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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.

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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) [F2or 37A] 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:

Amendments (Textual)

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 [F3a party registered under Part II of the Political Parties, Elections and Referendums Act 2000].

Annotations:

Amendments (Textual)

F3Words 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.

[F4(5)Any period during which an Assembly member is suspended or partially suspended under section 66, [F5 66A, 73, 78, 78A ] 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)

F4S. 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.

Annotations:

Modifications etc. (not altering text)

C3S. 11(3) restricted by S.I. 2002/427, Sch. 9 rule 58(3) (as substituted (1.3.2004) by The Greater London Authority Elections (Amendment) Rules 2004 (S.I. 2004/227), rules 1(1), 2(8), Sch. 5)

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

[F6(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.

[F7(2)Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, [F8 66A, 73, 78, 78A ] or 79 of the Local Government Act 2000 shall be disregarded for the purposes of subsection (1) above.]

Annotations:

Amendments (Textual)

F6S. 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

F7S. 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.

[F917A 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 [F10(or, in the case of a person who has an anonymous entry in any such register, in the record of anonymous entries for that electoral area)] as below voting age if (but only if) it appears from the register [F11(or from the record)] that he will be of voting age on the day fixed for the poll.

[F12(2A)In subsection (2)(b), “anonymous entry” and “record of anonymous entries” have the meaning given in section 202(1) of the Representation of the People Act 1983.]

(3)The Secretary of State 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 [F13a 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)

F9S. 17A inserted (9.3.2000) by 2000 c. 2, s. 14(1)(2)

F13Words 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)

C4S. 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 [F14 qualifying ] 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 [F15 18 ] 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.

[F16(7A)For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

(a)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(7B)But a person is not a qualifying Commonwealth citizen by virtue of subsection (7A)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).]

(8)In this section—

  • 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 [F17 qualifying ] 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;

[F18(c)he is the subject of a bankruptcy restrictions order or an interim order;]

(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,

[F19(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.

[F20(2A)In this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.]

F21(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of subsection (1)(d) above—

(a)the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires, or

(b)if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution,

shall be deemed to be the date of the conviction.

(6)This section shall apply in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.

(7)References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.

Annotations:

Amendments (Textual)

F19S. 21(2)(c)(d) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 35(a)

F20S. 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

[F23Salaries, expenses, pensions and other payments]E+W+S

Annotations:

Amendments (Textual)

F23S. 24 heading substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 1(3), 59(7); S.I. 2008/113, art. 2(a)

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.

[F2426APayments on ceasing to hold officeE+W

(1)The Authority may establish and administer such schemes as it may from time to time determine for the making of payments to or in respect of persons on their ceasing to hold office as the Mayor or as an Assembly member.

(2)The power conferred by subsection (1) above includes power to make different provision for different cases.

(3)The Authority's functions under subsection (1) above are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.

(4)The standing orders of the Assembly must include provision for the publication of every determination under this section.

(5)A determination under this section does not affect benefits in payment under this section before the making of the determination.]

Annotations:

Amendments (Textual)

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[F25, 26 and 26A] above for each financial year.

Annotations:

Amendments (Textual)

F25Words in s. 27 substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 1(2), 59(7); S.I. 2008/113, art. 2(a)

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);

  • F26. . .

  • 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;

  • F27. . .

  • 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;

  • F28. . .

  • 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)

F26Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

F27Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

F28Definition 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)

C5S. 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 [F29each of the following]

(a)the health of persons in Greater London;

[F30(aa)health inequalities between persons living in Greater London;]

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

[F31(c)climate change, and the consequences of climate change.]

(5)Where the Authority exercises the power conferred by subsection (1) above, it shall do so in the way which it considers best calculated—

(a)to promote improvements in the health of persons in Greater London,

[F32(aa)to promote the reduction of health inequalities between persons living in Greater London, F33...]

(b)to contribute towards the achievement of sustainable development in the United Kingdom, [F34and

(c)to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,]

except to the extent that the Authority considers that any action that would need to be taken by virtue of paragraph (a)[F35, (aa)][F36, (b) or (c)] above is not reasonably practicable in all the circumstances of the case.

(6)In subsection (5)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of the power.

[F37(6A)In subsection (5)(aa) above, the reference to promoting the reduction of health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of the power.]

(7)The Secretary of State may issue guidance to the Authority concerning the exercise by the Authority of the power conferred by subsection (1) above.

(8)In deciding whether or how to exercise that power, the Authority shall have regard to any guidance issued under subsection (7) above.

(9)Any guidance issued under subsection (7) above shall be published by the Secretary of State in such manner as he considers appropriate.

(10)The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

[F38(11)In this section—

(a)climate change” has the same meaning as in section 361A below, and

(b)in relation to climate change, “adaptation”, “consequences” and “mitigation” have the same meaning as in that section.]

Annotations:

Amendments (Textual)

F29Words in s. 30(4) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(2)(a), 59(7); S.I. 2008/113, art. 2(d)

F30S. 30(4)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(2)(b), 59(7); S.I. 2008/113, art. 2(d)

F32S. 30(5)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(3)(a), 59(7); S.I. 2008/113, art. 2(d)

F33Word in s. 30(5)(aa) repealed (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), s. 59(7), Sch. 2; S.I. 2008/113, art. 2(m)

F34S. 30(5)(c) and word inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(3)(a), 59(7); S.I. 2008/113, art. 2(i)

F35Word in s. 30(5) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(3)(b), 59(7); S.I. 2008/113, art. 2(d)

F36Words in s. 30(5) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(3)(b), 59(7); S.I. 2008/113, art. 2(i)

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 [F39any 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)

F39Words 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.

Annotations:

Modifications etc. (not altering text)

C6S. 34(2) excluded (18.11.2003) by Local Government Act 2003 (c. 26), ss. 93, 128(2)(d)

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 [F40sections 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)

F40Words 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.

