes of subsection (3A) above, the authority may treat any amount determined in the previous calculations—

(a)for item P1 in section 88(2) of the Greater London Authority Act 1999, or

(b)for item P2 in section 89(4) of that Act,

as increased by the relevant portion of any new additional grant.

(4B)For the purposes of subsection (4A) above, the relevant portion of any new additional grant means the amount of any additional grant payable to the authority for the year which was not taken into account by the authority in making the previous calculations, but—

(a)in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part; and

(b)in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part;

and special item has the same meaning in this subsection as in sections 88 and 89 of the Greater London Authority Act 1999 (see section 89(2) of that Act).

(4C)In subsection (4B) above, prescribed means specified in, or determined in accordance with, either—

(a)the report under section 85 of the M80Local Government Finance Act 1988 relating to the amount of additional grant in question, or

(b)regulations made by the Secretary of State under section 88(3)(b) of the Greater London Authority Act 1999 (in relation to item P1) or under section 89(5)(b) of that Act (in relation to item P2),

as the Secretary of State may determine for the purposes of paragraph (a) or (b) of that subsection and any particular financial year or years.

(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.

Annotations:

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

95 Minimum budget for Metropolitan Police Authority.E+W+S

(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 M81Local 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 Metropolitan Police Authority, in order to restore or maintain an efficient and effective police force for its area, requires a greater component budget 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 budget requirement for the Metropolitan Police Authority for the year which is not less than such amount as may be specified in the direction.

(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 Metropolitan Police Authority to restore or maintain an efficient and effective police force for its area.

(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 Metropolitan Police Authority alone; or

(b)the Metropolitan Police Authority 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 budget 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 M82Local 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 M83Local 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 Metropolitan Police Authority is not in compliance with the direction; or

(b)there is an increase in the Authority’s consolidated budget requirement for the year (as last calculated) which exceeds the minimum increase required to be made to the component budget requirement for the Metropolitan Police Authority (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 P1 or T in section 88(2) above or for item P2 or item TP2 in section 89(4) above.

(9)For the purposes of subsection (8) above, the Authority may treat any amount determined in the previous calculations for item P1 in section 88(2) above or item P2 in section 89(4) above as increased by the relevant portion of any new additional grant.

(10)For the purposes of subsection (9) above, the relevant portion of any new additional grant means the amount of any additional grant payable to the Authority for the year which was not taken into account by the Authority in making the previous calculations, but—

(a)in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part; and

(b)in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part;

and special item has the same meaning in this subsection as in sections 88 and 89 above (see section 89(2)).

(11)In subsection (10) above, prescribed means specified in, or determined in accordance with, either—

(a)the report under section 85 of the M84Local Government Finance Act 1988 relating to the amount of additional grant in question, or

(b)regulations made by the Secretary of State under section 88(3)(b) above (in relation to item P1) or under section 89(5)(b) above (in relation to item P2),

as the Secretary of State may determine for the purposes of paragraph (a) or (b) of that subsection and any particular financial year or years.

(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 M85Local 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.

Annotations:

Modifications etc. (not altering text)

C23S. 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

96 Provisions supplemental to section 95.E+W+S

(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 M86Local 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 M87Local 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 Metropolitan Police Authority is not in compliance with the direction.

Annotations:

Marginal Citations

97 Emergencies and disasters.E+W+S

(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 budget 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 budget requirement for the year.

(3)Any substitute calculations under this section shall be made in accordance with Schedule 7 to this Act.

Annotations:

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

98 Procedure for making substitute calculations.E+W+S

Schedule 7 to this Act (which contains procedural requirements for the making of substitute calculations by the Authority) shall have effect.

SupplementaryE+W+S

99 Interpretation of Chapter I.E+W+S

In this Part—

  • component budget requirement has the meaning given in section 85(6) above;

  • consolidated budget 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 section 78A of the M88Local Government Finance Act 1988;

  • police grant has the meaning given by section 32(12) of the M89Local Government Finance Act 1992;

  • relevant special grant has the meaning given by section 32(12) of the M90Local Government Finance Act 1992.

