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Greater London Authority Act 1999

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Part IE+W+S The Greater London Authority

The AuthorityE+W+S

1 The Authority.E+W+S

(1)There shall be an authority for Greater London, to be known as the Greater London Authority.

(2)The Authority shall be a body corporate.

(3)The Authority shall have the functions which are transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act.

MembershipE+W+S

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

(1)The Authority shall consist of—

(a)the Mayor of London; and

(b)an Assembly for London, to be known as the London Assembly.

(2)The Assembly shall consist of twenty five members, of whom—

(a)fourteen shall be members for Assembly constituencies (constituency members); and

(b)eleven shall be members for the whole of Greater London (London members).

(3)There shall be one constituency member for each Assembly constituency.

(4)The Assembly constituencies shall be the areas, and shall be known by the names, specified in an order made by [F1statutory instrument by [F2the Local Government Boundary Commission for England]].

(5)Schedule 1 to this Act (which makes further provision about Assembly constituencies and orders under subsection (4) above) shall have effect.

(6)The Mayor and the Assembly members shall be returned in accordance with the provision made in or by virtue of this Act for—

(a)the holding of ordinary elections of the Mayor, the constituency members and the London members; and

(b)the filling of vacancies in the office of Mayor or among the constituency members or the London members.

(7)An ordinary election involves the holding of—

(a)an election for the return of the Mayor;

(b)an election for the return of the London members; and

(c)elections for the return of the constituency members.

(8)The term of office of the Mayor and Assembly members returned at an ordinary election shall—

(a)begin on the second day after the day on which the last of the successful candidates at the ordinary election is declared to be returned; and

(b)end on the second day after the day on which the last of the successful candidates at the next ordinary election is declared to be returned;

but this subsection is subject to the other provisions of this Act and, in particular, to any provision made by order by virtue of subsection (4) of section 3 below.

(9)If at any ordinary election the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the day on which the last of the successful candidates at the ordinary election is declared to be returned shall be determined for the purposes of subsection (8) above without regard to the return of the Assembly member for that Assembly constituency.

(10)The validity of proceedings of the Assembly is not affected by any vacancy in its membership.

(11)The validity of anything done by the Authority is not affected by any vacancy in the office of Mayor or any vacancy in the membership of the Assembly.

Textual Amendments

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

Modifications etc. (not altering text)

C2S. 2(4): power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwise 30.10.2001) by 2000 c. 41, s. 18(3)(c), 163(3) (with s. 156(6)); S.I. 2001/3526, art. 2(c)

S. 2(4): functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(2)(c)

Commencement Information

I1S. 2 wholly in force at 14.12.1999: by virtue of s. 425(2) this Act is in force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 2 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Ordinary electionsE+W+S

3 Time of ordinary elections.E+W+S

(1)The poll at the first ordinary election shall be held on 4th May 2000 or such later date as the Secretary of State may by order provide.

(2)The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.

(3)Subsection (2) above is subject to any order made by virtue of section 37(2) [F3or 37A] of the Representation of the M1People Act 1983 (power by order to fix a day other than the first Thursday in May).

(4)As respects the first ordinary election, the Secretary of State may by order make provision—

(a)modifying section 2(8) above in relation to the Mayor and Assembly members returned at that election;

(b)for the returning officer at the election of the Mayor and the election of the London members to be a person, or a person of a description, designated in the order (instead of the person specified in section 35(2C) of the Representation of the M2People Act 1983);

(c)for and in connection with modifying the entitlement to vote or the registration of electors, or with respect to the registers (or parts of registers) of electors to be used;

(d)for or in connection with enabling electors to vote in the poll at such polling stations or other places as may be prescribed, at such times as may be prescribed, on such one or more days preceding the date specified in or provided under subsection (1) above for the poll as may be specified in the order.

(5)The provision that may be made by an order under paragraph (d) of subsection (4) above includes provision for such enactments or statutory instruments as may be specified in the order to have effect with such modifications as may be so specified.

(6)In this section prescribed means specified in, or determined in accordance with, an order under this section.

