Greater London Authority Act 1999

The Mayor’s strategies E+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,

[F1 (b) the Economic development strategy for London prepared and published under section 333F below,]

[F2 (bb) the health inequalities strategy prepared and published under section 309E below,]

[F3 (bc) the London housing strategy prepared and published under section 333A below,]

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

[F4 (ca) the London Environment Strategy,]

F5 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (ee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (ef) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F6 each of the following] —

(i) the health of persons in Greater London;

[F7 (ia) health inequalities between persons living in Greater London;]

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

[F8 (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[F9 , with the EU obligations of the United Kingdom and with such other international obligations of the United Kingdom] 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,

[F10 (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][F11 , 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)[F12 , (aa)][F13 , (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.

[F14 (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[F15 , 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.

[F16 (9A) In exercising any function the Mayor must have regard to any strategy mentioned in subsection (1) which is relevant to the exercise of that function.]

F17 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19 (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.]

Textual Amendments

F1 S. 41(1)(b) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 192(3), 240(2); S.I. 2012/1008, art. 3(b) (with arts. 7, 9-11)

F2 S. 41(1)(bb) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(2), 59(7); S.I. 2008/113, art. 2(d)

F3 S. 41(1)(bc) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(2), 59(5)

F4 S. 41(1)(ca) inserted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 2(2)(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)

F5 S. 41(1)(d)-(g) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 2(2)(b), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)

F6 Words 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)

F7 S. 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)

F8 S. 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)

F9 Words in s. 41(5)(a) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 227(2), 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)

F10 S. 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)

F11 S. 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)

F12 Word 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)

F13 Words 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)

F14 S. 41(8A) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(5), 59(7); S.I. 2008/113, art. 2(d)

F15 Words in s. 41(9) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(3), 59(5)

F16 S. 41(9A) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 227(3), 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)

F17 S. 41(10) repealed (3.5.2012) by Localism Act 2011 (c. 20), ss. 227(4), 240(2), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(c)(f) (with arts. 7, 9-11)

F18 S. 41(11) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 2(3), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)

F19 S. 41(12) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(4), 59(7); S.I. 2008/113, art. 2(i)

Modifications etc. (not altering text)

C1 S. 41(4)(b)(c) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

C2 S. 41(5) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1) (with s. 6(12)(13)); S.I. 2011/3019, art. 3, Sch. 1

C3 S. 41(6)(a)(b) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

C4 S. 41(7)-(8A) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

C5 S. 41(10)-(12) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

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.

F20 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F20 S. 42(5) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(f) (with arts. 7, 9-11)

Modifications etc. (not altering text)

C6 S. 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

C7 S. 42(1) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(c), 157(1); S.I. 2011/3019, art. 3, Sch. 1

C8 S. 42(6) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(c), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F21 42A Consultation: supplementary provision E+W

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

Textual Amendments

F21 S. 42A repealed (3.5.2012) by Localism Act 2011 (c. 20), ss. 228(1), 240(2), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(c)(f) (with arts. 7, 9-11)

[F22 42B Assembly's power to reject draft strategies E+W+S

(1) This section applies where the Mayor has prepared, and is ready to publish, a draft of any of the strategies to which section 41 applies (including a revised version of the strategy).

(2) But this section does not apply to a revised version of a strategy containing only revisions which—

(a) are specified in a direction as to the contents of the strategy which is given to the Mayor under this Act (or which the Mayor considers are necessary in consequence of any revisions so specified); or

(b) are not so specified but the Mayor considers to be necessary to comply with such a direction.

(3) Before publishing the strategy (or, in the case of the housing strategy, before submitting the draft to the Secretary of State) the Mayor must lay a copy of the draft before the Assembly in accordance with the standing orders of the Authority.

(4) The Mayor must not publish the strategy (or, in the case of the housing strategy, submit the draft to the Secretary of State) if, within the period of 21 days beginning with the day on which the copy is laid before the Assembly, the Assembly resolves to reject the draft.

(5) A motion for the Assembly to reject a draft strategy—

(a) must be considered at a meeting of the Assembly throughout which members of the public are entitled to be present; and

(b) is not carried unless it is agreed to by at least two thirds of the Assembly members voting.]

Textual Amendments

F22 S. 42B inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 229, 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)

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.

[F23 (4A) But if a copy of the current version of the spatial development strategy is available for inspection free of charge by appropriate electronic means, subsections (3) and (4) do not apply in relation to the current version of that strategy.

(4B) For the purposes of subsection (4A), a copy of the current version of the spatial development strategy is available for inspection “by appropriate electronic means” if arrangements have been made such that it is available for inspection by electronic means in a reasonably convenient way.

(4C) Before making any arrangements for the purposes of subsection (4B), the Mayor must have regard to any guidance issued by the Secretary of State as to—

(a) how a copy of the current version of the spatial development strategy should be made available by electronic means;

(b) the arrangements (if any) that may be appropriate to mitigate the effects on a person of not being able to inspect a copy of the strategy, or finding it difficult to do so, by electronic means.]

(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.

Textual Amendments

F23 S. 43(4A)-(4C) inserted (temp.) (E.W.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 21(1), 25(4) (with s. 21(2))

Modifications etc. (not altering text)

C9 S. 43 applied (with modifications) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(e), 157(1) (with s. 6(14)); S.I. 2011/3019, art. 3, Sch. 1

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.

Modifications etc. (not altering text)

C10 S. 44 applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(f), 157(1); S.I. 2011/3019, art. 3, Sch. 1