Annotations:

Modifications etc. (not altering text)

C24S. 99 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 9

Marginal Citations

Chapter IIE+W+S Grants and Redistributed Non-domestic Rates

GrantsE+W+S

100 General GLA grant.E+W+S

(1)For each financial year, the Secretary of State shall pay a grant (to be called general GLA grant) to the Authority.

(2)The grant shall be paid for the purposes of the Authority and the functional bodies.

(3)For each financial year 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.

Annotations:

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

101 GLA transport grant.E+W+S

(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.

Annotations:

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)

Distribution of grants etc.E+W+S

102 Mayor to distribute grants etc between Authority and functional bodies.E+W+S

(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;

(b)additional grant;

(c)relevant special grant;

(d)general GLA grant;

(e)redistributed 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 M91Local Government Finance Act 1988.

(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.

(8)In this section relevant special grant has the meaning given by section 32(12) of the M92Local Government Finance Act 1992.

Annotations:

Modifications etc. (not altering text)

C25S. 102 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 10

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

103 Authority’s duty to account to functional bodies for their grants.E+W+S

(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.

Chapter IIIE+W+S Emergency Financial Assistance, Funds and Miscellaneous Matters

104 Emergency financial assistance.E+W+S

(1)Section 155 of the M93Local 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;;

[F28(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.

Annotations:

Amendments (Textual)

F28S. 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

105 Component budgets: anticipation of certain levies.E+W+S

(1)Section 74 of the M94Local 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;.

Annotations:

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

106 The Authority’s general fund.E+W+S

(1)Section 91 of the M95Local 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 M96Local 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) ”.

Annotations:

Marginal Citations

107 Judicial review.E+W+S

(1)Section 66 of the M97Local 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;.

Annotations:

Marginal Citations

108 Functions to be discharged only by certain authorities.E+W+S

(1)Section 67 of the M98Local Government Finance Act 1992 (functions to be discharged only by the authority) shall be amended as follows.

(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.

Annotations:

Marginal Citations

109 Information.E+W+S

(1)In section 168 of the M99Local 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 M100Local 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 M101Local 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);.

Annotations:

Marginal Citations

110 Provision of information by functional bodies to Mayor or Assembly.E+W+S

(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.

Chapter IVE+W+S+N.I. Revenue Accounts and Capital Finance

Application of Part IV of Local Government and Housing Act 1989E+W

111 Part IV of 1989 Act to apply to Authority and functional bodies.E+W

(1)Section 39 of the M102Local Government and Housing Act 1989 (application of Part IV) shall be amended as follows.

(2)In subsection (1) (which specifies the authorities with respect to whose finances the Part applies) 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;.

(3)In consequence of the amendment made by subsection (2) above, in subsection (1) the paragraph (bb) inserted after paragraph (a) by paragraph 88 of Schedule 16 to the M103Local Government (Wales) Act 1994 (county borough council) shall become paragraph (aa).

(4)In subsection (3) (bodies which may be prescribed by regulations under subsection (1)(k)) at the end of paragraph (c) there shall be inserted “ or ”.

Annotations:

Commencement Information

I24S. 111 wholly in force at 3.7.2000; s. 111 not in force at Royal Assent see s. 425(2); s. 111 in force for specified purposes at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 111 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

Credit approvalsE+W+S

112 Provisions to be in place of sections 53 to 55 of 1989 Act.E+W+S

(1)Sections 53 to 55 of the M104Local Government and Housing Act 1989 (basic and supplementary credit approvals and the criteria for issuing them) shall not apply in relation to the Authority or any of the functional bodies.

(2)Sections 113 to 117 below shall apply in relation to the Authority and the functional bodies in place of the provisions mentioned in subsection (1) above.

Annotations:

Commencement Information

I25S. 112 wholly in force at 3.7.2000; s. 112 not in force at Royal Assent see s. 425(2), s. 112 in force for specified purposes at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 112. 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

113 Aggregate credit approval for Authority and functional bodies.E+W+S

(1)Before the beginning of each financial year the Secretary of State shall issue to the Mayor, in the form of a notice in writing, a credit approval with respect to the credit arrangements and expenditure for capital purposes during that year of the Authority and each of the functional bodies.

(2)The Secretary of State shall send to each of the functional bodies a copy of any credit approval issued under this section.