[F41(2A)In relation to functions exercisable by the Mayor under Part 11 of the Planning Act 2008 (Community Infrastructure Levy) subsection (2) has effect with the omission of paragraphs (c) to (f).]

(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)[F42Subject 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)[F43Subject 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.

[F44(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.

[F45(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)

F42Words in s. 38(4) substituted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(a)

F43Words in s. 38(5) substituted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(b)

F44S. 38(5A) inserted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(c)

F45S. 38(11) added (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(d)

Modifications etc. (not altering text)

C8S. 38(1) excluded (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004, 1.1.2004 for E.) by Local Government Act 2003 (c. 26), ss. 3(9), 128(6); S.I. 2003/2938, art. 5 (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 3)

C9S. 38(1) excluded by 2004 c. 5, s. 15(10) (as inserted (E.W.) (23.10.2007 for specified purposes, 27.6.2008 so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(11), 59(4)(b)); S.I. 2008/1372, art. 2

C10S. 38(1) excluded by 1990 c. 8, s. 2B(8) (as inserted (E.W.) (23.10.2007 for specified purposes, 6.4.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 31(2), 59(4)(b); S.I. 2008/582, art. 2(a))

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.

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,

[F46(bb)the health inequalities strategy prepared and published under section 309E below,]

[F47(bc)the London housing strategy prepared and published under section 333A below,]

(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,

[F48(ee)the London climate change mitigation and energy strategy prepared and published under section 361B below,]

[F49(ef)the adaptation to climate change strategy for London prepared and published under section 361D 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 [F50each of the following]

(i)the health of persons in Greater London;

[F51(ia)health inequalities between persons living in Greater London;]

(ii)the achievement of sustainable development in the United Kingdom;

[F52(iii)climate change, and the consequences of climate change; and]

(c)the matters specified in subsection (5) below.

(5)Those matters are—

(a)the need to ensure that the strategy is consistent with national policies 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,

[F53(aa)to promote the reduction of health inequalities between persons living in Greater London, and

(b)to contribute towards the achievement of sustainable development in the United Kingdom][F54, and

(c)to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,]

except to the extent that he considers that any action that would need to be taken by virtue of paragraph (a)[F55, (aa)][F56, (b) or (c)] above is not reasonably practicable in all the circumstances of the case.

(8)In subsection (7)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the strategy or revision.

[F57(8A)In subsection (7)(aa) above, the reference to promoting the reduction of health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the strategy or revision.]

(9)The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above[F58, except the London housing strategy,] as he may consider appropriate, having regard to—

(a)any related targets or objectives set nationally; and

(b)any performance indicators set by the Secretary of State, whether nationally or locally, which affect the exercise of functions by authorities involved in the implementation of the strategy;

and in setting any such targets the Mayor shall seek to secure that they are not less demanding than any related targets or objectives which are set nationally.

(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.

[F59(12)In this section—

(a)climate change” has the same meaning as in section 361A below, and

(b)in relation to climate change, “adaptation”, “consequences” and “mitigation” have the same meaning as in that section.]

Annotations:

Amendments (Textual)

F47S. 41(1)(bc) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(2), 59(5)

F48S. 41(1)(ee) inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 43(1), 59(4)(b); S.I. 2008/113, art. 2(i)

F50Words in s. 41(4)(b) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(3)(a), 59(7); S.I. 2008/113, art. 2(d)

F51S. 41(4)(b)(ia) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(3)(b), 59(7); S.I. 2008/113, art. 2(d)

F52S. 41(4)(iii) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(2), 59(7); S.I. 2008/113, art. 2(i)

F53S. 41(7)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(4)(a), 59(7); S.I. 2008/113, art. 2(d)

F54S. 41(7)(c) and word inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(3)(a), 59(7); S.I. 2008/113, art. 2(i)

F55Word in s. 41(7) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(4)(b), 59(7); S.I. 2008/113, art. 2(d)

F56Words in s. 41(7) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(3)(b), 59(7); S.I. 2008/113, art. 2(i)

F58Words in s. 41(9) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(3), 59(5)

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.

[F60(5)Section 42A below supplements subsection (1) above (but see subsection (6) below).]

(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:

Amendments (Textual)

Modifications etc. (not altering text)

C12S. 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

[F6142AConsultation: supplementary provisionE+W

(1)This section supplements section 42(1) above.

(2)The Mayor must consult the Assembly and the functional bodies under section 42(1)(a) and (b) above before consulting other bodies or persons under section 42(1)(c) to (e) above.

(3)The Mayor must have regard to any comments submitted to him in response by the Assembly or any of the functional bodies.

(4)Before consulting under section 42(1)(c) to (e) above, the Mayor must—

(a)prepare a statement in accordance with the following provisions of this section, and

(b)submit that statement to the Chair of the Assembly.

(5)The statement must—

(a)identify which of the comments submitted by the Assembly are accepted by the Mayor for implementation in the strategy, and

(b)set out the reasons why any comments so submitted are not so accepted.

(6)The statement must be in writing.]

Annotations:

Amendments (Textual)

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 [F625] clear working days before the first meeting of the Assembly held pursuant to subsection (3) of section 52 below, and thereafter not later than [F625] 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)[F63, 72(1), 73(1) or 127A(1)] below,

(b)a functional body,

(c)a member of a functional body, or

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

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 [F64person 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 [F65concerned]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)

F62Word in s. 45(1) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 3(2), 59(7); S.I. 2008/113, art. 2(a)

F63Words in s. 45(6) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(2), 59(7); S.I. 2008/113, art. 2(a)

F64Words in s. 45(8) substituted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 4(a)

F65Word 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.

[F66(4A)There must be at least 21 clear days between a meeting under subsection (3) above and the last such meeting before it, but this does not apply to the gap between the first such meeting after an ordinary election and the last such meeting before that election.]