Textual Amendments

Commencement Information

I2S. 3 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act is in force at Royal Assent in regard to the powers of a Minister of the Crown to make regulations or an order; s. 3 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Marginal Citations

4 Voting at ordinary elections.E+W+S

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

(a)one vote (referred to in this Part as a mayoral vote) which may be given for a candidate to be the Mayor;

(b)one vote (referred to in this Part as a constituency vote) which may be given for a candidate to be the Assembly member for the Assembly constituency; and

(c)one vote (referred to in this Part as a London vote) which may be given in accordance with subsection (5) below.

(2)The Mayor shall be returned under the simple majority system, unless there are three or more candidates.

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

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

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

(4)The Assembly member for an Assembly constituency shall be returned under the simple majority system.

(5)A London vote may be given for—

(a)a registered political party which has submitted a list of candidates to be London members; or

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

(6)The London members shall be returned in accordance with Part II of Schedule 2 to this Act.

(7)The persons who are to be returned as—

(a)the Mayor, and

(b)the constituency members,

must be determined before it is determined who are to be returned as the London members.

(8)But if the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the persons who are to be returned as the London members shall be determined without regard to the determination of the Assembly member for that Assembly constituency.

(9)At an ordinary election, a person may not be a candidate to be the Assembly member for more than one Assembly constituency.

(10)If the person who is returned as the Mayor is also returned as an Assembly member for an Assembly constituency, a vacancy shall arise in the Assembly constituency.

(11)In this Part registered political party means [F4a party registered under Part II of the Political Parties, Elections and Referendums Act 2000].

Textual Amendments

F4Words in s. 4(11) substituted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 15 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Modifications etc. (not altering text)

C3S. 4(5)(a) applied (14.12.1999) by 1983 c. 2, s. 203(1B) (as inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 paras. 1, 39(5) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2)

Vacancies in the AssemblyE+W+S

5 Resignation.E+W+S

(1)An Assembly member may at any time resign his membership of the Assembly by giving notice to the proper officer of the Authority.

(2)Any such resignation shall take effect on the officer’s receipt of the notice.

6 Failure to attend meetings.E+W+S

(1)If an Assembly member fails, throughout a period of six consecutive months from his last attendance, to attend any meeting of the Assembly, he shall cease to be a member of the Assembly.

(2)A person shall not cease to be a member by virtue of subsection (1) above if the failure to attend is due to some reason approved by the Assembly before the expiry of that period.

(3)For the purposes of this section, an Assembly member shall be deemed to have attended a meeting of the Assembly on any occasion on which he attended—

(a)as a member at a meeting of any committee or sub-committee of the Assembly; or

(b)as a representative of the Assembly or the Authority at a meeting of any body of persons.

(4)A person shall not cease to be a member of the Assembly by reason only of a failure to attend meetings of the Assembly if—

(a)he is a member of any branch of Her Majesty’s naval, military or air forces and is at the time employed during war or any emergency on any naval, military or air force service, or

(b)he is a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence,

and the failure to attend is due to that employment.

[F5(5)Any period during which an Assembly member is suspended or partially suspended under section 66, F6[F7... 73, 78 F6... ] or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1).]

Textual Amendments

F5S. 6(5) inserted (E.W.) (19.12.2000 for E. and 19.12.2000 for W.(in relation to police authorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 31; S.I. 2000/3335, art. 2

F6Words in s. 6(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Modifications etc. (not altering text)

C4S. 6(3)(a) applied (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(7), 240(2); S.I. 2012/1463, art. 2(f)

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

Where an Assembly member—

(a)ceases to be qualified to be a member of the Assembly, or

(b)becomes disqualified from being a member otherwise than—

F8(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(ia)under section 34 of the Localism Act 2011,]

(ii)by virtue of a conviction, or

(iii)by virtue of a breach of any provision of Part II of the Representation of the M3People Act 1983, or

(c)ceases to be a member of the Assembly by reason of failure to attend meetings of the Assembly,

the proper officer of the Authority shall forthwith declare the member’s office to be vacant, unless it has been declared vacant by the High Court.

Textual Amendments

F9S. 7(b)(ia) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(13), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

Marginal Citations

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

If the person who is returned at an election under section 16 below to fill a vacancy in the office of Mayor is an Assembly member, a vacancy shall arise—

(a)if he is a member for an Assembly constituency, in that Assembly constituency; or

(b)if he is a London member, in his office as a London member.