(3)A credit approval issued under this section (an aggregate credit approval) may be nil but, subject to that, shall consist of such number of specified amounts of money, for such authorities or purposes, as the Secretary of State may determine.

(4)Each amount so determined and specified by the Secretary of State must be an amount of a category described in subsection (5) below.

(5)For the purposes of this Chapter—

(a)a category A amount is an amount for a specified authority with respect to the authority’s credit arrangements and expenditure for capital purposes during the financial year for which the approval is given;

(b)a category B amount is an amount for a specified authority with respect to the authority’s credit arrangements and expenditure for capital purposes of one or more specified descriptions during that year;

(c)a category C amount is an amount with respect to credit arrangements and expenditure for capital purposes during that year for allocation by the Mayor to such one or more of the authorities, and in such proportions, as he may see fit, and for such purposes consisting of or comprised within those purposes as he may state in the notice of an allocation;

(d)a category D amount is an amount with respect to credit arrangements and expenditure for capital purposes of one or more specified descriptions during that year for allocation by the Mayor to such one or more of the authorities, and in such proportions, as he may see fit, and for such purposes consisting of or comprised within those purposes as he may state in the notice of an allocation.

(6)In this section—

  • authority means the Authority or any of the functional bodies;

  • specified means specified by the Secretary of State in the approval.

Annotations:

Modifications etc. (not altering text)

C26S. 113 wholly in force at 3.7.2000; S. 113 not in force at Royal Assent see s. 425(2); s. 113(1)(3)-(6) in force at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 113(2) in force at 3.7.2000 by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

C27Words in s. 113(1) modified (24.4.2000) by S.I. 2000/862, art. 2(2)(a)

C28Words in s. 113(5) modified (24.4.2000) by S.I. 2000/862, art. 2(2)(b)

114 Additional credit approval.E+W+S

(1)Any Minister of the Crown may at any time issue to the Mayor, in the form of a notice in writing, a credit approval with respect to credit arrangements and expenditure for capital purposes.

(2)A credit approval issued under this section (an additional credit approval) shall have effect for such period as is specified in the approval.

(3)Where an additional credit approval is issued not more than six months after the end of a financial year, the period specified under subsection (2) above may be one which begins, or begins and ends, at any time during that financial year.

(4)Subsections (2) to (6) of section 113 above shall apply in relation to an additional credit approval as they apply in relation to an aggregate credit approval, but taking—

(a)any reference to the Secretary of State as a reference to the Minister of the Crown issuing the approval, and

(b)any reference to the financial year for which the approval is given as a reference to the period for which the approval has effect.

115 Notification of category C or D allocations.E+W+S

(1)Where the Mayor makes an allocation from a category C or D amount—

(a)under an aggregate credit approval, to the Authority, or

(b)under an additional credit approval, to the Authority or a functional body,

he shall give notice of the allocation to each of the functional bodies.

(2)Where the Mayor makes an allocation to a functional body from a category C or D amount under an aggregate credit approval, notice of the allocation shall be given to each of the functional bodies by including a statement of the amount so allocated (together with a statement of the purposes for which the amount is allocated) in section B of the capital spending plan, pursuant to section 122(4)(d) below.

(3)In the other provisions of this Chapter, any reference to notice of an allocation from a category C or D amount is a reference to the notice of the allocation given in accordance with subsection (1) or (2) above.

Annotations:

Modifications etc. (not altering text)

C29S. 115 modified (24.4.2000) by S.I. 2000/862, art. 2(3)

Commencement Information

I26S. 115 partly in force; s. 115 not in force at Royal Assent see s. 425(2); s. 115(1)(3) in force and s. 115(2) in force for specified purposes (3.7.2000) by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

116 Amortisation.E+W+S

(1)Where regulations made by the Secretary of State so require, an aggregate credit approval or an additional credit approval shall specify, directly or by reference to tables or other documents specified in the approval, an amortisation period.

(2)In this section amortisation period means a period during which a relevant authority is required to set aside, from a revenue account, as provision to meet credit liabilities, such amounts as may be appropriately determined.

(3)If regulations under subsection (1) above so provide, an aggregate credit approval or an additional credit approval may specify—

(a)different amortisation periods in relation to the use of the approval in respect of credit arrangements and expenditure for capital purposes of different descriptions; or

(b)different amortisation periods in relation to different amounts specified in the approval.