(5)Notice of the time and place of any meeting of the Assembly—

(a)shall be given to the Mayor and the Assembly members, and

(b)shall be published,

in accordance with the standing orders of the Authority.

(6)In the case of a meeting of the Assembly under subsection (3) above, the notice required by subsection (5) above must be given and published—

(a)if the meeting is the first such meeting after an ordinary election, as soon as reasonably practicable after the day of the poll at that election; or

(b)in any other case, at least [F6714] clear days before the meeting.

F68(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)An extraordinary meeting of the Assembly may be called at any time by the Chair of the Assembly.

(9)If—

(a)the Chair of the Assembly refuses to call an extraordinary meeting of the Assembly after a requisition for that purpose, signed by five Assembly members, has been presented to him, or

(b)if, without so refusing, the Chair of the Assembly does not call an extraordinary meeting within seven days after such a requisition has been presented to him,

any five Assembly members may forthwith call an extraordinary meeting of the Assembly.

(10)Section 54 below shall not apply in relation to any function of the Assembly under this section.

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.

F69(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where by virtue of this section any functions exercisable by the Assembly may be discharged by a committee of the Assembly, then, unless the Assembly otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or by a single member of the Assembly.

(4)Where by virtue of this section any functions exercisable by the Assembly may be discharged by a sub-committee of the Assembly, then, unless the Assembly or the committee concerned otherwise directs, the sub-committee may arrange for the discharge of any of those functions by a single member of the Assembly.

(5)Any arrangements made under this section by the Assembly, or by a committee or sub-committee of the Assembly, for the discharge of any functions by—

(a)a committee or sub-committee of the Assembly,

(b)a member of the Assembly, or

(c)a member of staff of the Authority,

shall not prevent the Assembly, or the committee or sub-committee by whom the arrangements are made, from exercising those functions.

(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:

Amendments (Textual)

Modifications etc. (not altering text)

C13S. 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.

[F7060AConfirmation hearings etc for certain appointments by the MayorE+W

(1)Schedule 4A to this Act (confirmation hearings etc) has effect in any case where this section applies.

(2)This section applies in any case where the Mayor proposes to make an appointment to any of the offices specified in subsection (3) below.

(3)The offices are—

  • chairman, or deputy chairman, of Transport for London (see section 154 and paragraph 3 of Schedule 10);

  • chairman, or deputy chairman, of the London Development Agency (see section 2 of the Regional Development Agencies Act 1998, as amended by section 304 below);

  • chairman, or vice chairman, of the Metropolitan Police Authority (but see subsection (4) below);

  • chairman of the London Fire and Emergency Planning Authority (see section 328 and paragraph 3 of Schedule 28);

  • [F71Mayor’s representative as chair of the London Waste and Recycling Board (see section 356A below and article 4 of the London Waste and Recycling Board Order 2008);]

  • chair of the Cultural Strategy Group (see section 375 and paragraph 3 of Schedule 30);

  • chairman, or deputy chairman, of the London Pensions Fund Authority (see section 403).

(4)Any reference in subsection (3) above to the chairman, or vice chairman, of the Metropolitan Police Authority has effect only in relation to appointments falling to be made after the function of making the appointment has become a function of the Mayor.

(5)The Secretary of State may by order amend this section for the purpose of specifying further offices in subsection (3) above.

(6)The Secretary of State must consult—

(a)the Mayor, and

(b)the Assembly,

before making an order under subsection (5) above.]

Annotations:

Amendments (Textual)

F70S. 60A inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 4(1), 59(4)(b); S.I. 2008/113, art. 2(a)

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 [F72 , 2 and 3A ] 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 [F738 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 [F748 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 [F758 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 [F768 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 [F778 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 [F788 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 [F798 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) [F80, 72(1), 73(1) or 127A(1) ] below to—

(a)give any evidence, or

(b)produce any documents,

which disclose advice given by that person to the Mayor.

(11)Nothing in this section shall require a person who is—

(a)a member of a functional body, or

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

to give any evidence, or produce any document, which discloses advice given to the Mayor by that person or, 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:

Amendments (Textual)

F73Words in s. 61(2)(c) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(a), 59(7); S.I. 2008/113, art. 2(a)

F74Words in s. 61(3)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(b), 59(7); S.I. 2008/113, art. 2(a)

F75Words in s. 61(3)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(b), 59(7); S.I. 2008/113, art. 2(a)

F76Words in s. 61(4)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(c), 59(7); S.I. 2008/113, art. 2(a)

F77Words in s. 61(4)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(c), 59(7); S.I. 2008/113, art. 2(a)

F78Words in s. 61(5)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(d), 59(7); S.I. 2008/113, art. 2(a)

F79Words in s. 61(5)(c) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(d), 59(7); S.I. 2008/113, art. 2(a)

F80Words in s. 61(10) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(3), 59(7); S.I. 2008/113, art. 2(a)

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

[F81Annual reportE+W

Annotations:

Amendments (Textual)

F81S. 65A and cross-heading inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 6, 59(7); S.I. 2008/113, art. 2(a)

65AAnnual report by the AssemblyE+W

(1)As soon as reasonably practicable after the end of each financial year the Assembly shall prepare a report on the exercise of its functions during the year (an “annual report”).

(2)An annual report shall include a statement of what the Assembly considers that it has achieved during the year.

(3)As soon as reasonably practicable after preparing an annual report, the Assembly —

(a)shall send a copy of the report to the Mayor, and

(b)when it has done that, shall publish the report.

(4)A copy of the annual report sent to the Mayor shall be kept available for the appropriate period by the Assembly for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(5)A copy of the annual report sent to the Mayor, or any part of that report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Assembly may determine.

(6)In this section “the appropriate period” in the case of an annual report is the period of six years beginning with the date of publication of that report pursuant to this section.]

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.

