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Greater London Authority Act 1999

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SCHEDULES

Section 2.

SCHEDULE 1E+W+S Assembly constituencies and orders under section 2(4)

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Modifications etc. (not altering text)

C1Sch. 1: Power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwise 30.10.2001) by 2000 c. 41, s. 18, 163(2) (with s. 156(6)); S.I. 2001/3526, art. 2(c)

Sch. 1: functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(2)(d)

Part IE+W+S Assembly constituencies

Changes to Assembly constituenciesE+W+S

1(1)This paragraph applies where, as a result of—E+W+S

(a)a [F1request] under section 13(1) of the M1Local Government Act 1992 (“the 1992 Act”), or

(b)a further review under section 15(6) of that Act,

the [F2Electoral Commission recommend] to the Secretary of State, at a time when an order under section 2(4) of this Act has effect, that he should make one or more boundary changes falling within sub-paragraph (2) below.

(2)The boundary changes mentioned in sub-paragraph (1) above are boundary changes—

(a)falling within section 14(3)(a) of the 1992 Act (alteration of a local government area) and affecting any London borough;

(b)falling within section 14(3)(d) of that Act (constitution of a new London borough); or

(c)falling within section 14(3)(e) of that Act (abolition of a London borough).

[F3(3)Where this paragraph applies, the Electoral Commission shall direct the Boundary Committee for England (“the Committee”) to conduct a review in accordance with Part II of the 1992 Act and to submit to the Electoral Commission the reports required under sub-paragraph (4) or (5) below;]

(4)If the [F4Committee][F5are] of the opinion that, in consequence of the boundary changes mentioned in sub-paragraph (1) above, changes are required to Assembly constituencies in order to comply with the rules set out in paragraph 7 below, the report required is one which recommends to the [F6Electoral Commission] the changes which in the opinion of the [F4Committee] should be made to Assembly constituencies to comply with those rules.

(5)If the [F7Committee are] not of the opinion mentioned in sub-paragraph (4) above, the report required is one which states that fact.

[F8(5A)The Electoral Commission may direct the Committee to reconsider the recommendation made under sub-paragraph (4)]

F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1Word in Sch. 1 para. 1(1)(a) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(2)(a)(i)

F2Words in Sch. 1 para. 1(1) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(2)(a)(ii)

F3Sch. 1 para. 1(3) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(2)(b)

F4Words in Sch. 1 para. 1(4) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(2)(c)(i)

F5Word in Sch. 1 para. 1(4) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(2)(c)(ii)

F6Words in Sch. 1 para. 1(4) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(2)(c)(iii)

F7Words in Sch. 1 para. 1(5) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(2)(d)

F8Sch. 1 para. 1(5A) inserted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(2)(e)

F9Sch. 1 para. 1(6)(7) omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 9, Sch. 2 para. 14(2)(f)

Marginal Citations

Comprehensive review of Assembly constituenciesE+W+S

2(1)If the [F10Electoral Commission] at any time so [F11direct], the [F12Committee] shall carry out a comprehensive review of Assembly constituencies and submit to the [F10Electoral Commission] a report—E+W+S

(a)showing the areas into which [F13they recommend] Greater London should be divided to form the Assembly constituencies; and

(b)stating the name by which [F13they recommend] that each Assembly constituency should be known.

(2)No recommendations shall be made by the [F14Committee]in a report under sub-paragraph (1) above unless the recommendations comply with the rules set out in paragraph 7 below.

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Amendments (Textual)

F10Words in Sch. 1 para. 2(1) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(3)(a)(i)

F11Word in Sch. 1 para. 2(1) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(3)(a)(ii)

F12Word in Sch. 1 para. 2(1) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(3)(a)(iii)

F13Words in Sch. 1 para. 2(1)(a)(b) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(3)(a)(iv)

F14Word in Sch. 1 para. 2(2) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(3)(b)

Preparation and submission of reportE+W+S

3(1)A direction to submit a report under paragraph 2(1) above shall specify the timetable in accordance with which the report is to be prepared, submitted and available for inspection under this Schedule (“the timetable”).E+W+S

(2)As soon as reasonably practicable after being directed to submit a report under paragraph 2(1) above, [F15the Committee shall take such steps as they consider] sufficient to secure that persons who may be interested in the subject-matter of the report are informed of—

(a)the direction requiring the report to be submitted, including, in particular, the period specified in the timetable within which representations with respect to the subject-matter of the report may be made to the [F16Committee]; and

(b)any direction under paragraph 5 below.

(3)Before submitting [F17their report, the Committee] shall—

(a)take into consideration any representations [F18made to them] within the period mentioned in sub-paragraph (2)(a) above;

(b)prepare a draft report and take such steps as [F19they consider] sufficient to secure that persons who may be interested in the report are informed of it and of the period specified in the timetable within which representations with respect to it may be made;

(c)deposit copies of the draft report at the principal office of—

(i)the Authority;

(ii)each London borough council; and

(iii)the Common Council; and

(d)take into consideration representations made to the [F20Committee] within the period mentioned in paragraph (b) above.

(4)As soon as the [F21Committee are] in a position to submit [F22their report]to the [F23Electoral Commission] (and in any event not later than the date specified in the timetable for submission of the report), [F24they shall]

(a)submit the report to [F25them];

(b)take such steps as [F26they consider] sufficient to secure that persons who may be interested in the report are informed of it and of the period specified in the timetable within which it may be inspected; and

(c)deposit copies of the report at the principal office of—

(i)each London borough council; and

(ii)the Common Council.

(5)Copies of the draft report deposited under sub-paragraph (3)(c) above, and of the report deposited under sub-paragraph (4)(c) above, shall be kept available for inspection at the offices concerned in accordance with the timetable.

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Amendments (Textual)

F15Words in Sch. 1 para. 3(2) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(a)(i)

F16Word in Sch. 1 para. 3(2)(a) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(a)(ii)

F17Words in Sch. 1 para. 3(3) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(b)(i)

F18Words in Sch. 1 para. 3(3)(a) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(b)(ii)

F19Words in Sch. 1 para. 3(3)(b) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(b)(iii)

F20Word in Sch. 1 para. 3(3)(d) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(b)(iv)

F21Words in Sch. 1 para. 3(4) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(c)(i)

F22Words in Sch. 1 para. 3(4) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(c)(ii)

F23Words in Sch. 1 para. 3(4) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(c)(iii)

F24Words in Sch. 1 para. 3(4) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(c)(iv)

F25Word in Sch. 1 para. 3(4)(a) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(c)(v)

F26Words in Sch. 1 para. 3(4)(b) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(4)(c)(vi)

Further reportE+W+S

4(1)Where a report is submitted to the [F27Electoral Commission] in accordance with a direction under paragraph 2(1) above, [F28they may, if they think fit], direct the [F29Committee]E+W+S

(a)to review such of the recommendations made in the report as may be specified in the direction; and

(b)to submit a further report making revised recommendations as respects—

(i)the areas into which Greater London should be divided to form the Assembly constituencies; and

(ii)the name by which each Assembly constituency should be known.

(2)Paragraph 3 above shall apply in relation to any further report with such modifications as may be specified in the direction under sub-paragraph (1) above.

(3)No recommendations shall be made by the [F30Committee] in a further report unless the recommendations comply with the rules set out in paragraph 7 below.

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Amendments (Textual)

F27Words in Sch. 1 para. 4(1) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(5)(a)(i)

F28Words in Sch. 1 para. 4(1) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(5)(a)(ii)

F29Word in Sch. 1 para. 4(1) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(5)(a)(iii)

F30Word in Sch. 1 para. 4(3) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(5)(b)

DirectionsE+W+S

5The [F31Electoral Commission] may give directions as to the exercise by the [F32Committee] of any of [F33their functions] under this Schedule; and, in particular, the directions may—

(a)specify matters which the [F32Committee] must take into account in preparing a report; and

(b)require the [F32Committee]to have regard to any guidance given by the [F31Electoral Commission] as respects matters to be taken into account in preparing a report.

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Amendments (Textual)

F31Words in Sch. 1 para. 5 substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(6)(a)

F32Words in Sch. 1 para. 5 substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(6)(b)

F33Words in Sch. 1 para. 5 substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(6)(c)

Payments by Secretary of State to CommissionE+W+S

F346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F34Sch. 1 para. 6 omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 9, Sch. 2 para. 14(7)

The rules about Assembly constituenciesE+W+S

7(1)The rules referred to in paragraphs 1(4), 2(2) and 4(3) above are—E+W+S

  • 1. There shall be fourteen Assembly constituencies.

  • 2. Each Assembly constituency shall consist of two or more entire London boroughs.

  • 3. A part of the boundary of each London borough contained within an Assembly constituency shall adjoin a part of the boundary of at least one other London borough contained within that constituency.

  • 4. No London borough shall be included in more than one Assembly constituency.

  • 5. The electorate for an Assembly constituency shall be as near the electorate for each other Assembly constituency as is reasonably practicable.

(2)For the purposes of the rules in sub-paragraph (1) above—

(a)any reference to a London borough includes a reference to the City of London, which for this purpose shall be taken to include the Inner Temple and the Middle Temple; and

(b)a part of a boundary which would, except for the river Thames or a tributary of the river Thames, adjoin a part of another boundary is deemed to adjoin that part of that other boundary.

Part IIE+W+S Orders under section 2(4)

8[F35(1)Subject to paragraph (1A) an order under section 2(4) of this Act may give effect, with or without modifications to all or any of the recommendations made to the Electoral Commission under—E+W+S

(a)paragraph 1(4) or (5A) above;

(b)paragraph 2(1) above; or

(c)paragraph 4(1)(b) above.

(1A)No modifications may be made to any recommendations contained in a report unless they have been agreed with the Committee.]

(2)No order giving effect to recommendations made in a report under paragraph 2(1) above or a further report under paragraph 4(1)(b) above shall be made before the end of the period of six weeks beginning with the submission of the report.

(3)Before making an order falling within sub-paragraph (2) above, the [F36Electoral Commission] may by a direction require the [F37Committee] to supply [F38them]with such additional information as may be described in the direction.

(4)In sub-paragraph (1) above, “modifications” includes additions, alterations and omissions.

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Amendments (Textual)

F35Sch. 1 para. 8(1)(1A) substituted for para. 8(1) (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(8)(a)

F36Words in Sch. 1 para. 8(3) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(8)(b)(i)

F37Word in Sch. 1 para. 8(3) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(8)(b)(ii)

F38Word in Sch. 1 para. 8(3) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(8)(b)(iii)

Commencement Information

I1Sch. 1 para. 8 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; Sch. 1 para. 8 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

9(1)Where the [F39Electoral Commission are] is satisfied that—E+W+S

(a)a mistake has occurred in the preparation of an order under section 2(4) of this Act, and

(b)the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the M2Interpretation Act 1978 (implied power to amend),

[F40they may by order made by statutory instrument] under this sub-paragraph make such provision as [F41they think] necessary or expedient for rectifying the mistake.

(2)In this paragraph “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information.

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Amendments (Textual)

F39Words in Sch. 1 para. 9(1) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(9)(a)

F40Words in Sch. 1 para. 9(1) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(9)(b)

F41Word in Sch. 1 para. 9(1) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 14(9)(c)

Commencement Information

I2Sch. 1 para. 9 wholly in force at 14.12.1999: Sch. 1 para. 9 in force at Royal Assent (11.11.1999) for certain purposes see s. 425(2); Sch. 1 para. 9 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Marginal Citations

Section 4.

SCHEDULE 2E+W+S Voting at elections

Part IE+W+S Election of the Mayor

ApplicationE+W+S

1This Part of this Schedule applies where there are three or more candidates to be the Mayor.

First preference vote and second preference voteE+W+S

2In this Schedule—

  • first preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s first preference from among the candidates to be the Mayor;

  • second preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s second preference from among the candidates to be the Mayor.

Candidate with overall majority of first preference votesE+W+S

3If one of the candidates to be the Mayor receives more than half of all the first preference votes given in the Assembly constituencies that candidate shall be returned as the Mayor.

No candidate with overall majority of first preference votesE+W+S

4(1)If none of the candidates to be the Mayor receives more than half of all the first preference votes given in the Assembly constituencies, the following provisions of this paragraph shall have effect.E+W+S

(2)The two candidates who received the greatest number of first preference votes given in the Assembly constituencies remain in the contest.

(3)If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2) above, all of them remain in the contest.

(4)The other candidates are eliminated from the contest.

(5)The number of second preference votes given in the Assembly constituencies for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates shall be ascertained.

(6)That number shall be added to the number of first preference votes given for that candidate, to give his total number of preference votes.

(7)The person who is to be returned as the Mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(8)If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the Greater London returning officer shall decide by lots which of them is to be returned as the Mayor.

Part IIE+W+S Return of London members

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Modifications etc. (not altering text)

C2Sch. 2 Pt. II applied (14.12.1999) by 1983 c. 2, s. 203B (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)

Party lists and individual candidatesE+W+S

5(1)Any registered political party may submit a list of candidates to be London members.E+W+S

(2)The list is to be submitted to the Greater London returning officer.

(3)The list has effect in relation to—

(a)the ordinary election; and

(b)any vacancies among the London members which occur after that election and before the next ordinary election.

(4)The list must not include more than twenty five persons (but may include only one).

(5)The list must not include a person—

(a)who is a candidate to be a constituency member but who is not a candidate of that party;

(b)who is included on any other list submitted for the election of London members; or

(c)who is an individual candidate to be a London member.

(6)A person may not be an individual candidate to be a London member if—

(a)he is included on a list submitted by a registered political party for the election of London members; or

(b)he is a candidate of any registered political party to be the Mayor or a constituency member.

Calculation of the London figureE+W+S

6(1)For each registered political party by which a list of candidates has been submitted for the election of London members—E+W+S

(a)there shall be added together the number of London votes given for the party in the Assembly constituencies; and

(b)the number arrived at under paragraph (a) above shall then be divided by the aggregate of one and the number of candidates of the party returned as constituency members.

(2)For each individual candidate to be a London member there shall be added together the number of London votes given for that candidate in the Assembly constituencies.

(3)The number arrived at—

(a)in the case of a registered political party, under sub-paragraph (1)(b) above, or

(b)in the case of an individual candidate, under sub-paragraph (2) above,

is referred to in this Schedule as “the London figure” for that party or individual candidate.

(4)If a person who is a candidate of a registered political party in an Assembly constituency—

(a)is returned as the Assembly member for the constituency, and

(b)is also returned as the Mayor,

that person counts for the purposes of sub-paragraph (1)(b) above as a candidate of the party returned as a constituency member, notwithstanding that a vacancy arises in the Assembly constituency by virtue of subsection (10) of section 4 of this Act.

No seats for party etc not polling prescribed percentage of total voteE+W+S

7(1)If the number arrived at under—E+W+S

(a)paragraph 6(1)(a) above, in the case of a registered political party, or

(b)paragraph 6(2) above, in the case of an individual candidate,

is not more than 5 per cent of the total number of London votes polled by all the registered political parties and all the individual candidates at the election, none of the seats for London members shall be allocated to that party or individual candidate.

(2)That party or candidate shall accordingly be left out of account in applying paragraph 8 below.

Return of membersE+W+S

8(1)The first of the seats for London members shall be allocated to the party or individual candidate with the highest London figure.E+W+S

(2)The second and subsequent seats for London members shall be allocated to the party or individual candidate with the highest London figure after any recalculation required by sub-paragraph (3) below has been carried out.

(3)This sub-paragraph requires a recalculation under paragraph 6(1)(b) above in relation to a party—

(a)for the first application of sub-paragraph (2) above, if the application of sub-paragraph (1) above resulted in the allocation of a seat to the party, or

(b)for any subsequent application of sub-paragraph (2) above, if the previous application of that sub-paragraph did so;

and a recalculation shall be carried out after adding one to the aggregate mentioned in paragraph 6(1)(b) above.

(4)An individual candidate already returned as the Mayor or as an Assembly member shall be disregarded.

(5)Seats for London members which are allocated to a party shall be filled by the persons on the party’s list in the order in which they appear on the list.

(6)Once a party’s list has been exhausted (by the return of persons included on it as constituency members or by the previous application of sub-paragraph (1) or (2) above) the party shall be disregarded.

(7)If (on the application of sub-paragraph (1) above or any application of sub-paragraph (2) above) the highest London figure is the London figure of two or more parties or individual candidates, the sub-paragraph shall apply to each of them.

(8)However, where sub-paragraph (7) above would mean that more than the full number of seats for London members was allocated, sub-paragraph (1) or (2) above shall not apply until—

(a)a recalculation has been carried out under paragraph 6(1)(b) above after adding one to the number of votes given for each party with that London figure, and

(b)one has been added to the number of votes given for each individual candidate with that London figure.

(9)If, after that, the highest London figure is still the London figure of two or more parties or individual candidates, the Greater London returning officer shall decide between them by lots.

(10)For the purposes of sub-paragraph (5) above and section 11 of this Act, a person included on a list submitted by a registered political party who is returned as the Mayor or as an Assembly member shall be treated as ceasing to be on the list (even if his return is void).

Section 17.

SCHEDULE 3E+W+S+N.I. Amendments of the Representation of the People Acts

PreliminaryE+W+S+N.I.

1The Representation of the M3People Act 1983 shall be amended as follows.

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Marginal Citations

Polling districts and stationsE+W+S+N.I.

2(1)Section 31 shall be amended as follows.E+W+S+N.I.

(2)After subsection (1A) there shall be inserted—

(1B)For any Authority elections, a London borough council or the Common Council may divide their area into polling districts and may alter any polling district.

For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City.

Returning officers for Greater London and for Assembly constituenciesE+W+S+N.I.

3(1)Section 35 shall be amended as follows.E+W+S+N.I.

(2)Before subsection (3) there shall be inserted—

(2A)Subsections (2B) and (2C) below have effect in relation to the Greater London Authority.

(2B)The returning officer at an election of a constituency member of the London Assembly shall be such a person, or a person of such a description, as may be designated by the Secretary of State in an order made by statutory instrument.

(2C)The returning officer—

(a)at any election of the Mayor of London,

(b)at the election of the London members of the London Assembly at an ordinary election, and

(c)for the purposes of section 11 of the 1999 Act (return of London members of the London Assembly otherwise than at an election),

shall be the proper officer of the Greater London Authority.

(3)After subsection (5) there shall be inserted—

(6)The council for any London borough shall place the services of its officers at the disposal of any person acting as the returning officer at an Authority election for an electoral area situated wholly or partly in the borough.

Rules for local electionsE+W+S+N.I.

4(1)Section 36 shall be amended as follows.E+W+S+N.I.

(2)After subsection (2) (which requires rules under the section to apply the parliamentary elections rules with adaptations etc) there shall be inserted—

(2A)As regards the Greater London Authority—

(a)Authority elections, and

(b)the return of London members of the London Assembly otherwise than at an election,

shall be conducted in accordance with rules made under this subsection by the Secretary of State.

Rules made under this subsection need not comply with the requirements of subsection (2) above.

(2B)As regards lists of candidates submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members), the provision that may be made by rules under subsection (2A) above includes provision for or in connection with any of the following—

(a)the inclusion, withdrawal, addition or removal of persons;

(b)cases where a person included in such a list is or becomes, or seeks to become, an individual candidate to be a London member of the London Assembly.

(3)Before subsection (5) there shall be inserted—

(4B)All expenditure properly incurred by a returning officer in relation to the holding of an Authority election shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the Greater London Authority, exceed that scale, be paid by the Greater London Authority.