(4)Subsection (1) above does not apply in relation to a category B credit approval issued in respect of expenditure which is treated as expenditure for capital purposes of a relevant authority by virtue only of directions under section 40(6) of the M105Local Government and Housing Act 1989.

(5)But the Secretary of State or other Minister issuing a category B credit approval may specify in the approval, directly or by reference to tables or other documents specified in the approval, an amortisation period in respect of such expenditure as is mentioned in subsection (4) above.

(6)In subsection (2) above, appropriately determined means—

(a)in its application for the purposes of subsection (1) above, determined in accordance with regulations under that subsection; and

(b)in its application for the purposes of subsection (5) above, determined in accordance with the approval.

(7)In this section—

  • category B credit approval means an aggregate credit approval or an additional credit approval to the extent that the approval consists of a category B amount;

  • relevant authority, in the case of any credit approval, means an authority—

    (a)

    for which a category A or B amount is specified in the approval, or

    (b)

    to which a category C or D amount is allocated under the approval.

Annotations:

Commencement Information

I27S.116 wholly in force at 3.7.2000: s.116 in force at Royal Assent (11.11.1999)for certain purposes, see s.425(2); s. 116 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

117 Criteria for issuing credit approvals.E+W+S

(1)In determining any amount to be specified in an aggregate credit approval or an additional credit approval, the Secretary of State or other Minister may have regard, subject to the following provisions of this section, to such factors as appear to him to be appropriate.

(2)Without prejudice to the generality of subsection (1) above, the Secretary of State or other Minister may, in particular, have regard—

(a)to the amount of any grants or contributions which it appears to him that a relevant authority has received and is likely to receive from any person in respect of expenditure incurred by the authority or to be incurred by the authority before the expiry of the period for which the credit approval is to have effect; and

(b)subject to subsection (3) below, to the amount of capital receipts which it appears to him that any relevant authority has received, might reasonably be expected to have received or to receive or is likely to receive before the expiry of the period for which the credit approval is to have effect.

(3)In determining any amount to be specified in an aggregate credit approval or an additional credit approval, the Secretary of State or other Minister shall not take account of capital receipts—

(a)to the extent that a relevant authority is required to set aside the receipts as provision for credit liabilities;

(b)to the extent that they are received as mentioned in subsection (7) of section 59 of the M106Local Government and Housing Act 1989; or

(c)to the extent that their amount falls to be treated as reduced for any purpose under subsection (8) or (9) of that section.

(4)In determining any amount to be specified in the aggregate credit approval or in an additional credit approval to be issued to the Mayor in any financial year, the Secretary of State or other Minister shall not take account of the extent to which it appears to him that any relevant authority is, or is likely to be, in a position to finance expenditure for capital purposes from a revenue account.

(5)In this section relevant authority, in the case of any credit approval, means—

(a)as respects a category A or B amount, the authority for which the amount is to be specified, and

(b)as respects a category C or D amount, any authority to which an allocation from that amount may be made by the Mayor in accordance with the approval.

Annotations:

Marginal Citations

118 Part IV of 1989 Act and credit approvals under this Chapter.E+W+S

(1)Where a category A or B amount is specified for an authority in an aggregate credit approval or an additional credit approval, so much of the approval as relates to that amount shall be treated for the purposes of Part IV of the M107Local Government and Housing Act 1989 (other than sections 53 to 55) as a credit approval issued to that authority under that Part.

(2)Where an allocation from a category C or D amount specified in an aggregate credit approval or an additional credit approval is made by the Mayor—

(a)to the Authority, or

(b)to a functional body,

the notice of the allocation (read with so much of the credit approval as relates to the allocation) shall be treated for the purposes of Part IV of the M108Local Government and Housing Act 1989 (other than sections 53 to 55) as a credit approval issued under that Part to the Authority or, as the case may be, to the functional body.

(3)Section 56 of the M109Local Government and Housing Act 1989 (use of basic credit approvals and supplementary credit approvals) shall apply in relation to a credit approval treated by virtue of subsection (1) or (2) above as issued under Part IV of that Act as it applies in relation to a basic credit approval or a supplementary credit approval.