[F82(2)The head of the Authority's paid service, after consultation with the Mayor and the Assembly, and having regard, in particular, to—

(a)the resources available, and

(b)the priorities of the Authority,

may appoint such staff as he considers necessary for the proper discharge of the functions of the Authority.]

(3)Any appointment under subsection (1) or (2) above is an appointment as an employee of the Authority.

(4)No appointment under subsection (1) above shall be such as to extend beyond the term of office for which the Mayor was elected.

(5)Where the Mayor makes an appointment under subsection (1) above, he shall report to the Assembly in writing—

(a)the name of the person appointed,

(b)the post to which the person has been appointed, and

(c)the terms and conditions on which the person has been appointed.

(6)Section 7 of the 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:

Amendments (Textual)

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 [F83 and 3A ] (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of that section,

shall have effect as if each of the bodies specified in subsection (2) below were a local authority.

(2)The bodies are—

(a)the Authority;

(b)Transport for London;

(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:

Amendments (Textual)

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) [F84as the head of the Authority's paid service, after consultation with the Mayor and the Assembly, thinks fit].

(3)A person appointed under section 67(1) above shall not be required to perform any work or services for the Assembly or any member of the Assembly, except in accordance with subsection (4) below.

(4)It shall be a condition of the employment of—

(a)any person appointed under section 67(1)(b) above, and

(b)any person holding a politically restricted post under the Authority, other than a person appointed under section 67(1)(a) above,

that he comply with the requirements of subsection (5) below.

(5)Those requirements are that the person—

(a)attends every meeting of the Assembly held pursuant to section 52(3) above which he is requested by the Assembly to attend; and

(b)answers any questions put to him by Assembly members at any such meeting.

(6)The requirement of subsection (5)(b) above is that the person shall—

(a)so far as reasonably practicable, answer any such question orally at the meeting at which it is put; or

(b)if for any reason it is not reasonably practicable to do that, provide a written answer before the end of the third working day following the day on which the question was first asked at the meeting.

(7)For the purposes of subsection (4)(b) above, any question whether a person holds a politically restricted post under the Authority shall be determined in accordance with sections 2 [F85 and 3A ] 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:

Amendments (Textual)

F84Words in s. 70(2) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(2), 59(7) (with s. 7(5)-(7)); S.I. 2008/113, art. 2(a)

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

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)

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

72 Head of paid service.E+W+S

[F86(1)The Mayor and the Assembly, acting jointly, shall appoint a person to be head of the Authority's paid service.

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

(a)the person appointed under subsection (1) above were a person designated under subsection (1)(a) of that section;

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

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

(1B)Any appointment under subsection (1) above is an appointment as an employee of the Authority and—

(a)section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority;

(b)section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority.

(1C)The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit.]

[F87(2)A person must not at the same time be both—

(a)the head of the Authority's paid service appointed under subsection (1) above, and

(b)a member of staff appointed under section 67(1) above.]

(3)In the application of section 4 of the M43Local Government and Housing Act 1989 in relation to the Authority by virtue of [F88subsection (1A)] above, the following provisions shall have effect.

F89(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the head of paid service)—

(a)so far as relating to the provision of staff, [F90shall be discharged by the head of the Authority's paid service after consultation with the Mayor and the Assembly]; and

(b)so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.

(6)Any report prepared under subsection (2) (report by head of paid service) shall be a report to the Mayor and the Assembly.

(7)The references to functions in paragraphs (a) and (b) of subsection (3) (matters concerning which proposals may be made in a report under subsection (2)) shall be taken as references to the functions of the Authority, whether exercisable by the Mayor, the Assembly, or the Mayor and Assembly acting jointly.

(8)It shall be the duty of the Mayor personally to consider any report to the Mayor and Assembly under subsection (2).

(9)The meeting required by subsection (5) to be held to consider any such report shall be a meeting of the Assembly which must not be held until—

(a)the Mayor has submitted to the Chair of the Assembly a written statement of his views on the report; or

(b)the period of one month has elapsed since copies of the report were first sent to members of the Assembly without the Mayor having submitted any such statement;

and the reference in that subsection to section 101 of the M44Local 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.

[F91(11)The head of the Authority's paid service may arrange for a member of staff of the Authority, other than a member of staff appointed under section 67(1) above, to exercise on his behalf any function exercisable by the head of paid service under section 67(2) or 70(2) above.]

Annotations:

Amendments (Textual)

F86S. 72(1)-(1C) substituted (E.W.) for s. 72(1) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(2), 59(7) (with s. 8(7)-(9)); S.I. 2008/113, art. 2(a)

F88Words in s. 72(3) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(4), 59(7) (with s. 8(7)-(9)); S.I. 2008/113, art. 2(a)

F90Words in s. 72(5)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(3), 59(7) (with s. 7(5)-(7)); S.I. 2008/113, art. 2(a)

Modifications etc. (not altering text)

C18Ss. 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

[F92(1)The Mayor and the Assembly, acting jointly, shall appoint a person to be the Authority's monitoring officer.

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

(a)the person appointed under subsection (1) above were a person designated under subsection (1)(a) of that section;

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

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

(1B)Any appointment under subsection (1) above is an appointment as an employee of the Authority and—

(a)section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority;

(b)section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority.

(1C)The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit.]

[F93(2)A person must not at the same time be both—

(a)the Authority's monitoring officer appointed under subsection (1) above, and

(b)a member of staff appointed under section 67(1) above.]

(3)In the application of section 5 of the M45Local Government and Housing Act 1989 in relation to the Authority by virtue of [F94subsection (1A)] above, the following provisions shall have effect.

F95(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the monitoring officer)—

(a)so far as relating to the provision of staff, [F96shall be discharged by the head of the Authority's paid service after consultation with the Mayor and the Assembly]; and

(b)so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.