(4)After subsection (6) (power of council for local government area to advance sums to returning officer before poll at election) there shall be inserted—

(6A)Subsection (6) above shall apply in relation to an Authority election as it applies in relation to an election of a councillor for any local government area in England and Wales, but taking the reference to the council of the area as a reference to the Greater London Authority.

Ordinary day of local electionsE+W+S+N.I.

5(1)Section 37 shall be amended as follows.E+W+S+N.I.

(2)At the beginning there shall be inserted “ (1) ”.

(3)The subsection (1) so formed shall end with paragraph (b).

(4)At the beginning of the sentence following paragraph (b) there shall be inserted “ (3) ”.

(5)After the subsection (1) formed by sub-paragraphs (2) and (3) above there shall be inserted—

(2)As respects Authority elections, the power conferred by subsection (1)(b) above shall include power to make an order fixing a day other than the first Thursday in May as the day on which the poll is to be held at an ordinary election other than the first.

Local elections void etcE+W+S+N.I.

6(1)Section 39 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (returning officer to order election to fill vacancy where poll countermanded or abandoned or vacancies remain unfilled) for “an election of a councillor for a local government area” there shall be substituted “ a local government election, other than an election for the return of the London members of the London Assembly, ”.

(3)In subsection (2) (election to an office under the 1972 Act not held on the appointed day etc) after “office under the M4Local Government Act 1972” there shall be inserted “ or the 1999 Act ”.

(4)In subsection (6)(a) (which permits an order under the section to make modifications to certain enactments) in sub-paragraph (ii), after “the M5Local Government Act 1972” there shall be inserted “ or the 1999 Act ”.

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Marginal Citations

Timing as to local electionsE+W+S+N.I.

7(1)Section 40 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (provision where anything required to be done by certain enactments falls at a weekend etc) after “Representation of the M6People Act 1985” there shall be inserted “ or section 3 of the 1999 Act ”.

(3)In subsection (2) (day to which election is postponed treated as day of election for purposes of certain enactments) after “Local Government Act 1972” there shall be inserted “ and (in the case of an Authority election) the 1999 Act ”.

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Marginal Citations

Further provision as to local election votingE+W+S+N.I.

8(1)Section 46 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (which makes provision as to the number of votes which a person may give in a local government election) after paragraph (b) there shall be added—

but this subsection does not apply in relation to Authority elections (where the votes allowed to be given are as specified in the applicable provisions of section 4, 10 or 16 of the 1999 Act).

Validity of local expenses, legal costsE+W+S+N.I.

9(1)Section 48 shall be amended as follows.E+W+S+N.I.

(2)After subsection (3) (which refers to the council required to pay the expenses properly incurred by a returning officer) there shall be inserted—

(3A)In the application of subsection (3) above in relation to an Authority election, the Greater London Authority shall be treated as the council which is required to pay the expenses properly incurred by the returning officer.

Voting offencesE+W+S+N.I.

10(1)Section 61 shall be amended as follows.E+W+S+N.I.

(2)After subsection (2) (person voting as elector otherwise than by proxy) there shall be inserted—

(2A)In the case of Authority elections, paragraph (a) of subsection (2) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as an elector otherwise than by proxy—

(a)more than once at the same election of the Mayor of London;

(b)more than once at the same election of the London members of the London Assembly at an ordinary election;

(c)more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly;

(d)in more than one Assembly constituency at the same ordinary election; or

(e)in any Assembly constituency at an ordinary election, or an election of the Mayor of London held under section 16 of the 1999 Act, when there is in force an appointment of a person to vote as his proxy at the election in some other Assembly constituency.

(3)After subsection (3) (person voting as proxy for the same elector) there shall be inserted—

(3A)In the case of Authority elections, paragraph (a) of subsection (3) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as proxy for the same elector—

(a)more than once at the same election of the Mayor of London;

(b)more than once at the same election of the London members of the London Assembly at an ordinary election;

(c)more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly; or

(d)in more than one Assembly constituency at the same ordinary election.

Requirement of secrecyE+W+S+N.I.

11(1)Section 66 shall be amended as follows.E+W+S+N.I.

(2)After subsection (6) there shall be added—

(7)In their application in relation to an election of the London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect with the insertion, after the words “the candidate for whom”, in each place where they occur, of “, or the registered political party towards the return of whose candidates,”.

(8)In relation to an election of the London members of the London Assembly at an ordinary election, any reference in this section to the return of a registered political party’s candidates is a reference to the return of candidates included in the list of candidates submitted by the registered political party for the purposes of the election.

Election agentsE+W+S+N.I.

12(1)Section 67 shall be amended as follows.E+W+S+N.I.

(2)After subsection (1) (name and address of candidate’s election agent) there shall be inserted—

(1A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, the requirements of subsection (1) above in relation to those candidates are that not later than the time there mentioned—

(a)a person shall be named by or on behalf of the party as the election agent of all of those candidates; and

(b)the declaration required by that subsection shall be made by or on behalf of the party.

(3)After subsection (2) (which makes provision for a candidate to name himself as his own election agent) there shall be inserted—

(2A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, a candidate included in the list—

(a)must not under subsection (2) above name himself as his own election agent, but

(b)may be named by or on behalf of the party as the election agent of all the candidates included in the list,

and the provisions which have effect by virtue of subsection (2) above in relation to a candidate upon his naming himself as election agent shall also have effect in relation to a candidate upon his being named as election agent by virtue of paragraph (b) above.

(4)At the beginning of subsection (3) (one agent only for each candidate) there shall be inserted “ Subject to subsection (3A) below, ” and after that subsection there shall be inserted—

(3A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—

(a)the same person must be appointed as election agent for all the candidates included in the list; and

(b)any such appointment may only be revoked by or on behalf of the party and in respect of all the candidates.

(5)After subsection (5) (declaration of person other than the candidate as election agent) there shall be inserted—

(5A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (5) above shall apply in relation to the candidates included in that list as if the reference to a person other than the candidate were a reference to a person other than the candidate whose name appears highest on the list.

(6)In subsection (7) (meaning of “appropriate officer” in Part II)—

(a)after paragraph (a) there shall be inserted—

(aa)in relation to an Authority election, the returning officer for that election (as determined under subsection (2B) of section 35 or, as the case may be, paragraph (a) or (b) of subsection (2C) of that section);; and

(b)in paragraph (b), for “a local government election,” there shall be substituted “ any other local government election, ”.

Sub-agentsE+W+S+N.I.

13(1)Section 68 (nomination of sub-agent at parliamentary election for a county constituency) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (appointment of sub-agent for part of constituency)—

(a)after “In the case of” there shall be inserted “ (a) ”;

(b)after “county constituency” there shall be inserted , or

(b)an Authority election,; and

(c)after “part of the constituency” there shall be inserted “ or electoral area ”.

(3)In subsection (2) (powers, acts and defaults of the sub-agent), after “constituency”, in each place where it occurs, there shall be inserted “ or electoral area ”.

(4)After subsection (4) (vacation or revocation of appointment of sub-agent) there shall be inserted—

(4A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—

(a)the election agent for those candidates must, if he appoints a sub-agent for any part of the electoral area in the case of any of those candidates, appoint the same person as sub-agent for that part of the electoral area in the case of all of the candidates; and

(b)any such appointment may only be revoked in respect of all of the candidates.

(5)In subsection (5) (declaration to specify the part of the constituency for which the sub-agent is appointed) after “constituency” there shall be inserted “ or electoral area ”.

(6)The sidenote to the section accordingly becomes “Nomination of sub-agent at parliamentary or Authority elections.”

Office of election agent and sub-agentE+W+S+N.I.

14(1)Section 69 (location of office) shall be amended as follows.E+W+S+N.I.

(2)In subsection (2)(b) (local government elections) after “adjoins it” there shall be added “ , and that of a sub-agent shall be in the area within which he is appointed to act ”.

Effect of default in election agent’s appointmentE+W+S+N.I.

15After section 70 there shall be inserted—

70A Application of s.70 in relation to election of London members of the London Assembly.

(1)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—

(a)section 70 shall not apply in relation to those candidates, but

(b)the following provisions of this section shall have effect in place of that section.

(2)If no person’s name and address is given as required by virtue of section 67(1A) as the election agent of all of the candidates included in the list who remain validly nominated at the latest time for delivery of notices of withdrawals—

(a)the candidate whose name appears highest on the list shall be deemed at that time to have been named on behalf of the party as election agent for all of the candidates; and

(b)any appointment of another person as election agent for those candidates shall be deemed to have been revoked.

(3)If—

(a)the person whose name and address have been so given as those of the election agent for the candidates dies, and

(b)a new appointment is not made on the day of the death or on the following day,

the candidate whose name appears highest on the list shall be deemed to have been named on behalf of the party as election agent for all of the candidates as from the time of death.

(4)If the appointment of the election agent for the candidates is revoked without a new appointment being made, the candidate whose name appears highest on the list shall be deemed to have been appointed (or re-appointed) election agent.

(5)The deemed appointment of a candidate as election agent may be revoked as if it were an actual appointment.

(6)Where a candidate included in the list is by virtue of this section to be treated as election agent, he shall be deemed to have his office—

(a)at his address as given in the statement as to persons nominated; or

(b)if that address is outside the permitted area for the office, at the qualifying address of the person (or first person) named in that statement as his proposer.

(7)The appropriate officer, on being satisfied that a candidate is by virtue of this section to be treated as election agent, shall forthwith proceed to publish the like notice as if the name and address of the candidate and the address of his office had been duly given to him under sections 67 and 69.

Election expensesE+W+S+N.I.

F4216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F42Sch. 3 para. 16 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Payment of expenses through election agentE+W+S+N.I.

17(1)Section 73 shall be amended as follows.E+W+S+N.I.

(2)In subsection (3) (parliamentary election where sub-agents are allowed) after “parliamentary” there shall be inserted “ or Authority ”.

Candidate’s personal expenses and petty expensesE+W+S+N.I.

18(1)Section 74 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (which authorises a candidate to pay personal expenses, but subject to a limit in the case of a parliamentary election) after “but” there shall be inserted “ (a) ” and for “and” there shall be substituted—

(b)the amount which a candidate at an election of the Mayor of London may pay shall not exceed £5,000,

(c)the amount which a candidate at an election of a constituency member of the London Assembly may pay shall not exceed £600, and

(d)the amount which a candidate to be a London member of the London Assembly at an ordinary election may pay shall not exceed £900,

and, where paragraph (a), (b), (c) or (d) above applies, .

(3)After subsection (1) there shall be inserted—

(1A)In the application of subsection (1) above in relation to a person who is a candidate in two or more Authority elections those elections shall be treated—

(a)if one of them is an election of the Mayor of London, as if they together constituted a single election falling within paragraph (b) of that subsection, and

(b)in any other case, as if they together constituted a single election falling within paragraph (d) of that subsection.

Prohibition of expenses not authorised by election agentE+W+S+N.I.

19(1)Section 75 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (which prohibits the incurring of certain expenses by any person other than the candidate, his agent or persons authorised in writing by the agent)—

(a)after “promoting or procuring the election of a candidate” there shall be inserted “ (or, in the case of an election of the London members of the London Assembly at an ordinary election, a registered political party or candidates of that party) ”; and

(b)at the end of paragraph (c) there shall be added ; or

(d)in the case of an election of the London members of the London Assembly at an ordinary election, of otherwise presenting to the electors the candidate’s registered political party (if any) or the views of that party or the extent or nature of that party’s backing or disparaging any other registered political party; and

(c)after the words “but paragraph (c)” there shall be inserted “ or (d) ”.

(3)After subsection (1) there shall be inserted—

(1A)In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, any reference to the candidate includes a reference to all or any of the candidates of a registered political party.

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)At the end of the section there shall be added—

(7)For the purposes of this section, in the case of an election of the London members of the London Assembly at an ordinary election, a candidate’s registered political party is the registered political party (if any) which submitted for the purposes of that election a list of candidates on which the candidate in question is included.

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Amendments (Textual)

F43Sch. 3 para. 19(4) repealed (16.2.2001) by 2000 c. 41, s, 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Limitation of election expensesE+W+S+N.I.

20(1)Section 76 shall be amended as follows.E+W+S+N.I.

(2)After subsection (1) (which limits the expenditure which may be incurred by a candidate or his agent in respect of the conduct or management of the election) there shall be inserted—

(1A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (1) above shall not have effect in relation to any of those candidates or his election agent; but—

(a)any sums paid or expenses incurred as mentioned in that subsection by any of those candidates or the election agent must not in the aggregate exceed the maximum amount specified in this section; and

(b)a candidate or election agent who knowingly acts in contravention of this subsection shall be guilty of an illegal practice.

(3)In subsection (2)(b) (which specifies the maximum amount for a local government election) after “a local government election” there shall be inserted “ other than an Authority election ”.

(4)After subsection (2) there shall be inserted—

(2A)As respects Authority elections, each of the following, that is to say—

(a)the maximum amount for a candidate in an election of the Mayor of London,

(b)the maximum amount for a candidate in an election of a constituency member of the London Assembly,

(c)the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election,

(d)the maximum amount for the purposes of subsection (1A) above,

shall be such as the Secretary of State may prescribe in an order made by statutory instrument.

(2B)An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5)In subsection (5) (maximum amount not to cover personal expenses of candidate at a parliamentary election) after “parliamentary election” there shall be inserted “ or an Authority election (including the maximum amount for the purposes of subsection (1A) above) ”.

Power to vary provisions concerning election expensesE+W+S+N.I.

F4421. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F44Sch. 3 para. 21 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Expenses limit for joint candidates at local electionE+W+S+N.I.

22(1)Section 77 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (reduction of maximum amount under section 76 in the case of joint candidates at a local government election) after “local government election” there shall be inserted “ other than an Authority election ”.

Return as to election expensesE+W+S+N.I.

23(1)Section 81 shall be amended as follows.E+W+S+N.I.

(2)After subsection (1) (which allows 35 days after the day of the declaration for the making of the return) there shall be inserted—

(1A)Subsection (1) above—

(a)in its application in relation to an election of the Mayor of London, shall have effect with the substitution for “35 days” of “70 days”; and

(b)in its application in relation to the election of the London members of the London Assembly at an ordinary election, shall have effect with the substitution for “35 days after the day on which the result of the election is declared” of “70 days after the day on which the last of the successful candidates at the election is declared to be returned.”

(3)After subsection (5) there shall be inserted—

(6)Where a registered political party submits a list of two or more candidates to be London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect in relation to those candidates and their election agent with the following modifications.

(7)The return which the election agent is required to deliver under subsection (1) above—

(a)shall be in respect of all those candidates; and

(b)shall be in the form set out for the purpose in rules under section 36(2A) above or to the like effect.

(8)If any payments made by the election agent were in respect of two or more candidates, the return shall deal under a separate heading or subsection with all such payments, and the expenses to which they relate, in respect of those candidates.

(9)The statements which the return is required to contain by virtue of subsection (3) above in respect of the matters there mentioned shall be a separate statement of each such matter as respects each of the candidates in question.

(10)If and to the extent that any such matter is referable to two or more candidates together, the return shall contain a separate statement of that matter as respects those candidates.

(11)Where one of the candidates is the election agent, subsection (4) above shall have effect, as respects that candidate, as it has effect where a candidate is his own election agent.

Declarations as to election expensesE+W+S+N.I.

24(1)Section 82 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (declaration by agent) for “the form in Schedule 3 to this Act” there shall be substituted “ the appropriate form ”.

(3)In subsection (2) (declaration by candidate) for “the form in that Schedule” there shall be substituted “ the appropriate form ”.

(4)After subsection (2) there shall be inserted—

(2A)For the purposes of subsections (1) and (2) above, “the appropriate form”—

(a)in the case of the election agent for the candidates on a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, is the form set out for the purpose in rules under section 36(2A) above;

(b)in the case of any of the candidates included in such a list, is the form set out for the purpose in those rules; and

(c)in any other case, is the form in Schedule 3 to this Act.

F45(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)After subsection (5) there shall be inserted—

(5A)Where one of the candidates included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party is the election agent for those candidates, the declarations required by subsections (1) and (2) above shall instead be modified as specified in the form set out in the rules under section 36(2A) above.

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Amendments (Textual)

F45Sch. 3 para. 24(5) repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Penalty for sitting or voting where no return and declarations transmittedE+W+S+N.I.

25(1)Section 85 shall be amended as follows.E+W+S+N.I.

(2)After subsection (2) there shall be inserted—

(2A)As respects Authority elections—

(a)subsections (1) and (2) above shall not apply in relation to a candidate in an election of the Mayor of London (for which separate provision is made by section 85A below);

(b)in the case of any other Authority election, the reference in subsection (2)(a) above to the council for the local government area for which the election was held shall be taken as a reference to the London Assembly; and

(c)in the case of a candidate included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, the references in subsection (1) above to the returns and declarations in respect of election expenses shall be taken as references to the declaration as to election expenses by the candidate.

Disqualification where no return and declarations transmitted after Mayoral electionE+W+S+N.I.

26After section 85 there shall be inserted—

85A Disqualification where no return and declarations transmitted after election of Mayor of London.

(1)If, in the case of any candidate at an election of the Mayor of London, the return and declarations as to election expenses are not delivered before the expiry of the time limited for the purpose, the candidate shall, as respects that election, be disqualified from being elected or being the Mayor of London.

(2)Any application under section 86 below by such a candidate for relief in respect of a failure to deliver the return and declarations as to election expenses must be made within the period of 6 weeks following the day on which the time limited for their delivery expires.

(3)A disqualification under subsection (1) above shall not take effect unless or until—

(a)the period specified in subsection (2) above for making an application for relief under section 86 below expires without such an application having been made; or

(b)if such an application is made, the application—

(i)is finally disposed of without relief being granted; or

(ii)is abandoned or fails by reason of non-prosecution.

Publication of time and place for inspection of returns and declarationsE+W+S+N.I.

27(1)Section 88 shall be amended as follows.E+W+S+N.I.

(2)In the words preceding paragraph (a), after “At a parliamentary election” there shall be inserted “ or an Authority election ”.

(3)In paragraph (a) (which requires publication of notices in at least two newspapers circulating in the constituency for which the election was held) after “the constituency” there shall be inserted “ or electoral area ”.

Broadcasting during electionsE+W+S+N.I.

F4628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F46Sch. 3 para. 28 repealed (16.3.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 3

Schools and rooms for election meetingsE+W+S+N.I.

29(1)Section 96 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (which entitles a candidate to the use of certain premises for holding public meetings in furtherance of his candidature) for “in furtherance of his candidature” there shall be substituted to promote or procure the giving of votes at that election—

(i)for himself, or

(ii)if he is a candidate included in a list of candidates submitted by a registered political party at an election of the London members of the London Assembly at an ordinary election, towards the return of candidates on that list,.

BriberyE+W+S+N.I.

30(1)Section 113 shall be amended as follows.E+W+S+N.I.

(2)In subsection (2) (conduct which constitutes bribery) at the end of paragraph (ii) there shall be added ; and

(iii)references to procuring the return of any person at an election include, in the case of an election of the London members of the London Assembly at an ordinary election, references to procuring the return of candidates on a list of candidates submitted by a registered political party for the purposes of that election.

Election court for local election and place of trialE+W+S+N.I.

F4731. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F47Sch. 3 para. 31 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Consequences of election etc of London members being declared void.E+W+S+N.I.

32(1)In section 135 (consequences of local election declared void) after subsection (1) (which provides for a new election in certain cases) there shall be inserted—E+W+S+N.I.

(1A)Subsection (1) above shall not apply in the case of an election of the London members of the London Assembly at an ordinary election (for which separate provision is made by section 135A below).

(2)After section 135 there shall be inserted—

135A Consequences of election or return of London members being declared void.