(4)Any reference in this Chapter to the use of an aggregate credit approval or an additional credit approval is a reference to the use, under Part IV of the M110Local Government and Housing Act 1989 or any other enactment, of any credit approvals treated as issued under that Part by virtue of the application of subsection (1) or (2) above in relation to the aggregate credit approval or, as the case may be, the additional credit approval (and related expressions shall be construed accordingly).

Annotations:

Marginal Citations

Capital receipts and mutual grantsE+W+S

119 Power to redistribute capital receipts of functional bodies.E+W+S

(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 the usable part of 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 expenditure for capital purposes 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 the usable part of 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 expenditure for capital purposes of the assisted body generally or to require it to be applied towards meeting only such expenditure of a particular description;

(f)for and in connection with treating the whole or a prescribed part of the relevant amount as added to the usable part of the capital receipts of the assisted body, for the purposes of Part IV of the M111Local Government and Housing Act 1989;

(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.

Annotations:

Commencement Information

I28S.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

Marginal Citations

120 Capital grants between Authority and functional bodies.E+W+S

(1)The Authority may pay grants towards meeting expenditure for capital purposes 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 for capital purposes 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 for capital purposes which it may be applied towards meeting.

(4)A grant under this section must be applied by the recipient body solely towards meeting expenditure for capital purposes incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions.

121 Revenue grants between Authority and functional bodies.E+W+S

(1)The Authority may pay grants towards meeting expenditure, other than expenditure for capital purposes, 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 expenditure for capital purposes, 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 expenditure for capital purposes).

(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 expenditure for capital purposes.

The Mayor’s capital spending planE+W+S

122 Form and contents.E+W+S

(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 the usable part of the body’s capital receipts; and

(c)the amount by which the usable part of the body’s capital receipts is 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;

(b)the total amount of category A amounts specified for the body in the aggregate credit approval for the year;

(c)the total amount of category B amounts specified for the body in the aggregate credit approval for the year; and

(d)each amount which the Mayor has decided to allocate to the body out of the category C and D amounts specified in the aggregate credit approval for the year (together with a statement of the purposes for which the amount is allocated).

(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 expenditure for capital purposes which the Mayor expects the body to incur during the year; and

(b)the total amount of credit cover which the Mayor expects the body to have available under sections 50(2) and 51(4) of the M112Local Government and Housing Act 1989 with respect to credit arrangements entered into or varied during the year;

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 the usable part of its capital receipts;

(c)the amount which he expects the body to meet by using the aggregate credit approval for the year;

(d)the amount which he expects the body to meet by making a charge to a revenue account.

Annotations:

Commencement Information

I29S. 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

Marginal Citations

123 Preparation.E+W+S

(1)After the Secretary of State has issued the aggregate credit approval for a 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.

Annotations:

Commencement Information

I30S. 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

Supplementary provisionsE+W+S

124 Admissible factors in preparing capital spending plan etc.E+W+S

(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

(b)the amounts to be allocated to the body out of the category C and D amounts specified in the aggregate credit approval for the year.

(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;

(b)the amount met out of the usable part of the body’s capital receipts;

(c)the amount met by using the aggregate credit approval or any additional credit approvals;

(d)the amount met by making a charge to a revenue account.

Annotations:

Commencement Information

I31S. 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

125 Information.E+W+S

(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) in one or both of the following ways—

(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; and

(b)under arrangements made by the Audit Commission for Local Authorities and the National Health Service in England and Wales.

(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.

126 Interpretation of Chapter IV.E+W+S

(1)In this Chapter, unless the context otherwise requires—

  • additional credit approval shall be construed in accordance with section 114 above;

  • aggregate credit approval shall be construed in accordance with section 113 above;

  • capital receipts has the same meaning as in Part IV of the M113Local Government and Housing Act 1989 (see section 58 of that Act);

  • capital spending plan means a capital spending plan under section 122 above;

  • category, denoted by a following capital letter and used in relation to an amount, shall be construed in accordance with section 113(5) above;

  • expenditure for capital purposes has the same meaning as in Part IV of the M114Local Government and Housing Act 1989 (see section 40 of that Act);

  • notice, in relation to an allocation from a category C or D amount, shall be construed in accordance with section 115(3) above;

  • the usable part, in relation to capital receipts, has the same meaning as in Part IV of the M115Local Government and Housing Act 1989 (see section 60 of that Act);

  • use, in relation to an aggregate credit approval or an additional credit approval, shall be construed in accordance with section 118(4) above.