(6)For subsection (2) there shall be substituted—

(2)It shall be the duty of the Greater London Authority’s monitoring officer, if at any time it appears to him that any proposal, decision or omission of a GLA body or person has given rise to, or is likely to or would give rise to—

(a)a contravention by that or any other GLA body or person of any enactment or rule of law or of any code of practice made or approved by or under any enactment, or

(b)any such maladministration or [F97 failure ] as is mentioned in Part III of the M46Local 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 [F98or 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 [F99(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 [F100(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 [F101or 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 M47Local 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 [F102, 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)

F92S. 73(1)-(1C) substituted for s. 73(1) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(2), 59(7) (with s. 9(6)-(8)); S.I. 2008/113, art. 2(a)

F94Words in s. 73(3) substituted (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(4), 59(7) (with s. 9(6)-(8)); S.I. 2008/113, art. 2(a)

F96Words in s. 73(5)(a) substituted (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(4), 59(7) (with s. 7(5)-(7)); S.I. 2008/113, art. 2(a)

F98S. 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)

F99S. 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)

F100S. 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)

F101Words in s. 73(7)(a) inserted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 5(1)(3)

F102Words 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)

C19Ss. 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)

C20Ss. 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 M48Local 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)

C21Ss. 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)

C22Ss. 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 M49Local 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)

C23Ss. 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)

C24Ss. 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 M50Local 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 M51Local 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 M52Local 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 M53Local 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 M54Local 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 M55Local 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 M56Local 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 M57Local 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 M58Local 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 M59Local 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 M60Local 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)[F103the Authority, and]

[F103the Assembly,

(aa)the Mayor, and]

(b)each of the functional bodies,

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

[F104(3A)In subsection (3) above—

(a)the reference to the Assembly is a reference to the Authority as respects the Assembly's functions (see subsection (14)),

(b)the reference to the Mayor is a reference to the Authority except as respects the Assembly's functions,

and other references in this Chapter to the Mayor or the Assembly, in their capacity as constituent bodies for the purposes of the budgetary provisions, or to their functions (in that capacity), are to be construed accordingly.]

(4)The aggregate required by virtue of this subsection in the case of a constituent body is the aggregate of—

(a)the expenditure the Authority estimates [F105the body will incur] [F105 will be incurred by the body ] in the year in performing its functions and [F106will charge] [F106 will be charged ] 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 [F107 (but, in the case of the Mayor or the Assembly, see also subsections (10) to (13)) ] ;

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

(c)the financial reserves which the Authority estimates it will be [F108appropriate for the body to raise] [F108 appropriate to be raised by or in respect of the body ] in the year for meeting the body’s estimated future expenditure; and

(d)such of [F109the body’s financial reserves] [F109 the financial reserves of, or in respect of, the body ] as are sufficient to meet so much of the amount estimated by the Authority to be a [F110revenue account deficit of the body] [F110 revenue account deficit of or in respect of the body ] for any earlier financial year as has not already been provided for.

(5)The aggregate required by virtue of this subsection in the case of a constituent body is the aggregate of—

(a)the sums which the Authority estimates will be payable to [F111 or for ] 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 M61Local Government Finance Act 1988; and

(b)the amount of the body’s financial reserves which the Authority estimates [F112that the body will use] [F112 will be used by or in respect of the body ] in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (4) above.

(6)If, in the case of any constituent body, the aggregate calculated under subsection (4) above exceeds that calculated under subsection (5) above—

(a)the Authority must calculate the amount equal to the difference; and

(b)the amount so calculated shall be the body’s component 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.

[F113(9)In this section, any reference to expenditure incurred by a body in any financial year includes the following (whether or not giving rise to actual payments)—

(a)any amount which does not form part of the body’s capital receipts for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance) and which is [F114set aside for the year by the body] [F114 set aside by or in respect of the body ] as provision to meet credit liabilities; and

(b)any other amount which is set aside for the year [F115by the body] [F115 by or in respect of the body ] as reasonably necessary for the purpose of providing for any liability or loss which is likely or certain to be incurred but is uncertain as to the amount or the date on which it will arise (or both).]

[F116(10)Subsections (11) to (13) below have effect for the purposes of the budgetary provisions in their application in relation to the Mayor and the Assembly in their capacity as constituent bodies.

(11)The expenditure that is to be regarded for the purposes of subsection (4)(a) above as incurred by the Assembly in the performance of its functions includes any expenditure by the Authority in the performance of its functions which is incurred in respect of any of the following—

(a)the Assembly members,

(b)the Assembly secretariat (see subsection (14)),

(c)goods or services procured solely for the purposes of the Assembly,

(d)the London Transport Users' Committee (see section 247 and Schedule 18),

but does not include any expenditure falling within subsection (12) below.

(12)That expenditure is expenditure by the Authority in respect of any of the following—

(a)accommodation provided or procured in whole or in part for the conduct of the business of the Assembly or Assembly members,

(b)goods or services provided or procured for the Authority in general.

(13)The expenditure that is to be regarded for the purposes of subsection (4)(a) above as incurred by the Mayor in the performance of his functions is any expenditure—

(a)which is incurred by the Authority in the performance of its functions, and

(b)which does not fall to be regarded for the purposes of subsection (4)(a) above as incurred by the Assembly in the performance of its functions.

(14)In this section—

  • the Assembly secretariat” means employees of the Authority who normally work as support staff for the Assembly or Assembly members;

  • the Assembly's functions” means—

    (a)

    such of the functions of the Authority as are exercisable only by the Assembly acting on behalf of the Authority, and

    (b)

    the Assembly's function of acting jointly with the Mayor in the case of those functions of the Authority which are exercisable only by the Mayor and the Assembly acting jointly on behalf of the Authority;

  • the budgetary provisions” means sections 85 to 87 of, and Schedule 6 to, this Act.

(15)All such apportionments as may be necessary for the purpose of calculating the aggregates required by subsections (4) and (5) above in the case of the Mayor and the Assembly are to be made on a just and reasonable basis.]