9 Date of casual vacancies.E+W+S

(1)For the purpose of filling a casual vacancy in the membership of the Assembly, the date on which a vacancy is to be regarded as occurring shall be—

(a)in the case of any person being returned—

(i)at an ordinary election, as the Mayor and also as the Assembly member for an Assembly constituency, or

(ii)at an election under section 16 below to fill a vacancy in the office of Mayor when he is an Assembly member,

on the date on which he is returned as the Mayor or, as the case may be, to fill the vacancy in that office;

(b)in the case of any person being returned as mentioned in section 16(10) below, on the date on which he is returned to fill the vacancy in the Assembly constituency;

(c)in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

(d)in the case of resignation, upon the receipt of the notice of resignation by the proper officer of the Authority;

(e)in the case of death, on the date of death;

(f)in the case of disqualification under F10... [F11section 34 of the Localism Act 2011] or by virtue of a conviction—

(i)on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant order or decision under F12... [F13that section] or (as the case may be) that conviction, or

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

(g)in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

(h)in the case of a person—

(i)ceasing to be qualified to be an Assembly member, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (g) above, or

(ii)ceasing to be an Assembly member by reason of failure to attend meetings,

on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority as the case may be.

(2)The proper officer of the Authority shall—

(a)give written notice of any casual vacancy among the London members to the Greater London returning officer; and

(b)give public notice of any casual vacancy among the constituency members.

(3)Any public notice under subsection (2)(b) above shall be given—

(a)by posting the notice in some conspicuous place or places in the Assembly constituency concerned; and

(b)in such other manner, if any, as the officer considers desirable for giving publicity to the notice.

(4)Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded under subsection (1) above as occurring.

Textual Amendments

F11Words in s. 9(1)(f) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(14)(a), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F13Words in s. 9(1)(f) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(14)(b), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

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

(1)This section applies where the office of an Assembly member returned for an Assembly constituency is vacant.

(2)Subject to subsection (8) below, an election shall be held in the Assembly constituency to fill the vacancy.

(3)At the election to fill the vacancy—

(a)each person entitled to vote at the election shall have a constituency vote; and

(b)the Assembly member for the Assembly constituency shall be returned under the simple majority system.

(4)The date of the poll at the election shall be fixed by the constituency returning officer in accordance with subsection (5) below.

(5)The date fixed shall be no later than 35 days after the date of the relevant event.

(6)In subsection (5) above, the relevant event means—

(a)in a case where the High Court or the proper officer of the Authority has declared the office to be vacant, the making of that declaration; or

(b)in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for the Assembly constituency concerned.

(7)Section 243(4) of the M4Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (5) above as it applies for the purposes of section 89(1) of that Act.

(8)If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election unless subsection (9) below applies.

(9)This subsection applies if, on the occurrence of the vacancy (or, in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the Assembly exceeds one-third of the whole number of Assembly members.

(10)A person may not be a candidate at an election to fill a vacancy if he is—

(a)the Mayor;

(b)an Assembly member; or

(c)a candidate in another such election.

(11)The term of office of the person returned at the election—

(a)shall begin immediately upon his being declared to be returned as the constituency member; and

(b)shall end at the time when it would have ended had he been returned as the constituency member at the previous ordinary election.

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

(1)This section applies where the office of a London member is vacant.

(2)If the London member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the vacancy shall remain unfilled until the next ordinary election.

(3)If the London member was returned (under Part II of Schedule 2 to this Act or this section) from a registered political party’s list, the Greater London returning officer shall notify the Chair of the Assembly of the name of the person who is to fill the vacancy.

(4)The person who is to fill the vacancy must be one who—

(a)is included in that list;

(b)is willing to serve as a London member; and

(c)is not a person to whom subsection (5) below applies.

(5)This subsection applies to a person if—

(a)he is not a member of the party; and

(b)the party gives notice to the Greater London returning officer that his name is not to be notified under subsection (3) above as the name of the person who is to fill the vacancy.