(2)References in this Chapter to credit arrangements, or to entering into credit arrangements, shall be construed in accordance with Part IV of the M116Local Government and Housing Act 1989 (see section 48 of that Act).

Annotations:

Marginal Citations

Chapter VE+W+S Financial Administration, Accounts and Audit

Financial administrationE+W+S

127 Proper financial administration and chief finance officer.E+W+S

(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 and the London Development Agency, includes a reference to members of the relevant authority.

(5)The chief finance officer of the Authority must be a member of staff appointed under section 67(2) 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 M117Local 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 M118Local Government Finance Act 1988 there shall be inserted “ , section 127(2) of the Greater London Authority Act 1999 ”.

Annotations:

Modifications etc. (not altering text)

C30S. 127(2) applied (10.5.2000) by S.I. 2000/1095, art. 6(5)(c)

Commencement Information

I32S. 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

128 Application of Part VIII of Local Government Finance Act 1988.E+W+S

(1)Section 111 of the M119Local 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.

Annotations:

Commencement Information

I33S. 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

129 Qualifications of chief finance officer.E+W+S

In section 113(1) of the M120Local 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 ”.

Annotations:

Commencement Information

I34S. 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

130 Functions of chief finance officer as regards reports.E+W+S

(1)Section 114 of the M121Local 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 M122Regional 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.

Annotations:

Commencement Information

I35S. 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

131 Duties of Authority or functional body as regards reports.E+W+S

(1)Section 115 of the M123Local 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 M124Local 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 M125Regional 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 M126Local Government Finance Act 1988 there shall be inserted—

115A Duties of Mayor of London and London Assembly as regards reports.

(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.

Annotations:

Commencement Information

I36S. 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

132 Monitoring officer not to be chief finance officer etc.E+W+S

(1)Section 5 of the M127Local Government and Housing Act 1989 (designation and reports of monitoring officer) shall be amended as follows.

(2)In subsection (8) (interpretation) in the M128definition of chief finance officerafter Local Government Finance Act 1988 there shall be inserted “ , section 127(2) of the Greater London Authority Act 1999 ”.

Annotations:

Commencement Information

I37S. 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

Accounts and auditE+W+S

133 Application of the Audit Commission Act 1998.E+W+S

(1)In Schedule 2 to the M129Audit Commission Act 1998 (accounts subject to audit) in paragraph 1 (bodies to whose accounts section 2 applies) after paragraph (b) there shall be inserted—

(bb)the Greater London Authority;

(bc)a functional body;

(bd)the London Pensions Fund Authority;.

(2)Schedule 8 to this Act (which makes further amendments of the M130Audit Commission Act 1998) shall have effect.

Annotations:

Commencement Information

I38S. 133 wholly in force at 3.7.2000; s. 133 not in force at Royal Assent see s. 425(2); s. 133 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 133 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

134 Summary statement of accounts of Authority and other bodies.E+W+S

(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)Section 14 of the M131Audit Commission Act 1998 (inspection of statements of accounts and auditors’ reports) 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 regulations under section 27 of that Act.

(5)Sections 15 to 24 of the M132Audit Commission Act 1998 (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)Section 27 of the M133Audit Commission Act 1998 (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 accounts or statements of accounts.

Annotations:

Marginal Citations

135 Information for purposes of section 134.E+W+S

(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.

Chapter VIE+W+S Miscellaneous and Supplementary Provisions

136 Amendment of cross-references to provisions of Chapter I.E+W+S

(1)In section 31(10)(a) of the M134Local Government Act 1999 (which refers to a provision of this Act which has since been renumbered) for 70(8) there shall be substituted “ 85(8) ”.

(2)Schedule 9 to this Act (which contains amendments to the M135Local Government Finance Act 1992 correcting references to provisions of this Act which have since been renumbered) shall have effect.

Annotations:

Commencement Information

I39S. 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

Marginal Citations

137 Council tax: no Crown exemption for Authority or functional bodies.E+W+S

(1)Section 19 of the M136Local 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;.