Annotations:

Amendments (Textual)

F103S. 85(3)(a)(aa) substituted (E.W.) for s. 85(3)(a) (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(2), 59(4); S.I. 2007/3107, art. 3

F104S. 85(3A) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(3), 59(4); S.I. 2007/3107, art. 3

F105Words in s. 85(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(4)(a), 59(4); S.I. 2007/3107, art. 3

F106Words in s. 85(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(4)(b), 59(4); S.I. 2007/3107, art. 3

F107Words in s. 85(4)(a) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(4)(c), 59(4); S.I. 2007/3107, art. 3

F108Words in s. 85(4)(c) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(5), 59(4); S.I. 2007/3107, art. 3

F109Words in s. 85(4)(d) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(6)(a), 59(4); S.I. 2007/3107, art. 3

F110Words in s. 85(4)(d) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(6)(b), 59(4); S.I. 2007/3107, art. 3

F111Words in s. 85(5)(a) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(7), 59(4); S.I. 2007/3107, art. 3

F112Words in s. 85(5)(b) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(8), 59(4); S.I. 2007/3107, art. 3

F114Words in s. 85(9)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(9)(a), 59(4); S.I. 2007/3107, art. 3

F115Words in s. 85(9)(b) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(9)(b), 59(4); S.I. 2007/3107, art. 3

F116S. 85(10)-(15) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(10), 59(4); S.I. 2007/3107, art. 3

Modifications etc. (not altering text)

C25S. 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

C26S. 85 modified (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 (S.I. 2006/247), regs. 1(1), 6

C27S. 85 modified (with application in accordance with reg. 1(2)(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007 (S.I. 2007/227), regs. 1(1)(b), 7

C28S. 85 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008 (S.I. 2008/227), regs. 1(1)(b), 7

C29S. 85 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 (S.I. 2009/206), regs. 1(1)(b), 7

C30S. 85(5)(a)(i) modified (E.) (1.2.2002) by S.I. 2002/155, reg. 6

C31S. 85(5)(a)(i) modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 6

C32S. 85(5)(a)(i) modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243), regs. 1(1), 6

C33S. 85(5)(a)(i) modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), regs. 1(1), 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 [F117the Authority] [F117 the Mayor or the Assembly ] as a constituent body if the amount (or an amount which represents it) falls to be brought into account under the same subsection in its application in relation to [F118 the other of them or ] 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 M62Local Government Finance Act 1988) shall not anticipate a levy not issued.

[F119(2A)For the purposes of subsection (2) above, any levy issued to the Authority shall be treated as a levy issued to the Mayor.]

F120(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 [F121the body will incur] [F121 will be incurred by ] in the financial year following the year in question, [F122will charge] [F122 will be charged ] to a revenue account for the year and [F123will have to defray] [F123 will have to be defrayed ] in the year before the following sums are sufficiently available, namely, sums—

(i)which will be [F124payable to it] [F124 payable to or for it ] for the year; and

(ii)in respect of which amounts will be credited to a revenue account for the year; and

(b)that which the Authority estimates [F125the body will incur] [F125 will be incurred by ] in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year.

(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)

F117Words in s. 86(1) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(12)(a), 59(4); S.I. 2007/3107, art. 3

F118Words in s. 86(1) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(12)(b), 59(4); S.I. 2007/3107, art. 3

F119S. 86(2A) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(13), 59(4); S.I. 2007/3107, art. 3

F121Words in s. 86(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(a), 59(4); S.I. 2007/3107, art. 3

F122Words in s. 86(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(b), 59(4); S.I. 2007/3107, art. 3

F123Words in s. 86(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(c), 59(4); S.I. 2007/3107, art. 3

F124Words in s. 86(4)(a)(i) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(d), 59(4); S.I. 2007/3107, art. 3

F125Words in s. 86(4)(b) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(d), 59(4); S.I. 2007/3107, art. 3

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 M63Local 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 M64Local 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 M65Local 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 M66Local 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)

C34S. 88 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 7

C35S. 88 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 7

C36S. 88 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243), regs. 1(1), 7

C37S. 88 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), regs. 1(1), 7

C38S. 88 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 (S.I. 2006/247), regs. 1(1), 7

C39S. 88 modified (E.W.) (with application in accordance with reg. 1(2)(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007 (S.I. 2007/227), regs. 1(1)(b), 8

C40S. 88 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008 (S.I. 2008/227), regs. 1(1)(b), 8

C41S. 88 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 (S.I. 2009/206), regs. 1(1)(b), 8

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 M67Local 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 [F126section 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 M68Police 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 M69Local 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 M70Local 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)

F126Words 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)

C42S. 89 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 8

C43S. 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

C44S. 89 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 8

C45S. 89 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243), regs. 1(1), 8

C46S. 89 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), regs. 1(1), 8

C47S. 89 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 (S.I. 2006/247), regs. 1(1), 8

C48S. 89 modified (with application in accordance with reg. 1(2)(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007 (S.I. 2007/227), regs. 1(1)(b), 9

C49S. 89 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008 (S.I. 2008/227), regs. 1(1)(b), 9

C50S. 89 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 (S.I. 2009/206), regs. 1(1)(b), 9

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 M71Local 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 M72Local 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 M73Local 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 M74Local 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 M75Local 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 M76Local 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 M77Local 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 M78Local 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 M79Local 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 M80Local 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)

C51S. 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 M81Local 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 M82Local 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—

  • [F127budgetary provisions” has the meaning given in section 85(14) above;]

  • 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 M83Local Government Finance Act 1988;

  • police grant has the meaning given by section 32(12) of the M84Local Government Finance Act 1992;

  • relevant special grant has the meaning given by section 32(12) of the M85Local Government Finance Act 1992.