(6)Where more than one person satisfies the conditions in subsection (4) above, the Greater London returning officer shall notify the name of whichever of them is higher, or highest, in the list.

(7)Where a person’s name has been notified under subsection (3) above, his term of office as a London member—

(a)shall begin on the day on which the notification is received under that subsection, and

(b)shall end at the time when it would have ended had he been returned as a London member at the previous ordinary election,

and this Act shall apply as if the person had been declared to be returned as a London member on the day on which the notification under subsection (3) above is so received.

Modifications etc. (not altering text)

C6S. 11(3) restricted by S.I. 2002/427, Sch. 9 rule 58(3) (as substituted (1.3.2004) by The Greater London Authority Elections (Amendment) Rules 2004 (S.I. 2004/227), rules 1(1), 2(8), Sch. 5)

Vacancy in the office of MayorE+W+S

12 Resignation.E+W+S

(1)The Mayor may at any time resign his office by giving notice to the proper officer of the Authority.

(2)Any such resignation shall take effect on the officer’s receipt of the notice.

13.— Failure to attend meetings.E+W+S

[F14(1)]If the Mayor fails on six consecutive occasions to attend meetings of the Assembly held pursuant to section 52(3) below, he shall cease to be the Mayor.

[F15(2)Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, F16[F17... 73, 78 F16... ] or 79 of the Local Government Act 2000 shall be disregarded for the purposes of subsection (1) above.]

Textual Amendments

F14S. 13 renumbered as s. 13(1) (19.12.2000 for E. 19.12.2000 for W.(in relation to police anthorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 32; S.I. 2000/3335, art. 2

F15S. 13(2) inserted (E.W.) (19.12.2000 for E. and 19.12.2000 for W.(in relation to police authorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 32; S.I. 2000/3335, art. 2

F16Words in s. 13(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

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

Where the Mayor—

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

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

F18(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(ia)under section 34 of the Localism Act 2011,]

(ii)by virtue of a conviction, or

(iii)by virtue of a breach of any provision of Part II of the Representation of the M5People Act 1983, or

(c)ceases to be the Mayor by reason of failure to attend meetings of the Assembly,

the proper officer of the Authority shall forthwith declare his office to be vacant, unless it has been declared vacant by the High Court.

Textual Amendments

F19S. 14(b)(ia) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(13), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

Marginal Citations

15 Date of casual vacancy.E+W+S

(1)Subsection (1) of section 9 above shall apply for the purpose of filling a casual vacancy in the office of Mayor as it applies for the purpose of filling a casual vacancy in the membership of the Assembly, but with the omission of paragraphs (a) and (b) and the substitution for paragraph (h) of—

(h)in the case of a person—

(i)ceasing to be qualified to be the Mayor, or becoming disqualified, for any reason other than one mentioned in paragraphs (c) to (g) above, or

(ii)ceasing to be the Mayor by reason of failure to attend meetings of the Assembly,

on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority, as the case may be.

(2)If a casual vacancy arises in the office of Mayor, the proper officer of the Authority shall give—

(a)notice of the vacancy to the Greater London returning officer; and

(b)public notice of the vacancy in every Assembly constituency.

(3)Any public notice under subsection (2)(b) above shall be given—

(a)by posting the notice in some conspicuous place or places in each Assembly constituency; and

(b)in such other manner, if any, as the officer considers desirable for giving publicity to the notice.

(4)Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of subsection (1) above as occurring.

16 Filling a vacancy.E+W+S

(1)This section applies where a vacancy occurs in the office of the Mayor.

(2)Subject to subsection (9) below, an election shall be held to fill the vacancy.

(3)At the election, each person entitled to vote as an elector at the election shall have a mayoral vote.

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

(5)The date of the poll at the election shall be fixed by the Greater London returning officer in accordance with subsection (6) below.

(6)The date fixed shall be no later than 35 days after the date of the relevant event.

(7)In subsection (6) above, the relevant event means—

(a)in a case where the High Court or the proper officer of the Authority have declared the office to be vacant, the making of that declaration; or

(b)in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for Greater London.

(8)Section 243(4) of the M6Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (6) above as it applies for the purposes of section 89(1) of that Act.