Annotations:

Marginal Citations

138 No discretionary rate relief for functional bodies.E+W+S

(1)Section 47 of the M137Local 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.

Annotations:

Marginal Citations

139 Local loans.E+W+S

(1)In Schedule 4 to the M138National 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 M139Public 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.

Annotations:

Marginal Citations

140 Functions of Mayor or Assembly under or by virtue of this Part.E+W+S

(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.

Part IVE+W+S+N.I. Transport

Chapter IE+W+S Transport functions of the Authority

The general transport dutyE+W+S

141 General transport duty.E+W+S

(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.

The transport strategyE+W+S

142 The Mayor’s transport strategy.E+W+S

(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.

143 Directions by the Secretary of State.E+W+S

(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.

144 Duties of London borough councils etc.E+W+S

(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 M140Parks Regulation Act 1872 applies (see sections 1 and 3 of the M141Parks Regulation (Amendment) Act 1926).

Annotations:

Marginal Citations

Local implementation plansE+W+S

145 Preparation of the plan.E+W+S

(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.

146 Approval of plans by the Mayor.E+W+S

(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.

147 Power of the Mayor to prepare a plan.E+W+S

(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.

148 Revision.E+W+S

(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.

149 Procedure for revision.E+W+S

(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.

150 Power of the Mayor to prepare a revised plan.E+W+S

(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.

151 Implementation by a London borough council.E+W+S

(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.

152 Implementation by the Mayor.E+W+S

(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.

153 Directions by the Mayor.E+W+S

(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.

Chapter IIE+W+S+N.I. Transport for London

Establishment and controlE+W+S

154 Establishment.E+W+S

(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.

Annotations:

Commencement Information

I40S. 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

155 Directions etc by the Mayor.E+W+S

(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.

Annotations:

Modifications etc. (not altering text)

C31S. 155(1) applied (with modifications) (temp.) (3.7.2000) by S.I. 2000/1504, arts. 4, 9(1)

Functions: general provisionsE+W+S

156 General powers.E+W+S

(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.

Annotations:

Modifications etc. (not altering text)

C32S. 156(2) extended (28.6.2000) by S.I. 2000/1462, art. 6

157 Restriction on exercise of certain powers except through a company.E+W+S

(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 a company which is limited by shares and registered under the M142Companies Act 1985 and which is—

(a)a subsidiary of Transport for London; or

(b)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 paragraph (a) 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—

(a)section 519 of the M143Income and Corporation Taxes Act 1988 (exemption of local authorities from income tax and corporation tax); and

(b)section 271 of the M144Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).

Annotations:

Commencement Information

I41S.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

158 Power of Mayor to transfer functions.E+W+S

(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.

Annotations:

Commencement Information

I42S.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

Financial provisionsE+W+S+N.I.

159 Financial assistance.E+W+S+N.I.

(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 M145Highways 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 M146Road Traffic Regulation Act 1984 (see sections 121A and 142(1) of that Act).

(8)In section 88(2) of the M147Local 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.

Annotations:

Marginal Citations

160 Guarantees.E+W+S

(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.

Reports and informationE+W+S

161 Annual report.E+W+S

(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.

162 Provision of information.E+W+S

(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.

Property and subsidiariesE+W+S

163 Restrictions on disposal of land.E+W+S

(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.

(6)Consent given under this section shall be given in an order made by the Secretary of State.

(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—

    (a)

    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

    (b)

    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 M148Transport 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).

Annotations:

Modifications etc. (not altering text)

C33S. 163 excluded (30.4.2002) by S.I. 2002/1066, art. 41(5)

Commencement Information

I43S.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

164 Control of subsidiaries.E+W+S

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.

165 Distribution of property, rights and liabilities.E+W+S

(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.

Functions relating to legislationE+W+S+N.I.

166 Procedure for making byelaws.E+W+S+N.I.

(1)Section 236 of the M149Local 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.

Annotations:

Marginal Citations

167 Power of Transport for London to promote or oppose Bills in Parliament.E+W+S

(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.

168 Orders under the Transport and Works Act 1992.E+W+S+N.I.

(1)Section 20 of the M150Transport 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.

Annotations:

Marginal Citations

InterpretationE+W+S

169 Meaning of transport subsidiary’s agreement.E+W+S

(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.