(1)This section applies where the election court has made a determination under section 145 below at the conclusion of the trial of a petition questioning the election of the London members of the London Assembly at an ordinary election.

(2)Where, pursuant to section 145(6) below, the proper officer of the Greater London Authority receives the copy of the certificate of the election court’s determination in relation to the election which was questioned, he shall send notice of the determination to the Greater London returning officer.

(3)If the election is not declared void but—

(a)the return of a candidate at the election is declared void, and

(b)no other person has been declared returned in his place,

the vacancy shall be filled (or, as the case may be, remain unfilled) as if it were a casual vacancy (see section 11 of the Greater London Authority Act 1999).

(4)If the election is declared void, a new election shall be held in the same manner as at an ordinary election.

(5)The date of the poll at the new election shall be fixed by the Greater London returning officer.

(6)The date fixed shall be no later than three months after the receipt by the Greater London returning officer of the notice under subsection (2) above.

(7)A new election shall not be held if the latest date which may be fixed for the poll falls within the period of three months preceding an ordinary election.

(8)If the determination of the election court is that the election is void, the Greater London returning officer shall inform the returning officer for each Assembly constituency of—

(a)the contents of the notice under subsection (2) above; and

(b)the date fixed for the poll at the new election.

(9)The results of the elections of the constituency members of the London Assembly at the last ordinary election shall have effect for the purposes of ascertaining the results of the new election.

Conclusion of trial of local election petitionE+W+S+N.I.

33(1)Section 145 shall be amended as follows.E+W+S+N.I.

(2)After subsection (1) (which specifies the questions to be determined by the election court) there shall be inserted—

(1A)In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, for the words from “shall determine” to “void,” there shall be substituted “shall determine whether—

(a)the person or persons whose return is complained of were duly returned,

(b)some other person or persons should have been declared to be returned, or

(c)the election was void, ”.

Election court determination in respect of election of Mayor or constituency memberE+W+S+N.I.

34After section 145 there shall be inserted—

145A Determination in respect of election of Mayor of London or constituency member of London Assembly.

(1)This section applies where the election court makes a determination under section 145 above in respect of—

(a)the election of the Mayor of London, or

(b)the election of a constituency member of the London Assembly,

and the conditions in subsections (2) and (3) below are satisfied.

(2)The first condition is that the determination of the election court is—

(a)that the person whose election is complained of was not duly elected; or

(b)that the election was void.

(3)The second condition is that the return of that person at that election was taken into account for the purpose of deciding which persons were to be returned as London members of the London Assembly.

(4)Where this section applies, the validity of the return of the London members of the London Assembly shall not be affected by—

(a)the determination of the election court; or

(b)in a case falling within subsection (1)(b) above, the subsequent return of a person as the constituency member for the Assembly constituency concerned.

Candidate reported guilty of corrupt or illegal practiceE+W+S+N.I.

F4835. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F48Sch. 3 para. 35 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Avoidance of election for employing corrupt agentE+W+S+N.I.

36(1)Section 165 shall be amended as follows.E+W+S+N.I.

(2)After subsection (3) (vote given for person incapable of being elected by reason of employing corrupt agent not to be deemed to be thrown away unless given for same person at a poll consequent on the decision of an election court) there shall be added—

(4)In the case of an election of the Mayor of London, a vote deemed in accordance with subsection (3) above to be thrown away shall be so deemed only to the extent that it is a vote given so as to indicate that the person who was under the incapacity is the voter’s first or second preference from among the candidates.

References to elections under the local government Act to include Authority electionsE+W+S+N.I.

37After section 189 there shall be inserted—

The Greater London AuthorityE+W+S+N.I.

189A Extension of references to elections under the local government Act.

For the purposes of—

(a)Part II of this Act,

(b)Part III of this Act, and

(c)section 189 above,

any reference to an election under the local government Act includes a reference to an Authority election.

General provisions as to interpretationE+W+S+N.I.

38(1)Section 202 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in the definition of “election”, after “parliamentary election” there shall be inserted “ , an Authority election ”;

(b)in paragraph (b) of the definition of “election court”, after “questioning” there shall be inserted “ an Authority election or ”;

(c)for the definition of “proper officer” there shall be substituted—

proper officer”—

(a)in relation to the Greater London Authority, has the same meaning as in the 1999 Act (see section 424(2) of that Act);

(b)except as provided by paragraph (a) above, in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the M7Local Government Act 1972;.

(3)In subsection (1), after the definition of “proper officer” there shall be inserted—

registered political party” means a party registered under the M8Registration of Political Parties Act 1998;”.

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Marginal Citations

Interpretation: local government provisionsE+W+S+N.I.

39(1)Section 203 (local government provisions as to England and Wales) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), the following definitions shall be inserted at the appropriate places—

  • the 1999 Act” means the Greater London Authority Act 1999;;

Assembly constituency” has the same meaning as in the 1999 Act (see section 2(4) and (5) of that Act);;

Authority election” means—

(a)any election of the Mayor of London;

(b)any election of a constituency member of the London Assembly; or

(c)the election of the London members of the London Assembly at an ordinary election;;

constituency member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;;

election of a constituency member of the London Assembly” means—

(a)any such election at an ordinary election; or

(b)an election under section 10 of the 1999 Act (election to fill a vacancy in an Assembly constituency);;

election of the Mayor of London” means—

(a)any such election at an ordinary election; or

(b)an election under section 16 of the 1999 Act (election to fill a vacancy in the office of Mayor of London);;

London member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;.

(3)In subsection (1), in the definition of “electoral area”, after “means” there shall be inserted “ (a) ” and at the end of the definition there shall be added—

(b)Greater London, in the case of—

(i)any election of the Mayor of London; or

(ii)the election of the London members of the London Assembly at an ordinary election;

(c)any Assembly constituency for which the election of a constituency member of the London Assembly is held;.

(4)In subsection (1)—

(a)in the definition of “local authority”, after “means” there shall be inserted “ the Greater London Authority, ”;

(b)in the definition of “local government area”, after “means” there shall be inserted “ Greater London, ”;

(c)in the definition of “local government election”, after “means” there shall be inserted “ (a) ” and at the end of the definition there shall be added ; or

(b)any Authority election.

(5)After subsection (1) there shall be inserted—

(1A)In the application of this Act in relation to England and Wales, unless the context otherwise requires, any reference to—

(a)a local government election, or

(b)an election under the local government Act,

shall be taken to include a reference to an Authority election.

(1B)Any reference in this Act to a registered political party submitting a list of candidates to be London members of the London Assembly at an ordinary election shall be construed in accordance with section 4(5)(a) of, and Part II of Schedule 2 to, the 1999 Act; and related expressions shall be construed accordingly.

(6)For subsection (2) (application of Part I in relation to the City and parliamentary elections) there shall be substituted—

(2)The following provisions of this Act, namely—

(a)Part I, so far as it has effect for the purposes of parliamentary elections, and

(b)Parts I to III, so far as they have effect for the purposes of Authority elections,

shall (subject to any express provision contained in the Part or Parts in question) apply in relation to the City as if the City were a London borough and the Common Council were a London borough council.

For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City.

[F49Schedule 3AE+W+S Free delivery of election addresses at first election of Mayor

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Amendments (Textual)

F49Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14(4), 17(3), Sch. 5

InterpretationE+W+S

F501In this Schedule—

  • the 1983 Act” means the Representation of the M9People Act 1983;

  • candidate” means a person who stands nominated as a candidate at the election;

  • the election” means the first election of the Mayor;

  • election address” shall be construed in accordance with paragraph 2 below;

  • election booklet” shall be construed in accordance with paragraph 6 below;

  • the GLRO” means the Greater London returning officer;

  • print” means print by whatever means (and “printer” shall be construed accordingly);

  • the relevant provisions” means the provisions of section 17A(1) of this Act and this Schedule.

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Amendments (Textual)

F50Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Marginal Citations

Election addressesE+W+S

F512For the purposes of the relevant provisions an election address, in relation to a candidate, is a statement prepared by the candidate’s election agent which complies with the provisions of paragraphs 3 and 4.

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Amendments (Textual)

F51Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Contents of election addressesE+W+S

F523(1)An election address must contain matter relating to the election only.E+W+S

(2)In particular, an election address must not contain—

(a)any advertising material (other than material promoting the candidate as a candidate at the election);

(b)any other material appearing to be included with a view to commercial gain; or

(c)any material referring to any candidate standing for election to the Assembly.

(3)An election address may include a representation of the registered emblem, or (as the case may be) one of the registered emblems, of a registered political party if the address is prepared on behalf of an authorised party candidate.

(4)In sub-paragraph (3) above “authorised party candidate”, in relation to a registered political party, means a candidate who has been authorised to use the emblem in question by a certificate—

(a)issued by or on behalf of the registered nominating officer of the party, and

(b)received by the GLRO before the last time for the delivery of nomination papers for the election.

(5)An election address must—

(a)contain a statement to the effect that it has been prepared by the candidate’s election agent; and

(b)give the name and address of the election agent.

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Amendments (Textual)

F52Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Form of election addressesE+W+S

F534(1)Subject to any requirements imposed by or under this paragraph, the format of a candidate’s election address may be determined by the candidate (and, in particular, may consist of a combination of words, pictures and artwork).E+W+S

(2)An election address must be printed on not more than two sides of A5 paper; but if such an address is printed on two sides of such paper—

(a)it must, when submitted to the GLRO for inclusion in the election booklet, be accompanied by a second version printed on a single side of such paper; and

(b)if the total number of candidates from whom election addresses have been accepted by the GLRO by the last time for the delivery of nomination papers for the election exceeds 15, the version to be included in the election booklet shall be the second version.

(3)An election address must—

(a)comply with such requirements as to typographical layout, margins and the use of colour as the GLRO may determine; and

(b)comply with such other requirements as he may determine with a view to facilitating its reproduction as a page or pages of the election booklet.

(4)An election address must, when submitted to the GLRO for inclusion in the election booklet, be accompanied—

(a)where the address is to contain a photograph of the candidate, by two identical copies of the photograph, of which one is signed on the back by the candidate; and

(b)in any case, by such copies of anything contained in the address as the GLRO may reasonably require in connection with the reproduction of the address.

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Amendments (Textual)

F53Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Approval of election addresses by Post OfficeE+W+S

F545(1)Before an election address is submitted to the GLRO for inclusion in the election booklet a draft of the address must have been—E+W+S

(a)submitted by the candidate to the Post Office, and

(b)approved by the Post Office as complying with the relevant Post Office regulations.

(2)In sub-paragraph (1)(b) above “the relevant Post Office regulations” means the provisions of the Post Office regulations under section 91 of the 1983 Act as to the contents of election communications, other than the provisions of those regulations—

(a)authorising the sending of different material to different groups, or

(b)requiring the name of the printer and publisher to appear on election literature.

(3)Without prejudice to the operation of sub-paragraph (1)(b) above, the Post Office shall not approve an election address if, in their opinion, the address does not comply with the provisions of paragraph 3(1) and (2) above.

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Amendments (Textual)

F54Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

The election bookletE+W+S

F556(1)For the purposes of this Schedule the election booklet is a document prepared by the GLRO which contains the election addresses of all candidates who—E+W+S

(a)desire their election addresses to be included in the booklet, and

(b)have submitted—

(i)those addresses, and

(ii)any additional material required under paragraph 4(4) above,

to the GLRO by such date as he may determine.

(2)If—

(a)it appears to the GLRO that any of the requirements of paragraphs 3(3) to (5), 4 and 5(1) above has not been complied with in relation to an election address, or

(b)a candidate fails to make the payment required by paragraph 9 below in respect of an election address,

the GLRO shall decline to include the address in the election booklet.

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Amendments (Textual)

F55Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Form of election bookletE+W+S

F567(1)The order in which candidates’ election addresses appear in the election booklet shall be determined alphabetically by reference to the candidates’ surnames.E+W+S

(2)The election booklet may include, in addition to candidates’ election addresses, a statement by the GLRO

(a)explaining the nature and purpose of the election booklet;

(b)listing, in alphabetical order, the names of all the candidates at the election (whether or not their election addresses are included in the booklet); and

(c)giving the date of the election and such other information about it as the GLRO may determine.

(3)The election booklet must—

(a)contain a statement that it has been published by the GLRO; and

(b)give the name and address of the GLRO and those of the printer of the booklet.

(4)Subject to sub-paragraphs (1) to (3) above, the form of the election booklet shall be determined by the GLRO.

(5)The election agent of each candidate whose election address has been accepted by the GLRO for inclusion in the booklet shall be given an opportunity to attend at a time and place notified to him by the GLRO in order to check, and submit to the GLRO typographical corrections to, the proof of the candidate’s address.

(6)If the election agent of any such candidate fails to avail himself of that opportunity, the GLRO may—

(a)make such typographical corrections to the proof as appear to him to be appropriate; and

(b)proceed with the printing and distribution of the election booklet without further reference to the candidate or his election agent (and without incurring any liability for any errors in the candidate’s address).

(7)No person other than—

(a)the candidate by whom or on whose behalf an election address included in the election booklet was prepared, or

(b)the candidate’s election agent,

shall incur any civil or criminal liability in respect of the publication of that address in the election booklet or its dissemination in accordance with paragraph 8 below.

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Amendments (Textual)

F56Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Distribution of election bookletE+W+S

F578(1)Copies of the election booklet shall be delivered by the GLRO to the Post Office, in envelopes addressed to individual electors falling within section 17A(1)(b) of this Act, at such time as the GLRO may determine.E+W+S

(2)The GLRO may disseminate the contents of the election booklet by such other means as he may determine.

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Amendments (Textual)

F57Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Contributions by candidates towards costs of printingE+W+S

F589(1)Each candidate by whom an election address is submitted to the GLRO for inclusion in the election booklet shall pay the sum of £10,000 to the GLRO as a contribution towards the expenses incurred by him in respect of the printing of the election booklet.E+W+S

(2)The payment required by sub-paragraph (1) above shall be made at such time, and in such manner, as the GLRO may determine.

(3)A candidate shall be entitled to a full refund of any such payment if, but only if, the candidate has given notice of withdrawal of his candidature before the last time for the withdrawal of candidates.

(4)If the total amount of the payments made by candidates under this paragraph exceeds the total amount of the expenses incurred by the GLRO in respect of the printing of the election booklet, the GLRO shall—

(a)divide the amount of the excess between the candidates in equal shares, and

(b)send to each candidate a payment in respect of his share.

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Amendments (Textual)

F58Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Payments by Secretary of StateE+W+S

F5910Except so far as they are met by payments under paragraph 9 above, the expenses incurred by the GLRO in consequence of the relevant provisions shall be met by the Secretary of State.

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Amendments (Textual)

F59Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss, 14, 17(3), Sch. 5

Candidates’ election expensesE+W+S

F6011(1)The amount of any payment made by a candidate under paragraph 9 above (or, if sub-paragraph (4) of that paragraph applies, the net amount of any such payment after deducting the payment under that sub-paragraph) shall be taken, for the purposes of Part II of the 1983 Act (the election campaign), to be an amount of election expenses incurred by the candidate in relation to the election.E+W+S

(2)Nothing in section 75(1) of the 1983 Act (restriction on third party election expenditure) shall be taken to apply, in relation to any candidate, to any expenses incurred by the GLRO in consequence of the relevant provisions.]

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Amendments (Textual)

F60Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Section 37.

SCHEDULE 4E+W+S Exercise of functions during vacancy or temporary incapacity of Mayor

Part IE+W+S Interpretation

1Any reference in this Schedule to a period when the Mayor is temporarily unable to act is a reference to a period when—

(a)there is no vacancy in the office of Mayor; but

(b)the Mayor is unable to act in his office by reason of illness, imprisonment or absence abroad or for any other reason;

and references to the Mayor being temporarily unable to act shall be construed accordingly.

Part IIE+W+S Vacancies in the office of Mayor

Notice of vacancy in office of MayorE+W+S

2(1)If a casual vacancy occurs in the office of Mayor, the proper officer of the Authority shall give notice of the vacancy—E+W+S

(a)to the Deputy Mayor, if there is a holder of that office; or

(b)in any other case, to the Chair of the Assembly.

(2)Any notice under sub-paragraph (1) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of section 15(1) of this Act as occurring.

Provision for acting Mayor during vacancyE+W+S

3During any vacancy in the office of Mayor there shall be an acting Mayor of London (in this Act referred to as the “acting Mayor”).

Filling the office of acting MayorE+W+S

4(1)If a person holds the office of Deputy Mayor on the date on which a vacancy in the office of Mayor occurs, that person shall be the acting Mayor unless, within the permitted period—E+W+S

(a)he gives notice to the proper officer of the Authority that he does not wish to be the acting Mayor; or

(b)he does not give a notice under paragraph (a) above and does not deliver a declaration under paragraph 8(1) below.

(2)If a person becomes the acting Mayor by virtue of being the Deputy Mayor—

(a)he shall cease to be the Deputy Mayor; and

(b)he shall not be the Deputy Mayor, the Chair of the Assembly or the Deputy Chair of the Assembly at any time while he is the acting Mayor.

(3)If, by virtue of sub-paragraph (1) above, the person who is the Deputy Mayor does not become the acting Mayor, the proper officer of the Authority shall give notice of that fact to the Chair of the Assembly as soon as practicable after—

(a)receipt of any notice under sub-paragraph (1)(a) above; or

(b)if no such notice is given, the last day of the permitted period.

(4)Where notice is given to the Chair of the Assembly—

(a)under paragraph 2(1)(b) above, or

(b)under sub-paragraph (3) above,

the person who is the Chair of the Assembly shall be the acting Mayor.

(5)If a person becomes acting Mayor by virtue of being the Chair of the Assembly—

(a)he shall cease to be the Chair of the Assembly; and

(b)he shall not be the Deputy Mayor, the Chair of the Assembly or the Deputy Chair of the Assembly at any time while he is the acting Mayor.

(6)In this paragraph “the permitted period” means the period of seven days following the day on which notice under paragraph 2(1)(a) above is given to the Deputy Mayor.

Acting Mayor to be treated as Mayor during vacancyE+W+S

5(1)If and so long as there is an acting Mayor—E+W+S

(a)any functions exercisable by the Mayor shall be exercisable instead by the acting Mayor; and

(b)any functions exercisable by the Mayor and the Assembly acting jointly shall be exercisable instead by the acting Mayor and the Assembly acting jointly;

and, for the period of the vacancy, the acting Mayor shall accordingly be treated as if he were the Mayor.

(2)Sub-paragraph (1) above is subject to the following provisions of this Part of this Schedule.

Functions which are not to be exercisable by acting MayorE+W+S

6(1)Paragraph 5(1)(a) above does not apply in relation to—E+W+S

(a)any function exercisable under Schedule 6 or 7 to this Act;

(b)any functions in relation to the preparation, alteration or replacement of any strategies under this Act; or

(c)any function of making an appointment mentioned in sub-paragraph (2) below.

(2)The appointments mentioned in sub-paragraph (1)(c) above are—

(a)any appointment of a member of any of the functional bodies;

(b)any appointment of a member of any other body corporate under or by virtue of this Act;

(c)any appointment under subsection (1) of section 67 of this Act.

Acting Mayor not to act as Assembly member except in relation to budgetE+W+S

7(1)While a person is the acting Mayor, he shall not act as an Assembly member except in relation to the functions of the Assembly under Schedule 6 or 7 to this Act.E+W+S

(2)Any period during which sub-paragraph (1) above has effect in relation to a person shall be left out of account in applying section 6 of this Act in relation to that person.