(9)If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election.

(10)If—

(a)a person who is a candidate in an election to fill a vacancy in the office of Mayor is also a candidate in an election to fill a vacancy in an Assembly constituency, and

(b)that person is returned in both elections, but

(c)the circumstances are such that a vacancy does not arise in the Assembly constituency by virtue of section 8 above,

a vacancy shall arise in the Assembly constituency.

(11)The term of office of the person returned as the Mayor at the election—

(a)shall begin immediately upon his being declared to be returned as the Mayor; and

(b)shall end at the time when it would have ended had he been returned as the Mayor at the previous ordinary election.

Franchise, conduct of elections etcE+W+S

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

Schedule 3 to this Act (which, by amending the Representation of the People Acts, makes provision for and in connection with treating elections under this Act as local government elections for the purposes of those Acts) shall have effect.

[F2017A Free delivery of election addresses.E+W+S

(1)Each candidate at the first election of the Mayor shall be entitled (subject to and in accordance with the provisions of Schedule 3A to this Act) to have an election address prepared on behalf of the candidate included in a booklet of election addresses—

(a)prepared by the Greater London returning officer; and

(b)sent by that officer, by post, to each elector in Greater London.

(2)In subsection (1) above elector, in relation to the election mentioned in that subsection—

(a)means a person who is registered in the register of local government electors for an electoral area in Greater London on the last day for publication of notice of the election; and

(b)includes a person then shown in any such register [F21(or, in the case of a person who has an anonymous entry in any such register, in the record of anonymous entries for that electoral area)] as below voting age if (but only if) it appears from the register [F22(or from the record)] that he will be of voting age on the day fixed for the poll.

[F23(2A)In subsection (2)(b), “anonymous entry” and “record of anonymous entries” have the meaning given in section 202(1) of the Representation of the People Act 1983.]

(3)The Secretary of State [F24or the [F25Minister for the Cabinet Office]] may by order make such provision as he considers appropriate for and in connection with enabling candidates—

(a)at ordinary elections other than the first such election, or

(b)at elections to fill vacancies in the office of Mayor or Assembly member,

to have their election addresses (within the meaning of the order) delivered, at the Authority’s expense, by [F26a universal service provider (within the meaning of the [F27Part 3 of the Postal Services Act 2011])] or by any other means specified in the order.

(4)Without prejudice to the generality of subsection (3) above, an order under that subsection may make provision—

(a)for free delivery of election addresses to be available under the order only in the case of any specified description of election falling within paragraph (a) or (b) of that subsection or within section 2(7) above;

(b)for enabling the Authority to determine the descriptions of elections (if any) in the case of which free delivery of election addresses is to be so available;

(c)for regulating in any respect the form and manner in which free delivery of election addresses is to be so available;

(d)for restricting the number of separate mailings in respect of the free delivery of election addresses, whether—

(i)by limiting the number of separate election addresses by reference to any specified circumstances, or

(ii)by requiring the preparation of a single document incorporating all the election addresses to be delivered on behalf of candidates at a particular election,

or otherwise;

(e)for imposing conditions which must be satisfied by any candidate or candidates seeking to avail themselves of free delivery of election addresses under the order;

(f)for authorising election addresses falling to be delivered under the order to be disseminated by such means (other than those by which they are to be so delivered) as may be specified;

(g)for securing that civil or criminal liability in respect of material contained in any election address falling to be delivered under the order (including any such liability arising in connection with any dissemination of the material in pursuance of paragraph (f) above) is incurred only by the candidate on behalf of whom it falls to be so delivered or his election agent.

(5)In subsection (4) above—

  • free delivery of election addresses means the delivery of election addresses, in accordance with an order under subsection (3) above, at the Authority’s expense;

  • specified means specified in an order under subsection (3) above.

(6)Before making an order under subsection (3) above the Secretary of State [F28or the [F29Minister for the Cabinet Office]] shall consult—

(a)the Mayor and the London Assembly; and

(b)such other persons and bodies as he may determine to be appropriate.

(7)Schedule 3A to this Act (which makes provision supplementing subsection (1) above) shall have effect.]

