Explanatory Notes

Greater London Authority Act 1999

1999 CHAPTER 29

11th November 1999

Commentary on Sections

Part Iii: Financial Provisions

Chapter Iii: Emergency Financial Assistance, Funds and Miscellaneous Matters
Section 104: Emergency Financial Assistance

186.Section 104 amends section 155 of the Local Government and Housing Act 1989, under which central government grants may be paid to local authorities in whose area there occurs an emergency or disaster involving destruction of, or danger to, life or property. The GLA is added to the list of authorities eligible to apply for these grants. The GLA will be able to apply for assistance, either on its own behalf or on behalf of the LFEPA, the MPA or TfL, following an emergency or disaster in the GLA area.

Section 105: Component budgets: anticipation of certain levies

187.Section 105 amends the Local Government Finance Act 1988 so that regulations can be made to allow the GLA to anticipate a levy for itself a functional body except the Metropolitan Police Authority for which separate provision is made. This puts the GLA in line with other major precepting authorities.

Section 106: The Authority's general fund

188.Section 106 requires the GLA to establish a General Fund. This is the main revenue fund of a local authority, from which day to day spending on services is met.

Section 107: Judicial review

189.Section 107 provides that the only means of questioning the GLA's calculations of component and consolidated budget requirements and precepts will be through judicial review.

Section 108: Functions to be discharged only by certain authorities

190.Section 108 provides that the calculation of budget requirements and the setting and issuing of precepts is to be carried out on behalf of the Authority by the Mayor, Assembly, or Mayor and Assembly acting jointly in accordance with the Act. These functions cannot be delegated to a committee or representative. The only exception is that the Mayor may consult a committee or other representatives of the Assembly on the draft consolidated budget if a majority of Assembly members have voted for this to happen.

Section 109: Information

191.Section 109 places an obligation on the GLA and the functional bodies to provide, when requested, the financial information that other local authorities already provide to the Department of the Environment, Transport and the Regions (DETR).

192.Section 168 of the Local Government Act 1972 allows the Secretary of State, among others things, to collect, at the end of a financial year, information about the Authority's income and expenditure during that financial year. Section 139A of the Local Government Finance Act 1988 gives the Secretary of State the power to collect non-personal information from local authorities for the purpose of exercising his grant making powers under the Act.

Section 110: Provision of information by functional bodies to Mayor or Assembly

193.Section 110 requires the functional bodies to provide the Mayor and Assembly with information relating to their financial affairs, or those of any company in which they have an interest. The Mayor and Assembly will be able to request any such information which the body has or could reasonably obtain.