Declaration of acceptance by Deputy MayorE+W+S

8(1)A person shall not, by virtue of being Deputy Mayor,—E+W+S

(a)become the acting Mayor, or

(b)exercise any functions by virtue of paragraph 5 above,

unless and until he has made, and delivered to the proper officer of the Authority within the permitted period, a declaration of acceptance in a form prescribed in an order made by the Secretary of State.

(2)In sub-paragraph (1) above, “permitted period” has the same meaning as in paragraph 4 above.

(3)Subsections (3) and (4) of section 28 of this Act shall apply to a declaration under sub-paragraph (1) above as they apply to a declaration under that section.

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Commencement Information

I3Sch. 4 para. 8 wholly in force at 8.5.2000; Sch. 4 para. 8 in force at Royal Assent for certain purposes see s.425(2); Sch. 4 para. 8 in force (8.5.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Consequences of making the declarationE+W+S

9(1)This paragraph applies where the acting Mayor makes the declaration required by paragraph 8(1) above.E+W+S

(2)Where this paragraph applies—

(a)the acting Mayor shall resign his membership of the Metropolitan Police Authority; and

(b)the Chair of the Assembly shall fill the vacancy so arising by appointing another member of the Assembly to be a member of the Metropolitan Police Authority in place of the acting Mayor.

Declaration of acceptance by Chair of AssemblyE+W+S

10A person who becomes acting Mayor by virtue of being the Chair of the Assembly shall not act in the office of acting Mayor unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.

Setting the budget during a vacancyE+W+S

11If, at any time when proceedings under Schedule 6 or 7 to this Act are taking place in respect of any year, there is a vacancy in the office of Mayor, those and any subsequent proceedings under the Schedule in question in respect of that year shall proceed as if the Mayor had failed to fulfil his duties under that Schedule.

Occurrence of vacancy in office of acting MayorE+W+S

12(1)If, at any time during a vacancy in the office of Mayor, a casual vacancy occurs in the office of acting Mayor, the head of the Authority’s paid service shall give notice of the vacancy—E+W+S

(a)to the Chair of the Assembly, and

(b)to the Deputy Mayor, if there is a holder of that office,

and this Part of this Schedule (other than paragraph 2 above) shall have effect as if a vacancy in the office of Mayor [F61had occurred] on the date on which the vacancy in the office of acting Mayor occurs.

(2)For the purposes of this paragraph, the cases in which, and the date on which, a casual vacancy occurs in the office of acting Mayor are the cases in which, and the date on which, a casual vacancy—

(a)occurs in the acting Mayor’s office as an Assembly member; or

(b)would have occurred in the office of Mayor, had the acting Mayor been the Mayor.

(3)Any notice under sub-paragraph (1) above shall be given as soon as practicable after the date on which, by virtue of sub-paragraph (2) above, the vacancy is, in accordance with section 9 or 15 of this Act, to be regarded as occurring.

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Amendments (Textual)

F61Words in Sch. 4 para. 12(1) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. 1 para. 10

Part IIIE+W+S Mayor temporarily unable to act Notice of Mayor’s temporary inability to act

13(1)If the head of the Authority’s paid service becomes aware that the Mayor is temporarily unable to act, he shall as soon as reasonably practicable give notice of that fact—E+W+S

(a)to the Chair of the Assembly; and

(b)to the Deputy Mayor, if there is a holder of that office.

(2)For the purposes of the following provisions of this Part of this Schedule, any period when the Mayor is temporarily unable to act shall be taken to begin with the giving of the notice required by sub-paragraph (1) above.

Deputy Mayor to be treated as Mayor during the periodE+W+S

Prospective

14(1)During any period when the Mayor is temporarily unable to act—E+W+S

(a)any functions exercisable by the Mayor shall be exercisable instead by the Deputy Mayor; and

(b)any functions exercisable by the Mayor and the Assembly acting jointly shall be exercisable instead by the Deputy Mayor and the Assembly acting jointly;

and, for that period, the Deputy Mayor shall accordingly be treated as if he were the Mayor.

(2)Sub-paragraph (1) above is subject to the following provisions of this Part of this Schedule.

Functions which are not to be exercisable by Deputy MayorE+W+S

15(1)Paragraph 14(1)(a) above does not apply in relation to—E+W+S

[F62(a)any functions exercisable under Schedule 6 or 7 to this Act;]

(b)any functions in relation to the preparation, alteration or replacement of strategies under this Act; or

(c)any function of making an appointment mentioned in sub-paragraph (2) below.

(2)The appointments mentioned in sub-paragraph (1)(c) above are—

(a)any appointment of a member of any of the functional bodies;

(b)any appointment of a member of any other body corporate under or by virtue of this Act;

(c)any appointment under subsection (1) of section 67 of this Act.

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Amendments (Textual)

F62Sch. 4 para. 15(1)(a) repealed (E.W.) (30.10.2007) by Greater London Authority Act 2007 (c. 24), ss. 16(2), 59(7), Sch. 2; S.I. 2007/3107, art. 2(b)(c)

Setting the budget during the periodE+W+S

16[F63If, at any time when proceedings under Schedule 6 or 7 to this Act are taking place in respect of any year, the Mayor is temporarily unable to act, those and any subsequent proceedings under the Schedule in question in respect of that year shall proceed as if the Mayor had failed to fulfil his duties under that Schedule.]

[F63If and so long as any functions of the Mayor under Schedule 6 or 7 to this Act are exercisable by the Deputy Mayor pursuant to paragraph 14 above, the Deputy Mayor shall not act as an Assembly member in relation to any functions of the Assembly under either of those Schedules.]

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Amendments (Textual)

Mayor unable to act for three consecutive monthsE+W+S

17If the Mayor has been temporarily unable to act for a period of three consecutive months—

(a)the Deputy Mayor shall resign his membership of the Metropolitan Police Authority; and

(b)the Chair of the Assembly shall fill the vacancy so arising by appointing another member of the Assembly to be a member of the Metropolitan Police Authority in place of the Deputy Mayor.

Exercise of Mayor’s functions by ChairE+W+S

18(1)This paragraph applies in relation to any period (or, as the case may be, the remainder of any period) when the Mayor is temporarily unable to act, if—E+W+S

(a)at the beginning of that period there is no Deputy Mayor; or

(b)the person who, at the beginning of that period, is the Deputy Mayor gives notice to the proper officer of the Authority, within the permitted time, that he does not wish to exercise the functions of the Mayor pursuant to paragraph 14 above; or

(c)a casual vacancy occurs in the office of Deputy Mayor during that period;

and in paragraph (b) above “the permitted time” means the period of seven days following the day on which notice under paragraph 13(1)(b) above is given to the Deputy Mayor.

(2)Where this paragraph applies—

(a)paragraphs 14 and 15 above shall have effect with the substitution for references to the Deputy Mayor of references to the Chair of the Assembly [F64(but see sub-paragraph (2A) below)] ; and

(b)paragraph 17 above shall be disregarded, but without prejudice to any action taken under paragraph (a) or (b), or required to be taken under paragraph (b), of that paragraph.

[F65(2A)The Chair of the Assembly shall not by virtue of sub-paragraph (2)(a) above exercise any functions of the Mayor under Schedule 6 or 7 to this Act.]

(3)If and so long as functions are exercisable by virtue of paragraph 14 above by the Chair of the Assembly, he shall not exercise any of the other functions of Chair of the Assembly.

(4)If and so long as the Chair of the Assembly is precluded by sub-paragraph (3) above from exercising any of his functions, those functions shall be exercisable instead by the Deputy Chair of the Assembly.

(5)If and so long as any functions of the Chair of the Assembly are, by virtue of sub-paragraph (4) above, exercisable by the Deputy Chair of the Assembly, the Deputy Chair of the Assembly shall not exercise any of his other functions.

(6)If and so long as the Deputy Chair of the Assembly is precluded by sub-paragraph (5) above from exercising any of his functions, those functions shall be exercisable instead by a person (“the acting Deputy Chair”) elected for the purpose at a meeting of the Assembly from among the Assembly members.

(7)A person must not at the same time hold office as acting Deputy Chair and as Mayor, Deputy Mayor, Chair of the Assembly or Deputy Chair of the Assembly.

(8)If the acting Deputy Chair becomes Mayor, Deputy Mayor, Chair of the Assembly or Deputy Chair of the Assembly, a vacancy shall occur in the office of acting Deputy Chair.

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Amendments (Textual)

F64Words in Sch. 4 para. 18(2)(a) inserted (E.W.) (30.10.2007) by Greater London Authority Act 2007 (c. 24), ss. 16(5), 59(7); S.I. 2007/3107, art. 2(b)

F65Sch. 4 para. 18(2A) inserted (E.W.) (30.10.2007) by Greater London Authority Act 2007 (c. 24), ss. 16(6), 59(7); S.I. 2007/3107, art. 2(b)

[F66SCHEDULE 4AE+WConfirmation hearings etc

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Amendments (Textual)

F66Sch. 4A 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(2), 59(4)(b), Sch. 1; S.I. 2008/113, art. 2(a)

Application of ScheduleE+W

1(1)This Schedule has effect where the Mayor proposes to make an appointment to any of the offices specified in section 60A(3) of this Act.E+W

(2)If the Mayor decides to appoint himself to any of those offices—

(a)he must notify the Assembly of that fact, but

(b)the following provisions of this Schedule do not have effect in relation to the appointment of the Mayor to that office.

Mayor not to make appointment until end of confirmation processE+W

2(1)The Mayor must not make any appointment to the office until the end of the confirmation process has been reached.E+W

(2)The end of the confirmation process is reached when—

(a)the Mayor has given the Assembly the notification required by paragraph 5(2) below (acceptance or rejection of Assembly's recommendation), or

(b)the period of 3 weeks described in sub-paragraph (3) of paragraph 4 below has expired without any recommendation under that paragraph being given to the Mayor by the Assembly.

Duty of Mayor to notify AssemblyE+W

3(1)The Mayor must notify the Assembly of the person (“the candidate”) whom he proposes to appoint to the office.E+W

(2)The notification must contain the following information—

(a)the candidate's name;

(b)the candidate's address for correspondence;

(c)the office to which the Mayor proposes to appoint the candidate;

(d)the reasons why the candidate is the person the Mayor proposes to appoint to the office.

Assembly to make recommendation to the MayorE+W

4(1)This paragraph applies when the Mayor has given that notification to the Assembly.E+W

(2)The Assembly must make a recommendation to the Mayor as to whether or not the candidate should be appointed to the office.

(3)The recommendation must be given to the Mayor in writing before the end of the period of 3 weeks beginning with the day on which the Assembly receives the notification from the Mayor.

(4)In calculating the period of 3 weeks mentioned in sub-paragraph (3) above, no regard shall be had to the period beginning with the day of the poll at an ordinary election and ending with the day on which the Chair of the Assembly and the Deputy Chair of the Assembly are elected under section 52(2) of this Act.

The Mayor's response to the recommendationE+W

5(1)The Mayor may accept or reject the Assembly's recommendation.E+W

(2)The Mayor must notify the Assembly of his decision whether to accept or reject the recommendation.

Power to request candidate to attend confirmation hearing or produce documentsE+W

6(1)The Assembly may decide to hold a confirmation hearing before deciding the recommendation that is to be made to the Mayor.E+W

(2)In this Schedule “confirmation hearing” means a meeting at which the candidate is requested to appear for the purpose of answering questions relating to the proposed appointment.

(3)In this Schedule “appear”, in relation to a meeting, means—

(a)attend in person, or

(b)participate in proceedings by means of any device that enables a person to hear and be heard in the proceedings as they happen, without attending in person.

(4)The Assembly may decide to request the candidate to produce, whether at a confirmation hearing or otherwise, documents which are in his possession or under his control and which relate to the proposed appointment.

Procedure for requesting candidate's appearance at confirmation hearingE+W

7(1)This paragraph applies where the Assembly decides to hold a confirmation hearing.E+W

(2)The head of the Authority's paid service must give the candidate a notice requesting him to appear at the confirmation hearing.

(3)The notice must state the date on which, and the time and place at which, the confirmation hearing is to take place.

(4)The notice must state whether the candidate is requested to attend in person.

(5)If the candidate is not requested to attend in person, the notice must specify or describe the means by which the candidate may appear.

(6)The notice must be given to the candidate at least one week before the day on which the confirmation hearing is to take place, unless the candidate waives this right.

(7)The notice is to be taken to have been given to the candidate if it is sent by—

(a)registered post, or

(b)a recorded delivery service,

to the address for correspondence specified in the Mayor's notification under paragraph 3 above.

(8)Sections 61 and 62 of this Act (power to require attendance at meetings and procedure for doing so) do not apply in relation to the candidate in the case of a confirmation hearing.

Restriction of information etcE+W

8(1)This paragraph applies in relation to—E+W

(a)any confirmation hearing, and

(b)any document which the candidate is requested to produce by virtue of paragraph 6(4) above.

(2)The Secretary of State may by order make provision for any order for the time being in force under section 63 of this Act (restriction of information) to have effect (with or without modifications) in relation to the candidate as it has effect in relation to a person required to attend proceedings or produce documents under section 61(1)(a) or (b) of this Act.

(3)The candidate is not obliged 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 or Wales.

Discharge of Assembly's functions by Assembly, ordinary committee or Chair of AssemblyE+W

9(1)The Assembly may arrange under section 54(1)(a) of this Act for any of its functions under this Schedule to be discharged on its behalf by an ordinary committee.E+W

(2)The Assembly may arrange under section 54(1)(b) of this Act for any of the following functions to be discharged on its behalf by the Chair of the Assembly—

(a)its function under paragraph 6(1) above of deciding whether to hold a confirmation hearing;

(b)its function under paragraph 6(4) above of deciding whether to request the candidate to produce any documents.

(3)Except as provided by sub-paragraphs (1) and (2) above, neither the Assembly nor an ordinary committee may arrange for the discharge of any functions under this Schedule on its behalf by—

(a)any committee or sub-committee, or

(b)a single member of the Assembly.]

Section 77.

SCHEDULE 5E+W+S Promotion of Bills in Parliament by the Authority

Preliminary requirementsE+W+S

1No Bill may be deposited in Parliament by virtue of section 77(1)(a) of this Act until the requirements of paragraphs 2 and 4 below have been complied with.

Consultation on draft BillE+W+S

2(1)The Mayor shall—E+W+S

(a)prepare a draft of the proposed Bill (“the draft Bill”);

(b)send copies of the draft Bill to the bodies specified in sub-paragraph (2) below; and

(c)consult those bodies about the draft Bill.

(2)Those bodies are—

(a)the Assembly;

(b)every London borough council; and

(c)the Common Council.

(3)Where the Mayor sends copies of the draft Bill to those bodies pursuant to sub-paragraph (1)(b) above, he shall also give those bodies notice of the time within which, and the place at which, they may make representations about the draft Bill.

Publicity for, and exposure of, the draft BillE+W+S

3(1)Throughout the consultation period, the Mayor shall take such steps as in his opinion will give adequate publicity to the draft Bill.E+W+S

(2)A copy of the draft Bill 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 throughout the consultation period.

(3)A copy of the draft Bill, or of any part of the draft Bill, shall be supplied to any person on request during the consultation period for such reasonable fee as the Mayor may determine.

(4)In this paragraph “the consultation period” means the period which—

(a)begins with the first day after the requirements of paragraph 2(1)(b) above have been complied with; and

(b)ends with the time notified pursuant to paragraph 2(3) above.

Consultation on revised draft BillE+W+S

4(1)If, after considering any representations made about the draft Bill pursuant to paragraph 2 above, the Mayor decides to continue with the proposal for a Bill to be promoted, he shall prepare a revised draft of the proposed Bill (“the revised draft Bill”).E+W+S

(2)The revised draft Bill must be in the form of the draft Bill, either as originally prepared or as modified to take account of—

(a)representations made pursuant to paragraph 2 above;

(b)other representations made within the consultation period; or

(c)other material considerations.

(3)After the expiration of at least 30 days from the beginning of the consultation period, the Mayor shall—

(a)send a copy of the revised draft Bill to the Assembly; and

(b)consult the Assembly about it.

(4)Where the Mayor sends a copy of the revised draft Bill to the Assembly pursuant to sub-paragraph (3)(a) above, he shall also give the Assembly notice of the period within which it may make representations to him about the revised draft Bill.

(5)The period specified under sub-paragraph (4) above must be such as will afford the Assembly a reasonable opportunity to consider the revised draft Bill and make representations about it to the Mayor.

(6)In this paragraph “the consultation period” has the same meaning as in paragraph 3 above.

Deposition of the Bill in ParliamentE+W+S

5If, after the requirements of paragraph 4 above have been complied with, a Bill is deposited in Parliament by virtue of section 77(1)(a) of this Act, that Bill must be in the form of the revised draft Bill, either as originally prepared or as modified to take account of—

(a)representations made by the Assembly pursuant to paragraph 4 above; or

(b)other material considerations.

Bills affecting statutory functions of London local authoritiesE+W+S

6If a Bill proposed to be deposited in Parliament by virtue of section 77(1)(a) of this Act contains provisions affecting the exercise of statutory functions by a London local authority, the Bill shall not be deposited in Parliament unless—

(a)in a case where the exercise of statutory functions of one London local authority is affected, that authority has given its written consent to the Bill in the form in which it is to be so deposited; or

(b)in a case where the exercise of statutory functions of two or more London local authorities is affected, at least 90 per cent. of all London local authorities have given their written consent to the Bill in that form.

(2)In this paragraph “London local authority” means—

(a)a London borough council; or

(b)the Common Council.

Publicity for the deposited BillE+W+S

7(1)This paragraph applies where a Bill (“the deposited Bill”) is deposited in Parliament by virtue of section 77(1)(a) of this Act.E+W+S

(2)During the period of 14 days following the day on which the deposited Bill is deposited in Parliament, the Mayor shall take such steps as in his opinion will give adequate publicity to the Bill.

(3)A copy of the deposited Bill 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 throughout the period while the Bill is in Parliament.

(4)A copy of the deposited Bill, or of any part of the deposited Bill, shall be supplied to any person on request during that period for such reasonable fee as the Mayor may determine.

Section 87.

SCHEDULE 6E+W+S Procedure for determining the Authority’s consolidated budget requirement

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Modifications etc. (not altering text)

C3Sch. 6 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 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 1999 c. 27, s. 30, Sch. 1 Pt. I para. 1)

PreliminaryE+W+S

1(1)It shall be the duty of the Mayor and the Assembly, in accordance with the following provisions of this Schedule, to prepare and approve for each financial year—E+W+S

(a)a budget for each of the constituent bodies as such (a “component budget”); and

(b)a consolidated budget for the Authority (a “consolidated budget”).

(2)A component budget must consist of statements of—

(a)the amount of the component budget requirement for the constituent body concerned; and

(b)the calculations under section 85(4) to (7) of this Act which give rise to that amount.

(3)A consolidated budget must consist of statements of—

(a)the amount of the Authority’s consolidated budget requirement;

(b)the amount of the component budget requirement for each constituent body; and

(c)the calculations under section 85(4) to (8) of this Act which give rise to each of the amounts mentioned in paragraphs (a) and (b) above.

(4)In this Schedule “public meeting”, in relation to the Assembly, means a meeting of the Assembly throughout which members of the public are entitled to be present.

Mayor’s draft component budget for each constituent bodyE+W+S

2(1)For each financial year, the Mayor shall prepare a draft of his proposed component budget for each of the constituent bodies (a “draft component budget”).E+W+S

(2)[F67Before preparing the draft component budget for the Authority, the Mayor shall consult the Assembly.]

[F67The Mayor shall consult the Assembly—

(a)before preparing the draft component budget for the Mayor, and

(b)before preparing the draft component budget for the Assembly.]

(3)Before preparing the draft component budget for a functional body, the Mayor shall consult the body.