Textual Amendments

F20S. 17A inserted (9.3.2000) by 2000 c. 2, s. 14(1)(2)

F26Words in s. 17A(3) substituted (26.3.2001) by S.I. 2001/648, art. 4(1), Sch. 1 para. 14

Modifications etc. (not altering text)

C8S. 17A functions made exercisable concurrently (18.8.2010) by The Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

C11S. 17A(3) amended (16.2.2001) by 2000 c. 41, s. 7(2)(i); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

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

(1)A returning officer shall be entitled to recover expenditure properly incurred by him in relation to the holding of the first ordinary election if the expenditure—

(a)is of a kind determined by the Secretary of State; and

(b)is reasonable.

(2)The Secretary of State may determine a maximum recoverable amount for expenditure of such description as he may determine; and the returning officer may not recover more than that amount in respect of any such expenditure.

(3)The amount of any expenditure recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Secretary of State; but the Secretary of State must, before payment, satisfy himself that the expenditure in the account is properly payable.

(4)A returning officer must furnish the Secretary of State with such information or documents relating to an account submitted under subsection (3) above as the Secretary of State may require.

(5)The Secretary of State must prepare an account of any sums which are issued to him out of the Consolidated Fund by virtue of this section and of his use of those sums.

(6)The account required to be prepared under subsection (5) above must be audited by such body or person as the Treasury may determine.

(7)Any exercise by the Secretary of State of his functions under subsections (1) and (2) above shall require the consent of the Treasury.

(8)This section has effect in relation to the first ordinary election instead of section 36(4B) of the Representation of the M7People Act 1983.

Marginal Citations

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

(1)The Secretary of State may incur expenditure in doing anything which he considers expedient—

(a)in preparation for the holding of the first ordinary election,

(b)for the purpose of facilitating the conduct of the first ordinary election, or

(c)otherwise in connection with the holding of the first ordinary election.

(2)The Secretary of State must not, by virtue of subsection (1) above, incur expenditure of a kind which is recoverable by a returning officer under section 18 above.

Qualifications and disqualificationsE+W+S

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

(1)Subject to any disqualification by virtue of this Act or any other enactment, a person is qualified to be elected and to be the Mayor or an Assembly member if he satisfies the requirements of subsections (2) to (4) below.

(2)The person must be—

(a)a [F30 qualifying ] Commonwealth citizen;

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

(c)a relevant citizen of the Union.

(3)On the relevant day, the person must have attained the age of [F31 18 ] years.

(4)The person must satisfy at least one of the following conditions—

(a)on the relevant day he is, and from that day continues to be, a local government elector for Greater London;

(b)he has, during the whole of the twelve months preceding that day, occupied as owner or tenant any land or other premises in Greater London;

(c)his principal or only place of work during that twelve months has been in Greater London;

(d)he has during the whole of that twelve months resided in Greater London.

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

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

(7)In the application of this section by virtue of subsection (5) above, any reference to the day on which a person is nominated as a candidate shall be taken as a reference to the day on which notification of the person’s name is given under section 11(3) above by the Greater London returning officer.

[F32(7A)For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

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

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

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

(8)In this section—

  • citizen of the Union shall be construed in accordance with [F33Article 20(1) of the Treaty on the Functioning of the European Union];

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

    (a)

    a [F34 qualifying ] Commonwealth citizen; or

    (b)

    a citizen of the Republic of Ireland;

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

    (a)

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

    (b)

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

Textual Amendments

F31Word in s. 20(3) substituted (1.1.2007 for E.W.S., 7.2.2007 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 17(5), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(d) (with Sch. 2 para. 1); S.I. 2007/230, art. 2

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

(1)A person is disqualified from being elected or being the Mayor or an Assembly member if—

(a)he is a member of staff of the Authority;

(b)he holds any of the offices or appointments for the time being designated by the Secretary of State in an order as offices or appointments disqualifying persons from being the Mayor or an Assembly member;

[F35(c)he is the subject of a bankruptcy restrictions order [F36or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986];]

(d)he has within five years before the day of the election, or since his election, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(e)he is disqualified under—

(i)section 85A or Part III of the Representation of the M8People Act 1983, F37...