Annotations:

Amendments (Textual)

F127Words in s. 99 inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(15), 59(4); S.I. 2007/3107, art. 3

Modifications etc. (not altering text)

C52S. 99 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 9

C53S. 99 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 9

C54S. 99 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243), regs. 1(1), 9

C55S. 99 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), regs. 1(1), 9

C56S. 99 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 (S.I. 2006/247), regs. 1(1), 9

C57S. 99 modified (E.W.) (with application in accordance with reg. 1(2)(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007 (S.I. 2007/227), regs. 1(1)(b), 10

C58S. 99 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008 (S.I. 2008/227), regs. 1(1)(b), 10

C59S. 99 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 (S.I. 2009/206), regs. 1(1)(b), 10

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 M86Local 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 M87Local Government Finance Act 1992.

Annotations:

Modifications etc. (not altering text)

C60S. 102 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 10

C61S. 102 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195), regs. 1(1), 10

C62S. 102 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243), regs. 1(1), 10

C63S. 102 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), regs. 1(1), 10

C64S. 102 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 (S.I. 2006/247), regs. 1(1), 10

C65S. 102 modified (E.W.) (with application in accordance with reg. 1(2)(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007 (S.I. 2007/227), regs. 1(1)(b), 11

C66S. 102 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008 (S.I. 2008/227), regs. 1(1)(b), 11

C67S. 102 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 (S.I. 2009/206), regs. 1(1)(b), 11

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 M88Local 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;;

[F128(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)

F128S. 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 M89Local 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 M90Local 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 M91Local 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 M92Local 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 M93Local Government Finance Act 1992 (functions to be discharged only by the authority) shall be amended as follows.

[F129(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:

Amendments (Textual)

Marginal Citations

109 Information.E+W+S

(1)In section 168 of the M94Local 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 M95Local 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 M96Local 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

F130111 Part IV of 1989 Act to apply to Authority and functional bodies.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Credit approvalsE+W+S

F131112 Provisions to be in place of sections 53 to 55 of 1989 Act.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F131Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)

F131113 Aggregate credit approval for Authority and functional bodies.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F131Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)

F131114 Additional credit approval.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F131Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)

F131115 Notification of category C or D allocations.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F131Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)

F131116 Amortisation.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F131Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)

F131117 Criteria for issuing credit approvals.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F131Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)

F131118 Part IV of 1989 Act and credit approvals under this Chapter.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F131Ss. 112-118 repealed (1.1.2004 for the repeal of ss. 113, 115(2), 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 71, Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(d)(e)(ii) (with art. 8, Sch.); S.I. 2003/2938, art. 6(d)(ii)(e)(ii) (with art. 8, Sch.)

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 F132... 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 [F133 capital expenditure ] of another functional body or of the Authority (the assisted body).

(3)The provision that may be made by regulations under subsection (1) above includes provision—

(a)with respect to the percentage or maximum percentage that may be specified in a direction;

(b)with respect to the portion of F134... 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 [F135 capital expenditure ] of the assisted body generally or to require it to be applied towards meeting only such expenditure of a particular description;

[F136(f)for and in connection with treating the whole or a prescribed part of the relevant amount as added to the capital receipts of the assisted body, for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);]

(g)for and in connection with requiring an assisted body to apply the relevant amount only for the purposes for which it was paid to the body.

(4)In this section prescribed means prescribed by regulations.

Annotations:

Amendments (Textual)

Commencement Information

I24S.119 wholly in force at 3.7.2000: s.119 in force at Royal Assent (11.11.1999)for certain purposes, see s.425(2); s. 119 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

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

(1)The Authority may pay grants towards meeting [F137capital expenditure] incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body.

(2)A functional body may, with the consent of the Mayor, pay a grant towards meeting [F137capital expenditure] incurred or to be incurred by another functional body, or by the Authority, for the purposes of, or in connection with, the discharge of the functions of the body to which the grant is made.

(3)A grant under this section must not be made subject to any limitation in respect of the [F137capital expenditure] which it may be applied towards meeting.

(4)A grant under this section must be applied by the recipient body solely towards meeting [F137capital expenditure] incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions.

Annotations:

Amendments (Textual)

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

(1)The Authority may pay grants towards meeting expenditure, other than [F138capital expenditure], incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body.

(2)A functional body may, with the consent of the Mayor, pay a grant towards meeting expenditure, other than [F138capital expenditure], incurred or to be incurred by another functional body, or by the Authority, for the purposes of, or in connection with, the discharge of the functions of the body to which the grant is made.

(3)A grant under this section must not be made subject to any limitation in respect of the expenditure which it may be applied towards meeting (other than that the expenditure must not be [F138capital expenditure]).

(4)A grant under this section must be applied by the recipient body solely towards meeting expenditure incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions, other than [F138capital expenditure].

Annotations:

Amendments (Textual)

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 F139... the body’s capital receipts; and

(c)the amount by which the [F140body’s capital receipts are] likely to be increased by capital receipts which it appears to the Mayor the functional body might reasonably be expected to receive, or is likely to receive, during the year.

(4)Section B of a capital spending plan shall consist of a statement for each functional body of the following amounts—

(a)if the Mayor has decided a minimum amount of grant which the Authority is to pay to the body for the year under section 120(1) above, that minimum amount;

[F141(b)the total of the amounts which the Mayor expects the body—

(i)to borrow in the year, or

(ii)to be treated as borrowing in the year because of section 8(2) of the Local Government Act 2003 (under which entry into, or variation of, a credit arrangement is treated as a form of borrowing).]

(5)Section C of a capital spending plan shall consist of a statement for each functional body of the total of the following amounts—

(a)the total amount of [F142capital expenditure] which the Mayor expects the body to incur during the year; and

[F143(b)the total of the amounts which the Mayor expects the body to be treated as borrowing in the year because of section 8(2) of the Local Government Act 2003;]

and in this section the total of those amounts is referred to as the body’s total capital spending for the year.