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Amendments (Textual)

F67Sch. 6 para. 2(2) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(2), 59(4); S.I. 2007/3107, art. 3

Draft consolidated budgetE+W+S

3(1)After the Mayor has prepared the draft component budgets under paragraph 2 above, he shall prepare a draft of his proposed consolidated budget for the financial year (the “draft consolidated budget”).E+W+S

(2)Before finally determining the contents of the draft consolidated budget, the Mayor shall consult—

(a)the Assembly, if paragraph (b) below does not apply, or

(b)if the Assembly has so resolved, such committee or other representatives of the Assembly as may be specified in, or determined in accordance with, the resolution,

and (in either case) such other bodies or persons as appear appropriate to the Mayor.

(3)The Mayor shall—

(a)present the draft consolidated budget to the Assembly at a public meeting of the Assembly; and

(b)publish it in such manner as he may determine.

(4)It shall be the duty of the Mayor to comply with paragraph 2 and sub-paragraphs (1) to (3) above on or before 1st February in the financial year preceding that to which the draft consolidated budget relates.

Failure of Mayor to comply with paragraph 3(4)E+W+S

4(1)If the Mayor fails to comply with paragraph 3(4) above, the Assembly shall—E+W+S

(a)prepare a draft component budget for each functional body, after consultation with that body;

(b)[F68prepare a draft component budget for the Authority; and]

[F68prepare a draft component budget for the Mayor;

(bb)prepare a draft component budget for the Assembly; and]

(c)prepare a draft consolidated budget.

(2)If, at a public meeting of the Assembly, the draft consolidated budget prepared under sub-paragraph (1)(c) above is approved by the Assembly—

(a)that draft, as so approved, shall be the Authority’s consolidated budget for the financial year to which it relates; and

(b)the following provisions of this Schedule shall not apply in relation to the consolidated budget or the component budgets for that financial year.

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Amendments (Textual)

F68Sch. 6 para. 4(1)(b)(bb) substituted for Sch. 6 para. 4(1)(b) (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(3), 59(4); S.I. 2007/3107, art. 3

Assembly consideration of Mayor’s draft budgetE+W+S

5(1)This paragraph applies where the Mayor presents a draft consolidated budget to the Assembly in accordance with paragraph 3 above.E+W+S

(2)The draft consolidated budget must be considered at a public meeting of the Assembly.

(3)The Assembly must approve the draft consolidated budget, together with the draft component budgets comprised in it, with or without amendment [F69 (but see paragraph 5A below) ] .

(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by the Assembly.

(5)If no amendments are made on consideration of the draft consolidated budget (whether to that budget or to any of the draft component budgets comprised in it) the draft consolidated budget shall be deemed to be approved without amendment.

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Amendments (Textual)

F69Words in Sch. 6 para. 5(3) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(4), 59(4); S.I. 2007/3107, art. 3

[F70Limit on Assembly's powers to amend Mayor's draft budget for the AssemblyE+W+S

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Amendments (Textual)

F70Sch. 6 para. 5A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(5), 59(4); S.I. 2007/3107, art. 3

5A(1)In exercising its powers of amendment under paragraph 5(3) above, the Assembly must not make amendments affecting the amount of the draft component budget requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the draft component budget requirement for the Assembly, and

(b)the condition in sub-paragraph (3) below is met.

(3)The condition is that—

(a)the draft component budget requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component budget requirement for the Assembly.

(4)Find the adjusted previous component budget requirement for the Assembly as follows.

(5)Find NM and OM, where—

  • NM is the draft component budget requirement for the Mayor, before implementing any amendments under paragraph 5(3) above;

  • OM is the component budget requirement for the Mayor for the previous financial year.

(6)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(7)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(8)If NM equals OM, then—

(a)the adjusted previous component budget requirement for the Assembly,

equals

(b)the amount of the component budget requirement for the Assembly for the previous financial year.

(9)The Authority's chief finance officer may direct that such amounts as he may specify in the direction are to be left out of account for the purpose of determining the adjusted previous component budget requirement for the Assembly.

(10)The Secretary of State may give the chief finance officer guidance with respect to the exercise of the power to give a direction under sub-paragraph (9) above.

(11)The chief finance officer must have regard to any such guidance.

(12)For the purposes of this Schedule the “draft component budget requirement” for any constituent body is the component budget requirement for the body as stated in the draft component budget for the body.]

The Mayor’s final draft of the proposed consolidated budgetE+W+S

6(1)After—E+W+S

(a)the draft consolidated budget has been approved (with or without amendment) under paragraph 5 above, or

(b)such period as the Mayor considers reasonable has elapsed without the draft consolidated budget having been so approved,

the Mayor shall prepare a final draft of his proposed consolidated budget for the financial year (the “final draft budget”).

(2)In a case falling within paragraph (b) of sub-paragraph (1) above—

(a)the Mayor shall lay before the Assembly in accordance with the standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and

(b)on the laying of the statement, the Assembly shall be deemed to have approved the draft consolidated budget without amendment.

(3)Whether the Assembly have approved the draft consolidated budget with or without amendment, the final draft budget may be—

(a)the draft consolidated budget, as approved by the Assembly, with the amendments (if any) made under paragraph 5 above;

(b)the draft consolidated budget amended by the Mayor as he considers appropriate; or

(c)the same as the draft consolidated budget.

(4)The Mayor shall—

(a)present the final draft budget to the Assembly; and

(b)publish it in such manner as he may determine.

(5)If—

(a)the Assembly approved the draft consolidated budget with amendments under paragraph 5 above, but

(b)the final draft budget is anything other than the draft consolidated budget with those amendments,

the Mayor, at the time when he presents the final draft budget to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft budget which is not the draft consolidated budget with those amendments.

(6)It shall be the duty of the Mayor (having regard to paragraph 8(7) below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.

Failure of Mayor to present final draft budgetE+W+S

7(1)This paragraph applies if the Mayor has complied with paragraph 3(4) above but has failed to comply with paragraph 6(6) above.E+W+S

(2)Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority’s consolidated budget requirement.

(3)The component budget requirement of each of the constituent bodies shall be agreed by the Assembly.

(4)The Authority’s consolidated budget requirement shall be deemed to be agreed by the Assembly accordingly.

(5)Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the consolidated budget or the component budgets for the financial year in question.

Approval of Mayor’s final draft budget by AssemblyE+W+S

8(1)This paragraph applies where the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above.E+W+S

(2)The final draft budget must be considered at a public meeting of the Assembly.

(3)After considering the final draft budget, the Assembly must approve it with or without amendment [F71 (but see paragraph 8A below) ] .

(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.

(5)If no amendments are made on consideration of the final draft budget, the final draft budget shall be deemed to be approved without amendment.

(6)The final draft budget as approved by the Assembly with or without amendment shall be the Authority’s consolidated budget for the financial year.

(7)It shall be the duty of the Assembly to approve the final draft budget with or without amendment before the last day of February in the financial year preceding that to which the final draft budget relates.

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Amendments (Textual)

F71Words in Sch. 6 para. 8(3) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(6), 59(4); S.I. 2007/3107, art. 3

[F72Limit on Assembly's power to amend Mayor's final draft budget for the AssemblyE+W+S

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Amendments (Textual)

F72Sch. 6 para. 8A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(7), 59(4); S.I. 2007/3107, art. 3

8A(1)In exercising its powers of amendment under paragraph 8 above, the Assembly must not make amendments affecting the amount of the final draft component budget requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the final draft component budget requirement for the Assembly, and

(b)the condition in sub-paragraph (3) below is met.

(3)The condition is that—

(a)the final draft component budget requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component budget requirement for the Assembly.

(4)Find the adjusted previous component budget requirement for the Assembly as follows.

(5)Find NM and OM, where—

  • NM is the final draft component budget requirement for the Mayor, before implementing any amendments under paragraph 8(3) above;

  • OM is the component budget requirement for the Mayor for the previous financial year.

(6)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(7)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(8)If NM equals OM, then—

(a)the adjusted previous component budget requirement for the Assembly,

equals

(b)the amount of the component budget requirement for the Assembly for the previous financial year.

(9)Sub-paragraphs (9) to (11) of paragraph 5A above (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.

(10)For the purposes of this Schedule the “final draft component budget requirement” for any constituent body is the component budget requirement for the body as stated in the final draft budget.]

Failure of Assembly to approve final draft budgetE+W+S

9If the Assembly fails to comply with paragraph 8(7) above, the final draft budget presented to the Assembly in accordance with paragraph 6 above shall be the Authority’s consolidated budget for the financial year.

Regulations amending datesE+W+S

10The Secretary of State may by regulations modify this Schedule in its application in relation to any particular financial year, by substituting for any reference to 1st February in the preceding financial year a reference to such other day as may be specified in the regulations.

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Commencement Information

I4Sch. 6 para. 10 wholly in force at 3.7.2000; by virtue of s. 425(2) it is provided that 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; Sch. 6 para. 10 in force at 3.7.2000 by S.I. 1999/3434, art. 4

PublicationE+W+S

11(1)The Mayor shall as soon as practicable publish each of the following documents—E+W+S

(a)the Authority’s consolidated budget for the year; and

(b)the component budget of each constituent body for the year.

(2)In this paragraph “relevant document” means any document required to be published under sub-paragraph (1) above.

(3)A copy of each relevant document 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.

(4)A copy of any relevant document, or any part of a relevant document, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(5)In this paragraph “the appropriate period” in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.

Section 98.

SCHEDULE 7E+W+S Procedure for making of substitute calculations by the Authority

PreliminaryE+W+S

1(1)This Schedule applies in relation to any substitute calculations which are required to be made in accordance with it.E+W+S

(2)In this Schedule “public meeting”, in relation to the Assembly, means a meeting of the Assembly throughout which members of the public are entitled to be present.

The Mayor’s first draftE+W+S

2(1)The Mayor shall prepare a draft of his proposals for the substitute calculations (“the first draft”).E+W+S

(2)Before finally determining the contents of the first draft, the Mayor shall consult—

(a)the Assembly; and

(b)each of the functional bodies affected by the proposals.

(3)The Mayor shall—

(a)lay the first draft before the Assembly in accordance with standing orders of the Authority; and

(b)publish it in such manner as he may determine.

Failure of Mayor to comply with paragraph 2(3)E+W+S

3(1)This paragraph applies if the Mayor has not complied with paragraph 2(3) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section 52K or 52V of the M10Local Government Finance Act 1992.E+W+S

(2)Where this paragraph applies, the Assembly shall prepare a draft of their proposals for the substitute calculations, after consulting each of the functional bodies affected by the proposals.

(3)If, at a public meeting of the Assembly, the draft proposals prepared under sub-paragraph (2) above are approved by the Assembly—

(a)the Authority’s substitute calculations shall be the substitute calculations in that draft as so approved; and

(b)the following provisions of this Schedule shall not apply in relation to the substitute calculations.

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Marginal Citations

Assembly consideration of Mayor’s first draftE+W+S

4(1)This paragraph applies where the Mayor has laid the first draft before the Assembly in accordance with paragraph 2 above.E+W+S

(2)The first draft must be considered at a public meeting of the Assembly.

(3)The Assembly must approve the first draft with or without amendment.

(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by the Assembly.

(5)If no amendments are made on consideration of the first draft, the first draft shall be deemed to be approved without amendment.

[F73Limit on Assembly's powers to amend Mayor's first draft budget for the AssemblyE+W+S

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Amendments (Textual)

F73Sch. 7 para. 4A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 14(2), 59(4); S.I. 2007/3107, art. 3

4A(1)In exercising its powers of amendment under paragraph 4(3) above, the Assembly must not make amendments affecting the amount of the first draft component budget requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the first draft component budget requirement for the Assembly, and

(b)the condition in sub-paragraph (3) below is met.

(3)The condition is that—

(a)the first draft component budget requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component budget requirement for the Assembly (see sub-paragraph (5)).

(4)This paragraph is without prejudice to section 49(2) of the Local Government Finance Act 1992 (substitute amount not to exceed previous amount (but see section 49(6) of that Act)).

(5)Find the adjusted previous component budget requirement for the Assembly as follows.

(6)Find NM and OM, where—

  • NM is the first draft component budget requirement for the Mayor, before implementing any amendments under paragraph 4(3) above;

  • OM is the component budget requirement for the Mayor for the previous financial year.

(7)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(8)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(9)If NM equals OM, then—

(a)the adjusted previous component budget requirement for the Assembly,

equals

(b)the amount of the component budget requirement for the Assembly for the previous financial year.

(10)Sub-paragraphs (9) to (11) of paragraph 5A of Schedule 6 to this Act (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.

(11)For the purposes of this Schedule—

(a)component budget” has the same meaning as in Schedule 6 to this Act;

(b)the “first draft component budget” for any constituent body is the draft component budget for that body comprised in the first draft;

(c)the “first draft component budget requirement” for any constituent body is the component budget requirement for the body as stated in the first draft component budget for the body.]

The Mayor’s final draftE+W+S

5(1)After—E+W+S

(a)the first draft has been approved (with or without amendment) under paragraph 4 above, or

(b)such period as the Mayor considers reasonable has elapsed without the first draft having been so approved,

the Mayor shall prepare a final draft of his proposals for the substitute calculations (“the final draft”).

(2)In a case falling within paragraph (b) of sub-paragraph (1) above—

(a)the Mayor shall lay before the Assembly in accordance with standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and

(b)on the laying of the statement, the Assembly shall be deemed to have approved the first draft without amendment.

(3)Whether the Assembly have approved the first draft with or without amendment, the final draft may be—

(a)the first draft, as approved by the Assembly, with the amendments (if any) made under paragraph 4 above;

(b)the first draft amended by the Mayor as he considers appropriate; or

(c)the same as the first draft.

(4)The Mayor shall—

(a)present the final draft to the Assembly; and

(b)publish it in such manner as he may determine.

(5)If—

(a)the Assembly approved the first draft with amendments under paragraph 4 above, but

(b)the final draft is anything other than the first draft with those amendments,

the Mayor, at the time when he presents the final draft to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft which is not the first draft with those amendments.

Failure of Mayor to present a final draftE+W+S

6(1)This paragraph applies if the Mayor has complied with paragraph 2(3) above but has failed to comply with paragraph 5(4) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section 52K or 52V of the M11Local Government Finance Act 1992.E+W+S

(2)Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority’s substitute calculations.

(3)The substitute calculations shall be agreed by the Assembly.

(4)Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the substitute calculations.

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Marginal Citations

Approval of Mayor’s final draft by AssemblyE+W+S

7(1)This paragraph applies where the Mayor presents a final draft to the Assembly in accordance with paragraph 5 above.E+W+S

(2)The final draft must be considered at a public meeting of the Assembly.

(3)After considering the final draft, the Assembly must approve it with or without amendment.

(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.

(5)If no amendments are made on consideration of the final draft, the final draft shall be deemed to be approved without amendment.

(6)The Authority’s substitute calculations shall be those in the final draft as approved by the Assembly with the amendments (if any) made in accordance with sub-paragraphs (3) and (4) above.

[F74Limit on Assembly's power to amend Mayor's final draft budget for the AssemblyE+W+S

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Amendments (Textual)

F74Sch. 7 para. 7A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 14(3), 59(4); S.I. 2007/3107, art. 3

7A(1)In exercising its powers of amendment under paragraph 7 above, the Assembly must not make amendments affecting the amount of the final draft component budget requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the final draft component budget requirement for the Assembly, and

(b)the condition in sub-paragraph (3) below is met.

(3)The condition is that—

(a)the final draft component budget requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component budget requirement for the Assembly (see sub-paragraph (5)).

(4)This paragraph is without prejudice to section 49(2) of the Local Government Finance Act 1992 (substitute amount not to exceed previous amount (but see section 49(6) of that Act)).

(5)Find the adjusted previous component budget requirement for the Assembly as follows.

(6)Find NM and OM, where—

  • NM is the final draft component budget requirement for the Mayor, before implementing any amendments under paragraph 7(3) above;

  • OM is the component budget requirement for the Mayor for the previous financial year.

(7)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(8)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(9)If NM equals OM, then—

(a)the adjusted previous component budget requirement for the Assembly,

equals

(b)the amount of the component budget requirement for the Assembly for the previous financial year.

(10)Sub-paragraphs (9) to (11) of paragraph 5A of Schedule 6 to this Act (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.

(11)For the purposes of this Schedule the “final draft component budget requirement” for any constituent body is the component budget requirement for that body as stated in the final draft.]

Failure of Assembly to approve final draft within 21 daysE+W+S

8If the Assembly fails to approve the final draft, with or without amendment, before the end of the period of 21 days beginning with the day on which the Mayor presented the final draft, the Authority’s substitute calculations shall be those in the final draft presented to the Assembly in accordance with paragraph 5 above.

PublicationE+W+S

9(1)This paragraph applies where any substitute calculations are made in accordance with this Schedule.E+W+S

(2)Where this paragraph applies, the Mayor shall as soon as practicable publish a document containing the substitute calculations.

(3)In this paragraph “relevant document” means any document required to be published under sub-paragraph (2) above.

(4)A copy of each relevant document 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.

(5)A copy of any relevant document, or any part of a relevant document, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(6)In this paragraph “the appropriate period” in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.

Prospective

Section 133.

SCHEDULE 8E+W+S+N.I. Amendments of the Audit Commission Act 1998

PreliminaryE+W+S+N.I.

1The M12Audit Commission Act 1998 shall be amended as follows.

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Marginal Citations

Transmission and consideration of section 8 reportsE+W+S+N.I.

2(1)Section 10 shall be amended as follows.E+W+S+N.I.

(2)In subsection (2) (persons to whom copies of reports are to be sent) after “the Secretary of State” there shall be inserted “ and (in the case of a functional body or the London Pensions Fund Authority) to the Mayor of London ”.

(3)In subsection (3) (body concerned to take report into consideration in accordance with sections 11 and 12)—

(a)after “body concerned” there shall be inserted “ (and, in the case of the Greater London Authority, the London Assembly) ”; and

(b)in paragraph (a), after “in accordance with sections 11” there shall be inserted “ , 11A ”.

(4)After subsection (4) (agenda for meeting of the body to be accompanied by the report) there shall be inserted—

(4A)In the case of a report relating to the Greater London Authority, subsection (4) shall apply in relation to the meeting of the London Assembly under section 11A(3) (taking the reference to the body as a reference to that Assembly).

Consideration of reports or recommendationsE+W+S+N.I.

3(1)Section 11 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), after “section 12” there shall be inserted “ (and, in the case of a report or recommendations sent to the Greater London Authority, section 11A) ”.

(3)After subsection (2) there shall be inserted—

(2A)Where a written recommendation within subsection (3) is sent to a functional body or the London Pensions Fund Authority, a copy shall be sent at the same time to the Mayor of London.

(4)After subsection (3) there shall be inserted—

(3A)In relation to the Greater London Authority, subsections (4) to (7) shall not apply (but section 11A has effect in place of them).

(5)After subsection (7) there shall be inserted—

(7A)In the case of each of the following bodies, namely—

(a)Transport for London,

(b)the London Development Agency,

(c)the London Pensions Fund Authority,

Part VA of the 1972 Act (access to meetings etc) shall have effect in relation to the meeting as if that body were a principal council, but subject to the provisions of sections 10(5) and (6) and 12(3).

(6)After subsection (8) (which prevents delegation under section 101 of the M13Local Government Act 1972) there shall be inserted—

(8A)In the case of the London Development Agency or Transport for London, neither—

(a)paragraph 7 of Schedule 2 to the M14Regional Development Agencies Act 1998 (delegation by London Development Agency etc), nor

(b)paragraph 7 of Schedule 10 to the Greater London Authority Act 1999 (delegation by Transport for London),

shall apply to a duty imposed on either of those bodies by this section.