F37(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

from being elected or being the Mayor or an Assembly member.

[F38(1A)Subsection (1)(a) does not prevent a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire, from being elected as or being an Assembly member.]

(2)A paid officer of a London borough council who is employed under the direction of—

(a)any of that council’s committees or sub-committees the membership of which includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or

(b)a joint committee the membership of which includes one or more members appointed on the nomination of that council and one or more members appointed on the nomination of the Authority acting by the Mayor,

[F39(c)the executive or any committee of the executive of that council, where that council are operating executive arrangements and the membership of that executive includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or

(d)a member of the executive of that council, where that council are operating executive arrangements and that member is also the Mayor or a person appointed on the nomination of the Authority acting by the Mayor,]

shall be disqualified from being elected or being the Mayor or an Assembly member.

[F40(2A)In this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.]

F41(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

shall be deemed to be the date of the conviction.

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

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

Textual Amendments

F37S. 21(1)(e)(ii) and preceding word omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 41; S.I. 2015/841, art. 3(x)

F38S. 21(1A) inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 2; S.I. 2018/227, art. 2(b)(i)

F39S. 21(2)(c)(d) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 35(a)

F40S. 21(2A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 35(b)

Commencement Information

I3S. 21 wholly in force at 14.12.1999: by virtue of s. 425(2) this Act comes into force at Royal Assent in regards to any powers of a Minister of the Crown to make regulations or an order; s. 21 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Marginal Citations

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

The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

23 Proceedings for disqualification.E+W+S

Section 92 of the M9Local Government Act 1972 (proceedings for disqualification) shall apply in relation to the Authority as it applies in relation to a local authority within the meaning of that section, but taking—

(a)any reference to a member of a local authority as a reference to the Mayor or an Assembly member;

(b)any reference to a local government elector for the area concerned as a reference to a local government elector for Greater London; and

(c)any reference to meetings of the local authority as a reference to meetings of the Assembly.

Marginal Citations

[F43Salaries, expenses, pensions and other payments]E+W+S

Textual Amendments

F43S. 24 heading substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 1(3), 59(7); S.I. 2008/113, art. 2(a)

24 Salaries and expenses.E+W+S

(1)The Authority shall pay to the Mayor and the Assembly members salaries at such levels—

(a)as the Authority from time to time determines; or

(b)before the first determination, as the Secretary of State directs.

(2)The Authority may pay to the Mayor and the Assembly members, in respect of expenses incurred in the exercise of their functions, allowances at such levels—

(a)as the Authority may from time to time determine; or

(b)before the first determination, as the Secretary of State may direct.

(3)A determination or direction under subsection (1) above may provide—

(a)for a higher level of salary to be payable to the Mayor than to any Assembly member;

(b)for higher levels of salaries to be payable to Assembly members holding the offices specified in subsection (4) below than to other Assembly members; and

(c)for different salaries to be payable to Assembly members holding different such offices.

(4)The offices mentioned in subsection (3)(b) above are—

(a)Deputy Mayor;

(b)Chair of the Assembly.

(5)A determination or direction under subsection (2) above may provide for different allowances for different cases.

(6)A determination under this section may provide for levels of salaries or allowances to change from time to time by reference to a specified formula.

(7)The Authority’s functions of making determinations under this section shall be functions of the Authority which are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.

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

(9)The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.

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

(1)The Secretary of State may by order make provision such as is specified in subsection (3) below in relation to any Authority members to whom relevant remuneration is payable—

(a)pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House;

(b)under section 1 of the M10European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs); F44...

[F45(ba)under Article 9 of the Statute for Members of the European Parliament (European Parliament Decision 2005/684/EC, Euratom) (entitlement to salary for MEPs); or]

(c)in respect of their membership of any other public body (whether elected or appointed) which is specified in the order.

(2)In this section—

  • Authority member means—

    (a)

    the Mayor; or

    (b)

    an Assembly member;

  • relevant remuneration means—

    (a)

    a salary; or

    (b)

    any allowance of a description specified by order made by the Secretary of State.