(6)Section D of a capital spending plan shall consist of an analysis of each functional body’s total capital spending for the year showing—

(a)the amount which the Mayor expects the body to meet out of capital grants;

(b)the amount which he expects the body to meet out of F144... its capital receipts;

[F145(c)the amount which he expects the body to meet by borrowing or entering into or varying credit arrangements;]

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

Annotations:

Amendments (Textual)

F139Words in s. 122(3)(b) repealed (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(e) (with art. 8, Sch.)

F141S. 122(4)(b) substituted for s. 122(4)(b)-(d) (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 75(3); S.I. 2003/2938, art. 4(d)(i) (with art. 8, Sch.)

F144Words in s. 122(6)(b) repealed (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(e) (with art. 8, Sch.)

Commencement Information

I25S. 122 partly in force; s. 122 not in force at Royal Assent, see s. 425(2); s. 122 in force for specified purposes (3.7.2000) by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

123 Preparation.E+W+S

[F146(1)For each financial year, the Mayor shall prepare a draft of the capital spending plan for the year.]

(2)Before 15th January in the financial year preceding that to which the capital spending plan relates, the Mayor shall—

(a)send a copy of the draft to the Assembly and to each functional body; and

(b)invite them to submit their comments on the draft to him in writing within 21 days.

(3)Before finally determining the contents of the capital spending plan, the Mayor shall consider any comments submitted in accordance with the invitation under subsection (2)(b) above and make such revisions of the draft as he thinks fit, having regard to those comments.

(4)Before 28th February in the financial year preceding that to which the capital spending plan relates, the Mayor shall—

(a)send the plan to the Secretary of State; and

(b)send a copy of the plan to the Assembly and to each functional body.

(5)A copy of the capital spending plan shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(6)A copy of the capital spending plan, or any part of it, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(7)In this section the appropriate period in the case of a capital spending plan is the period of six years beginning with the date of publication of that plan pursuant to this section.

Annotations:

Amendments (Textual)

Commencement Information

I26S. 123 partly in force; s. 123 not in force at Royal Assent, see s. 425(2); s. 123 in force for specified purposes (3.7.2000) by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

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

[F147(b)the amounts to be transferred to the body under section 32(5) of the Local Government Act 2003 (Mayor’s power to transfer expenditure grant);]

(3)Without prejudice to the generality of subsection (1) above, the Mayor may in particular take account of—

(a)the capital spending plans for such financial years which have ended as he may determine; and

(b)the amounts of each functional body’s total capital spending specified in section C of each of those plans which have been met as described in each of the paragraphs of subsection (4) below.

(4)Those amounts are—

(a)the amount met out of capital grants made to the body;

[F148(b)the amount met out of F149... the body’s capital receipts;

[F150(c)the amount met by borrowing or entering into or varying credit arrangements;]

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

Annotations:

Amendments (Textual)

F149Words in s. 124(4)(b) repealed (1.1.2004) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 4(e) (with art. 8, Sch.)

Commencement Information

I27S. 124 partly in force; s. 124 not in force at Royal Assent, see s. 425(2); s. 124 in force for specified purposes (3.7.2000) by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

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 EnglandF151....

(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

[F152(1)In this Chapter—

  • capital expenditure” and “capital receipt” have the same meaning as in Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);

  • capital spending plan” means a capital spending plan under section 122 above.]

(2)References in this Chapter to credit arrangements, or to entering into credit arrangements, shall be construed in accordance with [F153Chapter 1 of Part 1 of the Local Government Act 2003 (see section 7] of that Act).

Annotations:

Amendments (Textual)

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.

[F154(5)Section 127A below makes further provision with respect to the Authority's chief finance officer for the purposes of subsection (2)(b) above.]

(6)The function of appointing the Authority’s chief finance officer under subsection (2)(b) above shall be a function of the Authority which is exercisable on behalf of the Authority by the Assembly after consultation with the Mayor.

(7)If the Mayor is a member of Transport for London, he must not be its chief finance officer.

(8)In section 2 of the M97Local 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 M98Local Government Finance Act 1988 there shall be inserted “ , section 127(2) of the Greater London Authority Act 1999 ”.

Annotations:

Amendments (Textual)

F154S. 127(5) substituted for s. 127(5)(6) (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 10(1), 59(7) (with s. 10(3)-(5)); S.I. 2008/113, art. 2(a)

Modifications etc. (not altering text)

C68S. 127(2) applied (10.5.2000) by S.I. 2000/1095, art. 6(5)(c)

Commencement Information

I28S. 127 wholly in force at 3.7.2000; s. 127 not in force at Royal Assent see s. 425(2); s. 127 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 127 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

[F155127AChief finance officer of the AuthorityE+W

(1)The Mayor and the Assembly, acting jointly, shall appoint a person to be the chief finance officer of the Authority.

(2)Any appointment under subsection (1) above is an appointment as an employee of the Authority and—

(a)section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority;

(b)section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority.

(3)The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit.

(4)A person must not at the same time be both—

(a)the Authority's chief finance officer appointed under subsection (1) above, and

(b)a member of staff appointed under section 67(1) above.]

Annotations:

Amendments (Textual)

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

(1)Section 111 of the M99Local 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

I29S. 128 wholly in force at 3.7.2000; s. 128 not in force at Royal Assent see s. 425(2); s. 128 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 128 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

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

In section 113(1) of the M100Local 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

I30S. 129 wholly in force at 3.7.2000; s. 129 not in force at Royal Assent see s. 425(2); s. 129 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 129 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

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

(1)Section 114 of the M101Local 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 M102Regional 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

I31S. 130 wholly in force at 3.7.2000; s. 130 not in force at Royal Assent see s. 425(2); s. 130 in force for specified purposes at 8.5.2000 by S.I. 1999/3434, art. 3; s. 130 in force at 3.7.2000 insofar as not already in force by S.I. 1999/3434, art. 4

Marginal Citations

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

(1)Section 115 of the M103Local 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 M104Local 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 M105Regional 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 M106Local 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 t