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Marginal Citations

4After section 11 there shall be inserted—

11A Greater London Authority: consideration of reports and recommendations.

(1)This section applies where—

(a)a report under section 8, or

(b)any written recommendation within subsection (3) of section 11,

is sent to the Greater London Authority in connection with the audit of its accounts.

(2)The Mayor shall consider the report or recommendation preparatory to making the decisions under subsection (6).

(3)The Assembly shall consider the report or recommendation at a meeting.

(4)At that meeting the Assembly shall decide what recommendations to make to the Mayor as to the decisions to be made under subsection (6).

(5)The Mayor must attend the meeting.

(6)After the meeting, the Mayor shall decide—

(a)whether the report requires the Authority to take any action or whether the recommendation is to be accepted; and

(b)what (if any) action to take in response to the report or recommendation.

(7)In making any decision under subsection (6), the Mayor shall take account of any recommendations made by the Assembly pursuant to subsection (4).

(8)The duties imposed on the Mayor and Assembly by subsections (2) to (6) must be performed before the end of the period of four months beginning with the day on which the report or recommendation was sent to the Authority.

(9)If an auditor is satisfied that it is reasonable to allow more time for the performance of those duties in relation to a report or recommendation, he may, in relation to that report or recommendation, extend the period of four months mentioned in subsection (8).

(10)A period may be extended under subsection (9) whether or not it has already been extended under that subsection once or more than once.

(11)Any functions of the Mayor under this section must be exercised by the Mayor personally.

(12)Section 54 of the Greater London Authority Act 1999 (discharge of Assembly functions by committees etc) shall not apply in relation to any function of the Assembly under this section.

(13)Subsection (9) of section 11 applies in relation to this section as it applies in relation to that section.

(14)In this section—

  • the Assembly” means the London Assembly;

  • the Authority” means the Greater London Authority;

  • the Mayor” means the Mayor of London.

Publicity for meetingsE+W+S+N.I.

5(1)Section 12 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (meetings for the purposes of section 11) after “section 11” there shall be inserted “ or 11A ”.

(3)In subsection (2) (duty to notify auditor of decisions under section 11(5) etc)—

(a)after “as soon as practicable after the meeting” there shall be inserted “ (or, in the case of the Greater London Authority, the making of the decisions under section 11A(6)) ”; and

(b)in paragraph (a), after “section 11(5)” there shall be inserted “ or 11A(6) ”.

Declaration that item of account is unlawfulE+W+S+N.I.

6(1)Section 17 shall be amended as follows.E+W+S+N.I.

(2)In subsection (7) (which defines “local authority” as including the bodies there mentioned)—

(a)before paragraph (a) there shall be inserted—

(aa)the Greater London Authority;; and

(b)after paragraph (e) there shall be inserted—

(ee)the Metropolitan Police Authority;.

(3)After subsection (7) there shall be inserted—

(8)For the purposes of this section the members of the Greater London Authority are the Mayor of London and the members of the London Assembly.

Recovery of amount not accounted for etc.E+W+S+N.I.

7(1)Section 18 shall be amended as follows.E+W+S+N.I.

(2)In subsection (12) (which applies subsections (6) and (7) of section 17) for “(6) and (7)” there shall be substituted “ (6) to (8) ”.

Documents relating to police authorities etcE+W+S+N.I.

8(1)Section 32 shall be amended as follows.E+W+S+N.I.

(2)After subsection (2) there shall be inserted—

(3)Any reference in this section to a police authority established under section 3 of the M15Police Act 1996 includes a reference to the Metropolitan Police Authority.

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Marginal Citations

Studies of Authority by Commission at request of MayorE+W+S+N.I.

F759. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Studies of functional bodies by Commission at request of MayorE+W+S+N.I.

F7610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Restriction on disclosure of information: exceptionsE+W+S+N.I.

11(1)Section 49 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) (prohibition on disclosure of information except as provided in the paragraphs of that subsection) after paragraph (d) there shall be inserted—

(dd)to the Mayor of London, where the information relates to the Greater London Authority or a functional body;.

Interpretation and exercise of Authority functions by Mayor etc.E+W+S+N.I.

12(1)Section 53 shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), the following definition shall be inserted at the appropriate place—

  • functional body” means a functional body within the meaning of the Greater London Authority Act 1999 (see section 424(1) of that Act);.

(3)After subsection (4) there shall be inserted—

(5)Any functions conferred or imposed on the Greater London Authority under or by virtue of this Act shall be functions which are exercisable by the Mayor of London acting on behalf of the Authority.

(6)Subsection (5) does not apply in relation to any function expressly conferred on the London Assembly.

Section 136.

SCHEDULE 9E+W+S Amendments to Local Government Finance Act 1992

IntroductionE+W+S

1Chapter IVA of Part I of the M16Local Government Finance Act 1992 (which relates to limitation of council tax and precepts and which was inserted by Schedule 1 to the M17Local Government Act 1999) shall be amended as follows.

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Marginal Citations

Challenge of maximum amount after designation for year under considerationE+W+S

2(1)Section 52F shall be amended as follows.E+W+S

(2)In subsection (6)(a) for “70 and 71” there shall be substituted “ 85 and 86 ”.

(3)In subsection (6)(b) for “80” there shall be substituted “ 95 ”.

Duty of designated precepting authorityE+W+S

3(1)Section 52J shall be amended as follows.E+W+S

(2)In subsection (1)(a) for “70, 71 and 73 to 75 of and Schedule 6” there shall be substituted “ 85, 86 and 88 to 90 of and Schedule 7 ”.

(3)In subsection (3)—

(a)in paragraph (a) for “73(2)” there shall be substituted “ 88(2) ”, and

(b)in paragraph (b) for “74(3)” there shall be substituted “ 89(3) ”.

(4)In subsection (6)—

(a)for “73(2)” (in both places where it occurs) there shall be substituted “ 88(2) ”,

(b)for “74(3)” there shall be substituted “ 89(3) ”, and

(c)for “74(4)” there shall be substituted “ 89(4) ”.

(5)In subsection (8)—

(a)in paragraph (a) for “73(2)” there shall be substituted “ 88(2) ”, and

(b)in paragraph (b) for “74(4)” there shall be substituted “ 89(4) ”.

(6)In subsection (9)—

(a)for “73 and 74” there shall be substituted “ 88 and 89 ”, and

(b)for “74(2)” there shall be substituted “ 89(2) ”.

(7)In subsection (10)(b)—

(a)for “73(3)(b)” there shall be substituted “ 88(3)(b) ”, and

(b)for “74(5)(b)” there shall be substituted “ 89(5)(b) ”.

Challenge of maximum amount after designation under section 52M or 52PE+W+S

4(1)Section 52Q shall be amended as follows.E+W+S

(2)In subsection (5)(a) for “70 and 71” there shall be substituted “ 85 and 86 ”.

(3)In subsection (5)(b) for “80” there shall be substituted “ 95 ”.

Duty of designated precepting authorityE+W+S

5(1)Section 52U shall be amended as follows.E+W+S

(2)In subsections (2)(a) and (3)(a) for “70 to 75” there shall be substituted “ 85 to 90 ”.

(3)In subsection (3)(b) for “70, 71 and 73 to 75 of and Schedule 6” there shall be substituted “ 85, 86 and 88 to 90 of and Schedule 7 ”.

(4)In subsection (6)—

(a)in paragraph (a) for “73(2)” there shall be substituted “ 88(2) ”, and

(b)in paragraph (b) for “74(3)” there shall be substituted “ 89(3) ”.

(5)In subsection (9)—

(a)for “73(2)” (in both places where it occurs) there shall be substituted “ 88(2) ”,

(b)for “74(3)” there shall be substituted “ 89(3) ”, and

(c)for “74(4)” there shall be substituted “ 89(4) ”.

(6)In subsection (11)—

(a)for “73(2)” there shall be substituted “ 88(2) ”, and

(b)for “74(4)” there shall be substituted “ 89(4) ”.

(7)In subsection (12)—

(a)for “73 and 74” there shall be substituted “ 88 and 89 ”, and

(b)for “74(2)” there shall be substituted “ 89(2) ”.

(8)In subsection (13)(b)—

(a)for “73(3)(b)” there shall be substituted “ 88(3)(b) ”, and

(b)for “74(5)(b)” there shall be substituted “ 89(5)(b) ”.

Meaning of budget requirementE+W+S

6In section 52W(2) for “70(8)” there shall be substituted “ 85(8) ”.

Section 154.

SCHEDULE 10E+W+S Transport for London

Status and capacityE+W+S

1(1)Transport for London shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W+S

(2)The members and staff of Transport for London shall not be regarded as civil servants and the property of Transport for London shall not be regarded as property of, or held on behalf of, the Crown.

(3)It shall be within the capacity of Transport for London to do such things and enter into such transactions as are calculated to facilitate, or are conducive or incidental to, the discharge of any of its functions.

Membership of Transport for LondonE+W+S

2(1)Subject to sub-paragraph (2), Transport for London shall consist of not less than eight nor more than [F77seventeen] members, all of whom shall be appointed by the Mayor.E+W+S

(2)The Mayor may choose to be a member of Transport for London and where he does so he shall appoint not less than seven nor more than [F78sixteen] other members under sub-paragraph (1) above.

[F79(2A)The Mayor must exercise his powers under this paragraph so as to secure that at least two members of Transport for London are able to represent the interests of the persons living, working and studying in areas outside Greater London that are served by railway passenger services in respect of which Transport for London carries out functions, or is likely to do so.]

(3)In appointing a person under sub-paragraph (1) above, the Mayor shall have regard to the desirability of ensuring that the members of Transport for London between them have experience in—

(a)transport (including in particular the impact of transport on business and the environment),

(b)finance and commerce,

(c)national and local government,

(d)the management of organisations, and

(e)the organisation of trade unions, or matters relating to workers generally,

and that the membership of Transport for London represents the interests in relation to transport of women and of persons who require transport which is accessible to persons with mobility problems.

[F80(3A)Before making an appointment for the purposes of sub-paragraph (2A) above, the Mayor must consult the regional planning body for each of the regions where the areas served by the services mentioned in that sub-paragraph are situated.]

F81(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The terms and conditions of appointment of a member of Transport for London (including conditions as to remuneration [F84and allowances] ) shall be such as the Mayor may determine [F85(but this is subject to paragraph 3A below)].

(7)The Mayor may by notice to a member of Transport for London remove that member from office.

[F86(8)In this paragraph—

railway passenger service” has the same meaning as in Part 1 of the Railways Act 1993; and

regional planning body” and “region” have the same meanings as in Part 1 of the Planning and Compulsory Purchase Act 2004.]

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Amendments (Textual)

F77Word in Sch. 10 para. 2(1) substituted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(2), 60(2); S.I. 2007/1993, art. 2

F78Word in Sch. 10 para. 2(2) substituted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(3), 60(2); S.I. 2007/1993, art. 2

F79Sch. 10 para. 2(2A) inserted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(4), 60(2); S.I. 2007/1993, art. 2

F80Sch. 10 para. 2(3A) inserted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(5), 60(2); S.I. 2007/1993, art. 2

F84Words in Sch. 10 para. 2(6) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 19(2)(a), 59(7); S.I. 2008/113, art. 2(b)

F85Words in Sch. 10 para. 2(6) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 19(2)(b), 59(7); S.I. 2008/113, art. 2(b)

F86Sch. 10 para. 2(8) inserted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(7), 60(2); S.I. 2007/1993, art. 2

Chairman and deputy chairmanE+W+S

3(1)Subject to sub-paragraph (2), the Mayor shall designate—E+W+S

(a)one of the members of Transport for London to be chairman of Transport for London, and

(b)another of the members to be deputy chairman of Transport for London.

(2)Where the Mayor is a member of Transport for London, he shall be the chairman.

[F87Remuneration etc not to be paid to members who are also Assembly membersE+W+S

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Amendments (Textual)

F87Sch. 10 para. 3A inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 19(3), 59(7); S.I. 2008/113, art. 2(b)

3A(1)Payments by way of remuneration or allowances, other than allowances in respect of travel or subsistence, shall not be made to members of Transport for London who are also Assembly members.E+W+S

(2)Sub-paragraph (1) above does not prevent the payment of an allowance under paragraph 2(6) above to the chairman or deputy chairman of Transport for London in respect of that office.]

StaffE+W+S

4(1)Transport for London may appoint such staff as it considers necessary for assisting it in the exercise of any of its functions.E+W+S

(2)The staff of Transport for London shall be appointed on such terms and conditions (including conditions as to remuneration) as Transport for London shall determine.

Proceedings of Transport for LondonE+W+S

5(1)Subject to the provisions of this Schedule, Transport for London may regulate its own procedure and that of committees of Transport for London and sub-committees of such committees (and in particular may specify a quorum for meetings).E+W+S

(2)The validity of any proceedings of Transport for London shall not be affected—

(a)by any vacancy among the members or in the office of chairman or deputy chairman, or

(b)by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of Transport for London.

Membership of committees and sub-committeesE+W+S

6(1)A committee of Transport for London or a sub-committee of such a committee may include persons who are not members of Transport for London.E+W+S

(2)A person who is a member of a committee of Transport for London or a sub-committee of such a committee but is not a member of Transport for London shall be a non-voting member of the committee or sub-committee.

Delegation by Transport for LondonE+W+S

7(1)Subject to any express provision contained in this Act or any Act passed after this Act, Transport for London may arrange for any of its functions to be discharged on its behalf by—E+W+S

(a)any committee of Transport for London,

(b)any sub-committee of such a committee,

(c)any wholly owned subsidiary (within the meaning of section 736(2) of the M18Companies Act 1985) of Transport for London,

(d)any member or officer of Transport for London, or

(e)any body of members or officers, or members and officers, of Transport for London.

(2)Where Transport for London makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by Transport for London.

(3)Arrangements made by Transport for London for the discharge of functions under this paragraph shall not prevent Transport for London from exercising those functions.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Delegation by committees, sub-committees, etcE+W+S

8(1)Where Transport for London makes arrangements for the discharge of any function by a committee under paragraph 7 above, the committee may (subject to any conditions imposed by Transport for London) arrange for the discharge of the function on its behalf by—E+W+S

(a)any sub-committee of the committee,

(b)any member or officer of Transport for London, or

(c)any body of members or officers, or members and officers, of Transport for London.

(2)Where—

(a)Transport for London makes arrangements for the discharge of any function by a sub-committee under paragraph 7 above, or

(b)a committee of Transport for London makes arrangements for the discharge of any function by a sub-committee under sub-paragraph (1) above,

the sub-committee may (subject to any conditions imposed by Transport for London or the committee) arrange for the discharge of the function on its behalf by any member or officer of Transport for London, or any body of members or officers, or members and officers, of Transport for London.

(3)Where a committee or sub-committee makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by the committee or sub-committee.

(4)Arrangements made by a committee or sub-committee for the discharge of functions under this paragraph shall not prevent the committee or sub-committee from exercising those functions.

Joint committees with local authoritiesE+W+S

9(1)Transport for London shall be treated as a local authority for the purposes of the following provisions of the M19Local Government Act 1972 (arrangements for discharge of functions of a local authority by joint committees with other local authorities)—E+W+S

(a)section 101(5),

(b)section 102 apart from subsection (1)(a) and subsection (4) to the extent that it would permit Transport for London to appoint a committee which is not a joint committee, and

(c)section 103.

(2)Nothing in section 13 of the M20Local Government and Housing Act 1989 shall require a person to be treated as a non-voting member of a committee appointed by Transport for London and one or more other local authorities by virtue of section 101(5) of the M21Local Government Act 1972 if that person—

(a)is appointed to the committee by Transport for London, and

(b)is not a member of Transport for London.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

MinutesE+W+S

10(1)Minutes shall be kept of proceedings of Transport for London, of its committees and of sub-committees of such committees.E+W+S

(2)Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.

(3)Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.

Application of seal and proof of instrumentsE+W+S

11(1)The application of the seal of Transport for London shall be authenticated by the signature of any member, officer or member of staff of Transport for London who has been authorised for the purpose, whether generally or specially, by Transport for London.E+W+S

(2)In sub-paragraph (1) above the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 12 below, the word “signed” shall be construed accordingly.

Documents served etc by or on Transport for LondonE+W+S

12(1)Any document which Transport for London is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of Transport for London by any member, officer or member of staff of Transport for London who has been authorised for the purpose, whether generally or specially, by Transport for London.E+W+S

(2)Every document purporting to be an instrument made or issued by or on behalf of Transport for London and to be duly executed under the seal of Transport for London, or to be signed or executed by a person authorised by Transport for London for the purpose, shall be received in evidence and be treated, without further proof, as being so made or so issued unless the contrary is shown.

(3)Any notice which is required or authorised, by or under any provision of any other Act, to be given, served or issued by, to or on Transport for London shall be in writing.

Members’ interestsE+W+S

13(1)If a member of Transport for London has any interest, whether direct or indirect, and whether pecuniary or not, in any matter that is brought up for consideration at a meeting of Transport for London he shall disclose the nature of the interest to the meeting; and, where such a disclosure is made—E+W+S

(a)the disclosure shall be recorded in the minutes of the meeting; and

(b)the member shall not take any part in any deliberation or decision of Transport for London, or any of its committees or sub-committees, with respect to that matter.

(2)A member need not attend in person at a meeting of Transport for London in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.

(3)The Mayor may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of Transport for London disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.

(4)The power of the Mayor under sub-paragraph (3) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Mayor.

(5)Where the Mayor exercises the power under sub-paragraph (3) above to remove a disability—

(a)he shall notify Transport for London that he has done so, and of his reasons for doing so, and

(b)the removal of the disability and the Mayor’s reasons shall be recorded in the minutes of Transport for London.

(6)If any person fails to comply with the provisions of sub-paragraph (1) above, he shall for each offence be liable on summary conviction to a fine not exceeding level 4 on the standard scale unless he proves that he did not know that the contract, proposed contract or other matter in which he had the interest was the subject of consideration at the meeting.

(7)A prosecution for an offence under this paragraph shall not be instituted except by or on behalf of the Director of Public Prosecutions.

(8)Transport for London may provide for the exclusion of a member from a meeting of Transport for London while any contract, proposed contract or other matter in which he has such an interest as is mentioned in sub-paragraph (1) above is under consideration.

(9)Section 95 of the M22Local Government Act 1972 (pecuniary interests for the purposes of section 94) shall apply for the purposes of this paragraph as it applies for the purposes of that section.

(10)Section 96 of that Act (general notices and recording of disclosures for the purposes of section 94) shall apply for the purposes of this paragraph, but taking—

(a)any reference to a proper officer of the authority as a reference to an officer appointed by Transport for London for the purpose;

(b)any reference to a member of the authority as a reference to a member of Transport for London;

(c)any reference to premises owned by the authority as a reference to premises owned by Transport for London; and

(d)any reference to section 94 of that Act as a reference to this paragraph.

(11)Subsections (4) and (5) of section 97 of that Act (disregard of certain interests for the purposes of section 94) shall apply in relation to this paragraph as they apply in relation to section 94 of that Act, but as if—

(a)the members of Transport for London were members of a local authority; and

(b)in subsection (5), for “a pecuniary interest” there were substituted “ an interest (whether pecuniary or not) ”.

(12)Section 19 of the M23Local Government and Housing Act 1989 (members’ interests) shall apply as if—

(a)Transport for London were a local authority;

(b)the members of Transport for London were the members of that local authority;

(c)an officer appointed by Transport for London for the purpose were the proper officer of that local authority,

(d)any reference to a pecuniary interest were a reference to an interest, whether pecuniary or not; and

(e)any reference to section 94 of the M24Local Government Act 1972 were a reference to this paragraph.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Section 156.