Chapter IIIE+W+S London Regional Transport

170 Powers of disposal.E+W+S

(1)Section 9 of the M151London 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—

    (a)

    by way of sale, exchange or lease,

    (b)

    by way of the grant of any option or the creation of any easement, right or privilege, or

    (c)

    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.

Annotations:

Marginal Citations

171 Power to give guarantees.E+W+S

(1)Section 17 of the M152London 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.

Annotations:

Marginal Citations

172 Supplementary provisions with respect to transfer schemes.E+W+S

(1)Section 27 of the M153London 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 M154Transport 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.

Annotations:

Marginal Citations

Chapter IVE+W+S Public passenger transport

173 Provision of public passenger transport.E+W+S

(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.

174 Structure of fares and services.E+W+S

(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.

Annotations:

Modifications etc. (not altering text)

C34S. 174(1) extended (temp.) (3.7.2000) by S.I. 2000/1504, art. 4

175 Co-operation with the [F29Strategic Rail Authority].E+W+S

(1)It shall be the duty of Transport for London (either acting directly, or acting through a subsidiary) and the [F30Strategic Rail Authority] 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 whose provision is secured by the [F30Strategic Rail Authority]pursuant to section 30, 37 or 38 of the M155Railways Act 1993; and

(b)of securing or facilitating the duty of Transport for London under section 154(3) above;

and to afford to one another such information as to the services mentioned in paragraph (a) above as may reasonably be required for those purposes.

(2)For the purposes of the co-operation required under subsection (1) above, Transport for London and the [F30Strategic Rail Authority] 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.

(3)The references in subsections (1) and (2) above to the functions of the [F31Strategic Rail Authority] shall be taken as a reference to—

(a)[F32its] functions under sections 23 to 31 of the M156Railways Act 1993 (franchising of passenger services), and

(b)the duties imposed upon [F33it] by sections 37 and 38 of that Act (discontinuance of railway passenger services) to secure the provision of services.

F34(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F29S. 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))

F30Words in s. 175(1)(a)(ii)(2) 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))

F31Words in s. 175(3) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 59(1)(3)(a); 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))

F32Words in s. 175(3)(a) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 59(1)(3)(b); 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))

F33Word in s. 175(3)(b) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 59(1)(3)(c); 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))

F34S. 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

176 Co-operation with other persons.E+W+S

(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.

177 Provision of extra passenger transport services and facilities.E+W+S

(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 [F35Strategic Rail Authority], 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 [F35Strategic Rail Authority] 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 M157Railways Act 1993 have the same meaning in this section as in that Part.

Annotations:

Amendments (Textual)

F35Words in s. 177(1)(b)(2) substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 60; 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

178 Information and publicity about plans as to services and fares.E+W+S

(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.

Chapter VE+W+S Regulation of bus services in Greater London

IntroductoryE+W+S

179 London local services.E+W+S

(1)In this Part—

  • local service has the meaning given to it by section 2 of the M158Transport 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.

(3)For the purposes of this Part of this Act a service provided in pursuance of an agreement with the [F36Strategic Rail Authority, entered into under section 214 of the Transport Act 2000] (temporary interruption of railway service), is not a London local service.

Annotations:

Amendments (Textual)

F36Words in s. 179(3) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 58; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)

Marginal Citations

180 Provision of London local services.E+W+S

(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.

Annotations:

Modifications etc. (not altering text)

C35S. 180 modified (28.6.2000) by S.I. 2000/1462, art. 4(1)(2)

The London bus networkE+W+S

181 The London bus network.E+W+S

(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.

182 London local service agreements.E+W+S

(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 M159Transport 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 M160Transport Act 1985 (a community bus permit).

Annotations:

Marginal Citations

183 Addition or variation of a network service.E+W+S

(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.

184 Discontinuance of a network service.E+W+S

(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.

Bus services outside the networkE+W+S

185 London service permits.E+W+S

(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.

Annotations:

Modifications etc. (not altering text)

C36S. 185(1) modified (28.6.2000) by S.I. 2000/1462, art. 4(1)(3)

C37S. 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))

186 Grant of London service permits.E+W+S

(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.

187 Conditions.E+W+S

(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.

188 Revocation.E+W+S

(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.