SCHEDULE 11E+W+S Miscellaneous powers of Transport for London

Carriage and storageE+W+S

1(1)Transport for London may carry passengers by any form of land or water transport (including in either case hovercraft) within, to or from Greater London.E+W+S

(2)Transport for London may carry passengers as mentioned in sub-paragraph (1) above between places outside Greater London, in so far as Transport for London considers it requisite to do so—

(a)in connection with the exercise of its powers under that sub-paragraph; or

(b)in order to avoid an interruption of services provided by London Regional Transport in exercise of its powers under paragraph 1(2)(b) of Schedule 2 to the M25London Regional Transport Act 1984 (provision of services outside Greater London to avoid interruption of services formerly provided by the London Transport Executive under the M26Transport (London) Act 1969).

(3)Transport for London may also carry luggage and other goods.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

2(1)Transport for London may enter into arrangements with any person providing passenger transport services by air for the provision of such services between places in Greater London or between such places and places outside Greater London.E+W+S

(2)Without prejudice to its powers under section 156 of this Act, Transport for London may enter into arrangements with any person operating a business of providing passenger vehicles for hire (whether with or without the services of a driver, and whether under private hire arrangements or by way of plying for public hire), for that person to make passenger vehicles operated by him available for hire, or for use in accordance with the arrangements, on such terms and in such manner as may be provided for by the arrangements, in or between places in Greater London or between such places and places outside Greater London.

(3)Any arrangements under this paragraph may include provision for the making of payments by Transport for London to the other party to the arrangements.

3(1)Transport for London may store within Greater London or in any premises of Transport for London outside Greater London goods which have been or are to be carried by Transport for London or a subsidiary of Transport for London.E+W+S

(2)So far as any premises provided for the purpose of discharging that or any other function of Transport for London are not required for that purpose, Transport for London may use those premises to provide facilities for the storage of other goods.

Incidental amenities and facilitiesE+W+S

4Transport for London may provide amenities or facilities, and construct works, for the purpose of making those amenities, facilities or works available for the use of any other person in pursuance of any agreement under section 156(6).

5(1)Transport for London may provide such amenities and facilities as it considers would benefit persons using—E+W+S

(a)any services or facilities provided by Transport for London, by any subsidiary of Transport for London, or by any other person in pursuance of any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) of this Act or in pursuance of a transport subsidiary’s agreement; or

(b)any other London passenger services or London connecting services.

(2)Without prejudice to its powers under sub-paragraph (1) above, Transport for London may provide car parks and amenities or facilities for persons using them at any place convenient for prospective users of any services falling within sub-paragraph (1)(a) or (b) above.

(3)Transport for London may provide facilities for the parking or keeping of any public service vehicles used in the provision of any London passenger service or London connecting service at any place convenient for persons providing any such service.

(4)In this paragraph—

  • London passenger service” means any service for the carriage of passengers within, to or from Greater London (whether or not provided by Transport for London, by any subsidiary of Transport for London, or by any such other person as is mentioned in sub-paragraph (1)(a) above); and

  • London connecting service” means any service for the carriage of passengers to or from any place outside Greater London but convenient for prospective users of London passenger services or for persons seeking to transfer from London passenger services to services for the carriage of passengers to destinations further afield (including destinations outside the United Kingdom).

6(1)Where by virtue of any provision of paragraph 4 or 5 above Transport for London has power to provide any amenities or facilities (including any amenities or facilities of a particular description specifically mentioned in any such provision), Transport for London may enter into arrangements for the provision (including the management or operation) or (as the case may be) for the management or operation of any such amenities or facilities by any other person.E+W+S

(2)Any arrangements under this paragraph may include provision for the making of payments by Transport for London to, or for the giving of guarantees or any other financial assistance by Transport for London for the benefit of, the other party to the arrangements.

(3)References in this Act to amenities or facilities provided by Transport for London include amenities or facilities provided, or managed or operated, by any other person in pursuance of arrangements under this paragraph.

Charges for services and facilitiesE+W+S

7(1)Transport for London may make (or waive) such charges for services and facilities and make the use of services and facilities subject to such terms and conditions, as Transport for London thinks fit.E+W+S

(2)Transport for London’s power under sub-paragraph (1) above is subject only to the provisions of this Act and to any local enactment so far as that local enactment expressly provides for freedom from charges or otherwise prohibits the making of any charge (as distinct from limiting the discretion of persons carrying on any particular undertaking as to the charges of any description to be made by them).

Machinery and componentsE+W+S

8(1)Transport for London may manufacture and repair any spare parts and components or other supplementary machinery or equipment required for the purpose of the operation or repair of any existing vehicles or other equipment of Transport for London or of any subsidiary of Transport for London.E+W+S

(2)Transport for London may repair any vehicles or other equipment, whether owned by Transport for London or any subsidiary of Transport for London or by any other person, and for the purpose of repairing any vehicle or equipment not belonging to Transport for London may supply any necessary parts and components for that vehicle or equipment.

(3)In this paragraph—

(a)references to manufacture include references to construction and production; and

(b)references to repair include references to maintenance.

Technical assistance and adviceE+W+S

9(1)Transport for London may provide for any person professional or technical advice or assistance, including research and other services, as respects any matter in which Transport for London has skill, experience or expertise.E+W+S

(2)Transport for London may, on the request of any person for whom it is providing advice or assistance under sub-paragraph (1) above, establish for that person an undertaking carrying on any business in which Transport for London has skill or experience and manage it on that person’s behalf.

(3)Transport for London may make such charges as it thinks fit in respect of anything done in exercise of its powers under this paragraph.

10(1)In this paragraph—E+W+S

(a)relevant passenger service” means any London passenger service or London connecting service within the meaning of paragraph 5 above which is provided by any form of land or water transport (including, in either case, hovercraft); and

(b)independent service” means any relevant passenger service provided otherwise than by Transport for London or by any of its subsidiaries.

(2)Transport for London may enter into arrangements with any person providing independent services for the reciprocal provision, on such terms as may be provided for by the arrangements, of ancillary services by each party to the arrangements in respect of any relevant passenger services provided by the other.

(3)In sub-paragraph (2) above, “ancillary services” includes, in relation to any relevant passenger services, the sale of tickets for the carriage of passengers on those services, the reservation of seats in vehicles used in the provision of those services and the provision of information about those services to members of the general public.

Exploitation of commercial opportunitiesE+W+S

11Transport for London may let vehicles on hire.

12(1)Transport for London may dispose (whether absolutely or for a term of years) of any part of its undertaking or any property which in the opinion of the Mayor is not required by Transport for London for the purposes of the discharge by Transport for London of any of its functions and, in particular, may dispose of any interest in, or right over, any property which, subject to that interest or right, is retained by Transport for London.E+W+S

(2)Transport for London may supply to any person spare parts and components for passenger road vehicles disposed of by Transport for London in the exercise of its powers under sub-paragraph (1) above, or by a subsidiary of Transport for London, as being no longer required for the purposes of the discharge by Transport for London of any of its functions.

13Transport for London may—

(a)invest sums not immediately required for the purposes of the discharge by Transport for London of any of its functions,

(b)turn its resources to account so far as not required for those purposes, and

(c)spend such sums as it considers reasonable in the exploitation of commercial opportunities arising from the activities it carries on in the discharge of its functions.

Intermodal freight facilitiesE+W+S

14Transport for London may provide and maintain facilities for the transfer of freight—

(a)from a railway to any other mode of transport,

(b)to a railway from any other mode of transport,

(c)from a waterway to any other mode of transport,

(d)to a waterway from any other mode of transport.

Acquisition, disposal and development of landE+W+S

15(1)Transport for London may develop its land in such manner as it thinks fit.E+W+S

(2)Transport for London may in particular—

(a)develop for use by other persons land belonging to Transport for London which is not required for the purposes of the discharge by Transport for London of any of its functions, and

(b)where the use of Transport for London’s land for the purposes of the discharge by Transport for London of any of its functions can be combined with its use by other persons, develop the land by constructing or adapting buildings on it for use wholly or partly by other persons,

with a view to the disposal of any right or interest in the land or (as the case may be) the buildings or any part of the buildings after the development is carried out.

(3)Where Transport for London proposes under this paragraph to develop any land for use otherwise than for the purposes of discharging any of its functions it may acquire by agreement other land in the vicinity for the purpose of developing it together with that land.

16Transport for London may grant an interest to any person in any land which it uses for the purposes of discharging any of its functions.

Prospective

17Subject to paragraph 20 below, where Transport for London has an interest in land which is used otherwise than for the purposes of discharging any of its functions, it may acquire by agreement additional interests in that land in order better to exploit the interest which it already has in that land.

18(1)Subject to paragraph 20 below, Transport for London may acquire land for the purposes of discharging any of its functions (including the rehousing [F88or relocating] of the occupiers of dwellings [F89or other properties] acquired or to be acquired by Transport for London [F90or a subsidiary of Transport for London] ).E+W+S

(2)The power of Transport for London to acquire land under sub-paragraph (1) above includes a power to purchase land which Transport for London has no immediate plans to use or develop.

(3)Transport for London may acquire land by agreement for the purposes of any agreement entered into by it under section 156(2) or (3) of this Act or of any transport subsidiary’s agreement.

(4)Where Transport for London proposes to dispose of any of its land it may acquire by agreement land in the vicinity for the purpose of disposing of it together with the other land.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

19(1)Subject to the following provisions of this paragraph and paragraph 20 below, the Secretary of State may authorise Transport for London to purchase compulsorily any land which is required by Transport for London or a subsidiary of Transport for London for the purposes of the discharge of any function.E+W+S

(2)The M27Acquisition of Land Act 1981 shall apply to any compulsory purchase by virtue of sub-paragraph (1) above.

(3)Transport for London shall not by virtue of sub-paragraph (1) above submit to the Secretary of State a compulsory purchase order authorising the acquisition of any land in accordance with section 2(2) of the Acquisition of Land Act 1981 unless the Mayor has given his consent.

(4)Activities carried on by Transport for London by virtue of paragraph 9 above shall not be treated for the purposes of sub-paragraph (1) above as the discharge by Transport for London of any of its functions.

(5)This paragraph does not authorise Transport for London to purchase compulsorily land which it has power to acquire by agreement under paragraph 15(3) or 18(3) or (4) above.

(6)Subject to sub-paragraph (7) below, the power of purchasing land compulsorily in this paragraph includes power to acquire an easement or other right over land by the creation of a new right.

(7)Sub-paragraph (6) above does not apply to an easement or other right over land which forms part of a common, open space or fuel or field garden allotment within the meaning of section 19 of the M28Acquisition of Land Act 1981.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

20Except as provided by paragraph 15(3), 17 or 18(3) or (4) above, Transport for London does not have power to acquire land (or any interest in land) for purposes which are not related to any of the activities, other than the development of land, of Transport for London or any subsidiary of Transport for London.

21Where any activities for which provision is made by an agreement under section 156(2) or (3) of this Act or under a transport subsidiary’s agreement cease to be carried on by the other party (whether by reason of the expiry or termination of the agreement or otherwise), Transport for London may—

(a)acquire by agreement any land or other property used for the purpose of carrying on those activities; and

(b)in the case of an agreement under section 156(3) of this Act or of a transport subsidiary’s agreement falling within section 169(3) above, itself carry on those activities notwithstanding that it would not otherwise have power to do so.

Research and development of policiesE+W+S

22(1)Transport for London may do anything which appears to it to be practicable and desirable for the purpose of promoting—E+W+S

(a)research into matters affecting, or arising out of, the exercise of the functions of Transport for London or any of its subsidiaries, and

(b)the exploitation of the results of any research into any such matter (whether or not promoted by Transport for London) and of anything resulting from any idea affecting, or arising out of, the exercise of any of those functions.

(2)In paragraph (1)(b) above “exploitation” means the doing of any work requisite to enable the results or (as the case may be) the thing in question to be turned to account.

(3)Transport for London may exercise the powers under sub-paragraph (1) above by carrying out any research or work for that purpose itself or by arranging for it to be carried out or done by some other person with or without assistance (including financial assistance) from Transport for London.

(4)Nothing in this paragraph authorises Transport for London, either directly or through a subsidiary of Transport for London, to do any work which it would not have power to do apart from this paragraph.

Welfare and efficiency of employeesE+W+S

23(1)Transport for London may do anything it thinks fit for the purpose of advancing—E+W+S

(a)the skill of persons employed by Transport for London or by any subsidiary of Transport for London;

(b)the efficiency of the equipment of Transport for London or of any subsidiary of Transport for London or of the manner in which that equipment is operated;

including providing, or assisting others in providing, facilities for training, education and research.

(2)Transport for London may provide houses, hostels and other similar accommodation for persons employed by Transport for London or by any subsidiary of Transport for London.

Acquisition of undertakings etcE+W+S

24Transport for London may acquire any undertaking or part of an undertaking if the assets comprised in the undertaking or the part of the undertaking are wholly or mainly assets which Transport for London requires for the purposes of discharging any of its functions.

25For the purposes of discharging any of its functions, Transport for London may subscribe for or acquire any securities of a body corporate.

Byelaws for railwaysE+W+S

26(1)Transport for London may make byelaws regulating—E+W+S

(a)the use and working of its railways;

(b)travel on its railways;

(c)the maintenance of order on its railways and railway premises, including stations and the approaches to stations;

(d)the conduct of all persons while on those premises, including officers and employees of Transport for London.

(2)Byelaws made by Transport for London by virtue of sub-paragraph (1) above may include in particular byelaws—

(a)with respect to tickets issued for entry on its railway premises or travel on its railways and the evasion of payment of fares and other charges;

(b)with respect to interference with or obstruction of the working of the railways;

(c)with respect to the smoking of tobacco in railway carriages and elsewhere;

(d)with respect to the prevention of nuisances;

(e)with respect to the receipt and delivery of goods;

(f)for regulating the passage of bicycles and other vehicles on footways and other premises controlled by Transport for London and intended for the use of pedestrians.

(3)Any byelaws made by virtue of sub-paragraph (1) above may provide that any person contravening them shall be liable on summary conviction to a fine for each offence not exceeding level 3 on the standard scale or not exceeding a lesser amount.

(4)Where the contravention of a byelaw made by virtue of sub-paragraph (1) above causes—

(a)danger or annoyance to the public, or

(b)hindrance to Transport for London in the lawful use of its railway,

Transport for London may summarily interfere to obviate or remove the danger, annoyance or hindrance.

(5)Anything done by Transport for London under sub-paragraph (4) above is without prejudice to the taking of summary proceedings under sub-paragraph (3) above.

(6)Subsections (5) to (12) of section 67 of the M29Transport Act 1962 (byelaws for railways etc.) shall apply in relation to byelaws made by Transport for London by virtue of sub-paragraph (1) above as they apply to byelaws made under that section but taking references in those subsections to the Board as references to Transport for London.

(7)For the purposes of this paragraph—

(a)railways, railway premises, officers or employees of a subsidiary of Transport for London shall be deemed to be railways, railway premises, officers or employees of Transport for London, and

(b)footways and other premises controlled by a subsidiary of Transport for London shall be deemed to be footways and other premises controlled by Transport for London.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Marginal Citations

Byelaws for landing placesE+W+S

27(1)Subject to sub-paragraphs (2) and (3) below, Transport for London may make and enforce byelaws for regulating or controlling the use of any landing place which is vested in or operated by it or any of its subsidiaries.E+W+S

(2)Sub-paragraph (1) above does not apply to any landing place for which the Port of London Authority has power to make byelaws under section 161 of the M30Port of London Act 1968 (byelaws for port premises).

(3)No byelaw made by Transport for London under sub-paragraph (1) above shall conflict or interfere with the operation of any byelaw made by the Port of London Authority under section 162(1)(b) or (e) of the M31Port of London Act 1968 (Thames byelaws).

(4)The power conferred by sub-paragraph (1) above includes the power to make and enforce byelaws specifying—

(a)persons or descriptions of persons who, or

(b)vessels or descriptions of vessels which,

may or may not use a landing place.

(5)A person who contravenes a byelaw made under this paragraph shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

(6)For the purposes of this paragraph, “landing place” means any waterside landing place, wharf, pier, jetty, pontoon, causeway, hard, footway or other installation, and includes any associated buildings and approaches to it over and from land.

(7)This paragraph is without prejudice to the provisions of any other enactment.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

MuseumsE+W+S

28(1)Transport for London may provide and maintain a museum of transport artefacts, records and other exhibits and may do anything necessary or expedient for or in connection with the provision or maintenance of the museum.E+W+S

(2)Transport for London may make a charge for admission to a museum maintained by it.

SupplementaryE+W+S

29If Transport for London engages, either directly or through a subsidiary, in any activities authorised by paragraph 11 or 15(2) or (3) above, it shall in carrying on those activities act as if it were a company engaged in a commercial enterprise or (as the case may be) shall exercise its control over that subsidiary so as to ensure that the subsidiary in carrying on those activities acts as a company so engaged.

30Any specific power conferred on Transport for London by or by virtue of any provision of this Act to make any loan or give any guarantee or to subscribe for or acquire any securities shall not affect the power of Transport for London—

(a)to lend money by way of investment or to subscribe for or acquire securities by way of investment; or

(b)to leave outstanding any loan made or guarantee given, or to retain any securities acquired, by London Regional Transport or by any predecessor in title of London Regional Transport.

MiscellaneousE+W+S

31(1)Neither Transport for London nor any subsidiary of Transport for London shall be regarded as a common carrier by rail or inland waterway.E+W+S

(2)No local enactment passed or made with respect to any particular undertaking so far as it imposes on persons carrying on that undertaking—

(a)a duty to connect, or afford facilities for the connection of, any siding to a railway; or

(b)a duty to permit privately owned railway wagons to be used on a railway owned or operated by them; or

(c)a duty (otherwise than to a named person, or to the successor of a named person, or for the benefit of specified lands) to provide or maintain any other railway services or facilities (including the provision of stations, sidings or carriages and of any services, facilities or amenities connected with stations, sidings or carriages);

or so far as it otherwise makes provision corresponding to any of the repealed enactments, shall apply to Transport for London.

(3)The reference in sub-paragraph (2) above to the repealed enactments is a reference to the following enactments, that is to say—

  • section 76 of the M32Railways Clauses Consolidation Act 1845;

  • section 69 of the M33Railways Clauses Consolidation (Scotland) Act 1845;

  • sections 2 and 7 of the M34Railway and Canal Traffic Act 1854;

  • sections 16 and 39 of the M35Railways Act 1921;

  • section 30 of the M36London Passenger Transport Act 1933;

  • section 39 of the M37Road and Rail Traffic Act 1933; and

  • section 22 of the M38Transport Act 1953;

all of which made provision with respect to transport charges and facilities and were repealed by the M39Transport Act 1962.

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Marginal Citations

Other powersE+W+S

32Transport for London may do all other things which in its opinion are necessary or expedient to facilitate the discharge by it of any of its functions, including the securing of the performance of any agreement entered into by it under section 156 of this Act or of any transport subsidiary’s agreement.

33Transport for London may do anything necessary for the purpose of fulfilling a contract which by virtue of section 300 or 415 of this Act has effect as if made by Transport for London, notwithstanding that apart from this paragraph Transport for London would not have power to do that thing.

Sections 165 and 217.

SCHEDULE 12E+W+S Transport for London transfer schemes

InterpretationE+W+S

1In this Schedule—

  • transfer scheme” means—

    (a)

    a scheme under section 165 of this Act; or

    (b)

    a scheme under section 217 of this Act;

  • transferor” means the person from whom property, rights or liabilities are transferred by a transfer scheme;

  • transferee” means a person to whom any such property, rights or liabilities are so transferred.

Contents of transfer schemesE+W+S

2(1)The property, rights and liabilities which may be transferred by a transfer scheme include—E+W+S

(a)property, rights and liabilities which would not otherwise be capable of being transferred or assigned; and

(b)rights and liabilities under enactments.

(2)No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property shall operate or become exercisable as a result of any transfer of land or other property by virtue of a transfer scheme whether or not any consent required to the transfer has been obtained.

(3)No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a transfer scheme.

(4)For purposes connected with any transfers (including transfers of rights and liabilities under an enactment) made by virtue of a transfer scheme, or by virtue of an instrument or agreement made in connection with a transfer scheme, a body or person to which anything is transferred by any such transfer is to be treated as the same person in law as the body or person from which that thing is transferred, except as otherwise provided in the transfer scheme, instrument or agreement.

(5)Sub-paragraph (4) above is without prejudice to section 415 of this Act or any other provision made by or under this Act which makes transitional provision in relation to a transfer.

(6)Sub-paragraphs (2) to (5) above shall have effect in relation to—

(a)the grant or creation of an estate or interest in, or right over, any land or other property, or

(b)the doing of any other thing in relation to land or other property,

as they have effect in relation to a transfer of land or other property.

(7)In this paragraph, “relevant document” means—

(a)any enactment, other than an enactment contained in this Act;

(b)any subordinate legislation made otherwise than under this Act; or

(c)any deed or other instrument.

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Modifications etc. (not altering text)

C5Sch. 12 para. 2(3) excluded (10.7.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 114(4)

Apportionment and divisionE+W+S

3(1)A transfer scheme may make provision for the apportionment or division of any property, rights or liabilities.E+W+S

(2)Where a transfer scheme makes provision for the apportionment or division between two or more persons of any rights or liabilities under a contract, the contract shall have effect, as from the coming into force of the provision, as if it constituted two or more separate contracts separately enforceable by and against each of those persons respectively as respects the part of the rights or liabilities which falls to him as a result of the apportionment or division.

Definition of the property, rights and liabilities transferredE+W+S

4A transfer scheme may define the property, rights and liabilities to be transferred—

(a)by specifying or describing them;

(b)by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor; or

(c)partly in the one way and partly in the other.

Other provision that may be made by a transfer schemeE+W+S

5(1)The provision that may be made by a transfer scheme includes provision—E+W+S

(a)for the creation, in relation to any land or other property which the scheme transfers, of an estate or interest in or right over the property in favour of the transferor;

(b)for the creation, in favour of a transferee, of an estate or interest in or right over any land or other property retained by the transferor or transferred by the scheme to another transferee;

(c)for the creation of rights or liabilities as between two or more transferees or as between one or more transferees and the transferor;

(d)for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more transferees, or by or against one or more transferees and the transferor;

(e)for imposing on the transferor or a transferee an obligation to enter into written agreements with, or execute other instruments in favour of, the transferor, or that or any other transferee, or such other person as may be specified in the scheme.

(2)The provision that may be made by a transfer scheme includes provision for transfers to take effect at such time of day as may be specified in the order.

Power to make supplementary etc provisionE+W+S

6A transfer scheme may make such supplementary, incidental, consequential or transitional provision, or savings, as Transport for London considers appropriate.

Functions under local Acts or Transport and Works Act ordersE+W+S

7(1)A transfer scheme may provide that any functions of the transferor under a relevant statutory provision—E+W+S

(a)shall be transferred to the transferee;

(b)shall be concurrently exercisable by two or more transferees; or

(c)shall be concurrently exercisable by the transferor and one or more transferees.

(2)Sub-paragraph (1) above applies in relation to any function under a relevant statutory provision if and to the extent that the relevant statutory provision—

(a)relates to any property which is to be transferred by the scheme; or

(b)authorises the carrying out of works designed to be used in connection with any such property or the acquisition of land for the purpose of carrying out any such works.

(3)A transfer scheme which makes provision by virtue of this paragraph shall not have effect unless and until it is confirmed by an order made by the Secretary of State.

(4)In this paragraph “relevant statutory provision” means any provision, whether of a general or of a special nature, contained in, or in any document made or issued under—

(a)any local Act; or

(b)any order under the M40Transport and Works Act 1992.

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Commencement Information

I5Sch. 12 para. 7 wholly in force at 3.7.2000: Sch. 12 para. 7 in force at Royal Assent for certain purposes see s. 425(2); Sch. 12 para. 7 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(C), Sch. Pt. 3

Marginal Citations

Effect of transfer schemeE+W+S

8On the date appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.

ContinuityE+W+S

9(1)Nothing in this Act affects the validity of anything done by or in relation to the transferor in connection with anything transferred by a transfer scheme.E+W+S

(2)There may be continued by or in relation to the transferee anything (including legal proceedings) which—

(a)relates to anything transferred by a transfer scheme, and

(b)is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.

(3)Anything which—

(a)was done by the transferor for the purposes of or otherwise in connection with anything transferred by a transfer scheme, and

(b)is in effect immediately before the transfer takes effect,

shall have effect as if done by the transferee.

(4)The transferee shall be substituted for the transferor in any instruments, contracts or legal proceedings which—

(a)relate to anything transferred by a transfer scheme, and

(b)are made or commenced before the transfer takes effect.

(5)Any reference in this paragraph to anything done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to the transferor.

Transfer of employeesE+W+S

10(1)This paragraph applies where a person employed by the transferor becomes an employee of the transferee by virtue of a transfer scheme.E+W+S

(2)Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.

(3)For the purposes of Part XI of the M41Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.

(4)For the purposes of that Act—

(a)the employee’s period of employment with the transferor shall count as a period of employment with the transferee; and

(b)the change of employment shall not break the continuity of the period of employment.

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Marginal Citations

Provision of information to Transport for LondonE+W+S

11(1)Where Transport for London proposes to make a transfer scheme under section 217 of this Act, it may direct any person to whom, or from whom, property is to be transferred under the scheme—E+W+S

(a)to provide Transport for London with such information as Transport for London considers necessary to enable it to make the scheme; and

(b)to do so within such time (being not less than 28 days from the giving of the direction) as may be specified in the direction.

(2)If a person fails to comply with a direction under sub-paragraph (1) above, Transport for London may serve a notice on him requiring him—

(a)to produce to Transport for London, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or

(b)to provide to Transport for London, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.

(3)No person shall be required under this paragraph—

(a)to produce any documents which he could not be compelled to produce in civil proceedings in the court; or

(b)in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings.

(4)A person who without reasonable excuse fails to do anything required of him by a notice under sub-paragraph (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5)A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under sub-paragraph (2) above is guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine.

(6)If a person makes default in complying with a notice under sub-paragraph (2) above, the court may, on the application of Transport for London, make such order as the court thinks fit for requiring the default to be made good.

(7)Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.

(8)In this paragraph—

(a)any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and

(b)the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(9)In this paragraph “the court” means the High Court.

Modification of transfer schemeE+W+S

12(1)If at any time after a transfer scheme has come into force—E+W+S

(a)the transferor,

(b)any transferee affected, and

(c)Transport for London, if not falling within paragraph (a) or (b) above,

so agree in writing, the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the agreement.

(2)Sub-paragraph (1) above does not apply in relation to modifications relating to the transfer of rights and liabilities under a contract of employment, unless the employee concerned is a party to the agreement.

(3)An agreement under sub-paragraph (1) above—

(a)may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme; and

(b)in connection with giving effect to that provision from that time, may contain incidental, supplemental, consequential or transitional provision.

(4)Transport for London may only enter into an agreement under sub-paragraph (1) above with the consent of the Mayor.

(5)The Mayor, in giving his consent under sub-paragraph (4) above to an agreement in respect of a scheme under section 165 of this Act, may make it a condition of the consent that such further modifications to the scheme as he may specify in giving the consent are to be included in the agreement.

(6)No modification may be specified by the Mayor under sub-paragraph (5) above which could not have been included in the agreement apart from that sub-paragraph.

Section 167.

SCHEDULE 13E+W+S Promotion of Bills in Parliament by Transport for London

Preliminary requirementsE+W+S

1No Bill may be deposited in Parliament by virtue of section 167(1)(a) of this Act until the requirements of paragraph 2 below have been complied with.

Consultation on draft BillE+W+S

2(1)Transport for London shall—E+W+S

(a)prepare a draft of the proposed Bill (“the draft Bill”);

(b)send copies of the draft Bill to the bodies and persons specified in sub-paragraph (2) below; and

(c)consult those bodies and persons about the draft Bill.

(2)Those bodies and persons are—

(a)the Mayor;

(b)the Assembly;

(c)every London borough council; and

(d)the Common Council.

(3)Where Transport for London sends copies of the draft Bill to those bodies and persons pursuant to sub-paragraph (1)(b) above, it shall also give those bodies and persons notice of the time within which, and the place at which, they may make representations about the draft Bill.

Publicity for, and exposure of, the draft BillE+W+S

3(1)Throughout the consultation period, Transport for London shall take such steps as in its opinion will give adequate publicity to the draft Bill.E+W+S

(2)A copy of the draft Bill shall be kept available by Transport for London for inspection by any person on request free of charge—

(a)at the principal offices of Transport for London, and

(b)at such other places as Transport for London considers appropriate,

at reasonable hours throughout the consultation period.

(3)A copy of the draft Bill, or of any part of the draft Bill, shall be supplied to any person on request during the consultation period for such reasonable fee as Transport for London may determine.

(4)In this paragraph “the consultation period” means the period which—

(a)begins with the first day after the requirements of paragraph 2(1)(b) above have been complied with; and

(b)ends with the time notified pursuant to paragraph 2(3) above.

Deposition of the Bill in ParliamentE+W+S

4(1)If, after the requirements of paragraph 2 above have been complied with, a Bill is deposited in Parliament by virtue of section 167(1)(a) of this Act, that Bill must be in the form of the draft Bill, either as originally prepared or as modified to take account of—E+W+S

(a)representations made pursuant to paragraph 2 above;

(b)other representations made within the consultation period; or

(c)other material considerations.

(2)In this paragraph “the consultation period” has the same meaning as in paragraph 3 above.

Bills affecting statutory functions of London local authoritiesE+W+S

5(1)If a Bill proposed to be deposited in Parliament by virtue of section 167(1)(a) of this Act contains provisions affecting the exercise of statutory functions by a London local authority, the Bill shall not be deposited in Parliament unless—E+W+S

(a)in a case where the exercise of statutory functions of one London local authority is affected, that authority has given its written consent to the Bill in the form in which it is to be so deposited; or

(b)in a case where the exercise of statutory functions of two or more London local authorities is affected, at least 90 per cent. of all London local authorities have given their written consent to the Bill in that form.

(2)In this paragraph “London local authority” means—

(a)a London borough council; or

(b)the Common Council.

Publicity for the deposited BillE+W+S

6(1)This paragraph applies where a Bill (“the deposited Bill”) is deposited in Parliament by virtue of section 167(1)(a) of this Act.E+W+S

(2)During the period of 14 days following the day on which the deposited Bill is deposited in Parliament, Transport for London shall take such steps as in its opinion will give adequate publicity to the Bill.

(3)A copy of the deposited Bill shall be kept available by Transport for London for inspection by any person on request free of charge—

(a)at the principal offices of Transport for London, and

(b)at such other places as Transport for London considers appropriate,

at reasonable hours throughout the period while the Bill is in Parliament.

(4)A copy of the deposited Bill, or of any part of the deposited Bill, shall be supplied to any person on request during that period for such reasonable fee as Transport for London may determine.

Section 220.

SCHEDULE 14E+W+S+N.I. PPP administration orders

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Modifications etc. (not altering text)

Part IE+W+S+N.I. Modifications of the 1986 Act

General application of provisions of 1986 ActE+W+S

1Where a PPP administration order has been made, sections 11 to 23 and 27 of the 1986 Act (which relate to administration orders under Part II of that Act) shall apply, with the modifications specified in the following provisions of this Part of this Schedule—

(a)as if references in those sections to an administration order were references to a PPP administration order and references to an administrator were references to a special PPP administrator; and

(b)where the company in relation to which the order has been made is a PPP company which is an unregistered company, as if references in those sections to a company included references to such a company.

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Commencement Information

I6Sch. 14 para. 1 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Effect of orderE+W+S

2In section 11 of the 1986 Act (effect of order), as applied by this Part of this Schedule, the requirement in subsection (1)(a) that any petition for the winding up of the company shall be dismissed shall be without prejudice to the PPP administration order in a case where the order is made by virtue of section 222 of this Act.

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Commencement Information

I7Sch. 14 para. 2 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Appointment of special PPP administratorE+W+S+N.I.

3In section 13 of the 1986 Act (appointment of administrator), as applied by this Part of this Schedule, for subsection (3) there shall be substituted the following subsection—

(3)An application for an order under subsection (2) may be made—

(a)by the Mayor of London;

(b)by any continuing special PPP administrator of the company or, where there is no such special PPP administrator, by the company, the directors or any creditor or creditors of the company.

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Commencement Information

I8Sch. 14 para. 3 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

General powers of special PPP administratorE+W+S

4In section 14 of the 1986 Act (general powers of administrator), as applied by this Part of this Schedule,—

(a)in subsection (1)(b), the reference to the powers specified in Schedule 1 to that Act shall be taken to include a reference to a power to act on behalf of the company for the purposes of Chapter VII of Part IV of this Act or any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and

(b)in subsection (4), the reference to a power conferred by the company’s memorandum or articles of association—

(i)shall be taken to include a reference to any power conferred by any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and

(ii)in the case of a company which is an unregistered company, shall be taken also to include a reference to any power conferred by the company’s constitution.

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Commencement Information

I9Sch. 14 para. 4 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Power to deal with charged propertyE+W+S+N.I.

5(1)Section 15 of the 1986 Act (power to deal with charged property), as applied by this Part of this Schedule, shall have effect as follows.E+W+S+N.I.

(2)In subsection (5)(b) (amount to be paid to chargeholder not to be less than open market value), for the words “in the open market by a willing vendor” there shall be substituted the words “ for the best price which is reasonably available on a sale which is consistent with the purposes of the PPP administration order ”.

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Commencement Information

I10Sch. 14 para. 5 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Duties of special PPP administratorE+W+S+N.I.

6(1)Section 17 of the 1986 Act (duties of administrator), as applied by this Part of this Schedule, shall have effect in accordance with the following provisions of this paragraph.E+W+S+N.I.

(2)For subsection (2) there shall be substituted the following subsection—

(2)Subject to any directions of the court, it shall be the duty of the special PPP administrator to manage the affairs, business and property of the company in accordance with proposals, as for the time being revised under section 23, which have been prepared for the purposes of that section by him or any predecessor of his.

(3)In subsection (3), paragraph (a) (right of creditors to require the holding of a creditors’ meeting) shall be omitted.

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Commencement Information

I11Sch. 14 para. 6 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Discharge of orderE+W+S+N.I.

7(1)Section 18 of the 1986 Act (discharge and variation of administration order), as applied by this Part of this Schedule, shall have effect as follows.E+W+S+N.I.

(2)For subsections (1) and (2) there shall be substituted the following subsection—

(1)An application for a PPP administration order to be discharged may be made—

(a)by the special PPP administrator, on the ground that the purposes of the order have been achieved; or

(b)by the Mayor of London, on the ground that it is no longer necessary that the purposes of the order are achieved.

(3)In subsection (3), the words “or vary” shall be omitted.

(4)In subsection (4), the words “or varied” and “or variation” shall be omitted and for the words “to the registrar of companies” there shall be substituted—

(a)except where the company is an unregistered company which is not subject to a requirement imposed under or by virtue of section 691(1) or 718 of the M42Companies Act 1985 to deliver any documents to the registrar of companies, the words “to the Mayor of London and the registrar of companies”; and

(b)where the company is an unregistered company which is not subject to such a requirement as is mentioned in paragraph (a) above, the words “to the Mayor of London”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 14 para. 7 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

Notice of making of orderE+W+S+N.I.

8In section 21(2) of the 1986 Act (notice of order to be given by administrator), as applied by this Part of this Schedule, for the words “to the registrar of companies” there shall be substituted—

(a)except where the company is an unregistered company which is not subject to a requirement imposed under or by virtue of section 691(1) or 718 of the M43Companies Act 1985 to deliver any documents to the registrar of companies, the words “to the Mayor of London and the registrar of companies”; and

(b)where the company is an unregistered company which is not subject to such a requirement as is mentioned in paragraph (a) above, the words “to the Mayor of London”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13Sch. 14 para. 8 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

Statement of proposalsE+W+S+N.I.

9In section 23 of the 1986 Act (statement of proposals), as applied by this Part of this Schedule, for subsections (1) and (2) there shall be substituted the following subsections—

(1)Where a PPP administration order has been made, the special PPP administrator shall, within 3 months (or such longer period as the court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order—

(a)to the Mayor of London;

(b)so far as he is aware of their addresses, to all creditors of the company; and

(c)except where the company is an unregistered company which is not subject to a requirement imposed under or by virtue of section 691(1) or 718 of the M44Companies Act 1985 to deliver any documents to the registrar of companies, to the registrar of companies;

and may from time to time revise those proposals.

(2)If at any time—

(a)the special PPP administrator proposes to make revisions of the proposals for achieving the purposes of the PPP administration order, and

(b)those revisions appear to him to be substantial,

the special PPP administrator shall, before making those revisions, send a statement of the proposed revisions to the persons specified in subsection (2A).

(2A)The persons mentioned in subsection (2) are—

(a)the Mayor of London;

(b)all creditors of the company, so far as the special PPP administrator is aware of their addresses; and

(c)except where the company is an unregistered company which is not subject to a requirement imposed under or by virtue of section 691(1) or 718 of the M45Companies Act 1985 to deliver any documents to the registrar of companies, the registrar of companies.

(2B)Where the special PPP administrator is required by subsection (1) or (2) to send any person a statement before the end of any period or before making any revision of any proposals, he shall also, before the end of that period or, as the case may be, before making those revisions either—

(a)send a copy of the statement (so far as he is aware of their addresses) to all members of the company; or

(b)publish in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I14Sch. 14 para. 9 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

Applications to courtE+W+S+N.I.

10(1)Section 27 of the 1986 Act (protection of interests of creditors and members), as applied by this Part of this Schedule, shall have effect as follows.E+W+S+N.I.

(2)After subsection (1) there shall be inserted the following subsections—

(1A)At any time when a PPP administration order is in force the Mayor of London may apply to the High Court by petition for an order under this section on the ground specified in subsection (1B).

(1B)The ground mentioned in subsection (1A) is that the special PPP administrator has exercised or is exercising, or proposing to exercise, his powers in relation to the company in a manner which will not best ensure the achievement of the purposes of the order.

(1C)Where an application is made under subsection (1) in respect of a company in relation to which a PPP administration order is in force—

(a)notice of the application shall be given to the Mayor of London; and

(b)he shall be entitled to be heard by the court in connection with that application.

(3)Subsection (3) (order not to prejudice or prevent voluntary arrangements or administrator’s proposals) shall be omitted.

(4)In subsection (4) (provision that may be made in an order), the words “Subject as above” shall be omitted and for paragraph (d) there shall be substituted—

(d)without prejudice to the powers exercisable by the court in making a PPP administration order—

(i)provide that the PPP administration order is to be discharged as from such date as may be specified in the order unless, before that date, such measures are taken as the court thinks fit for the purpose of protecting the interests of creditors; and

(ii)make such consequential provision as the court thinks fit.