(3)The provision referred to in subsection (1) above is provision that the amount of the salary payable to an Authority member under section 24 above—

(a)shall be reduced to a specified proportion of what it otherwise would be or to a specified amount; or

(b)shall be reduced by the amount of the relevant remuneration payable to him as mentioned in subsection (1) above, by a specified proportion of that amount or by some other specified amount.

(4)An order under subsection (1) above may make different provision in relation to Authority members—

(a)to whom (apart from the order) different amounts of salary would be payable under section 24 above; or

(b)to whom different amounts of relevant remuneration are payable as mentioned in subsection (1) above.

(5)Such an order may include provision that it (or a specified part of it) is not to apply to a specified Authority member or description of Authority members—

(a)either indefinitely or for a specified period; and

(b)either unconditionally or subject to the fulfilment of specified conditions.

Textual Amendments

Commencement Information

I4S. 25 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 25 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Marginal Citations

26 Pensions.E+W+S

(1)The Authority may make such provision for the payment of pensions to or in respect of persons who have ceased to be the Mayor or an Assembly member—

(a)as the Authority may from time to time determine; or

(b)before the first determination, as the Secretary of State may direct.

(2)The provision which may be made under this section includes, in particular, provision for—

(a)the making of payments towards the provision of superannuation benefits;

(b)establishing and administering one or more schemes for the provision of such benefits;

(c)the making of such payments as are mentioned in paragraph (a) above to any scheme (whether or not established or administered by virtue of paragraph (b) above) of which the Mayor or an Assembly member may be or become a member.

(3)Different provision may be made under this section for different cases.

(4)The Authority’s function of determining the provision that may be made under subsection (1) above shall be a function of the Authority which is exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.

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

(6)The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.

(7)A determination or direction under this section shall not affect pensions in payment before the making of the determination or the giving of the direction.

[F4626APayments on ceasing to hold officeE+W

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

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

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

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

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

Textual Amendments

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

The standing orders of the Authority must contain provision for the publication of information relating to sums paid under sections 24[F47, 26 and 26A] above for each financial year.

Textual Amendments

F47Words in s. 27 substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 1(2), 59(7); S.I. 2008/113, art. 2(a)

Supplementary provisionsE+W+S

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

(1)A person elected to the office of Mayor or of an Assembly member shall not act in that office unless—

(a)he has made a declaration of acceptance of the office in a form prescribed in an order made by the Secretary of State; and

(b)within two months from the day of the election, the declaration has been delivered to the proper officer of the Authority.

(2)If such a declaration is not made and delivered to that officer within that time, the office of the person elected shall become vacant at the expiration of that time.

(3)The declaration shall be made before—

(a)two members of the Assembly;

(b)the proper officer of the Authority;

(c)a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man; or

(d)a commissioner appointed to administer oaths in the [F48Senior Courts].

(4)Any person before whom a declaration is authorised to be made under this section may take the declaration.

(5)In relation to the first ordinary election, an order under section 3(4) above may make provision with respect to the making and delivery of declarations of acceptance of office in the case of the persons elected as the Mayor or Assembly members.

(6)An order made by virtue of subsection (5) above may (in particular) make provision—

(a)permitting declarations to be made before such person (other than those specified in subsection (3) above) as may be specified or described in the order;

(b)authorising any person specified or described under paragraph (a) above to take declarations;

(c)requiring declarations to be delivered to such person as may be specified or described in the order instead of the officer mentioned in subsection (1)(b) above; and

(d)requiring declarations delivered in accordance with provision made under paragraph (c) above to be transmitted to the proper officer of the Authority when one has been appointed.

(7)No salary, and no payment towards the provision of superannuation benefits, shall be paid under this Act to or in respect of the Mayor or an Assembly member until he has complied with the requirements of subsection (1) above.

(8)Subsection (7) above does not affect any entitlement of the Mayor or an Assembly member to payments in respect of the period before he complies with the requirements of subsection (1) above once he has complied with those requirements.

(9)This section applies in relation to a London member returned otherwise than at an election as if he had been elected on the day on which he is to be treated as returned.

Textual Amendments

Commencement Information

I5S. 28 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act is in force at Royal Assent in regards to any powers of a Minister of the Crown to make regulations or an order; s. 28 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

29 Interpretation of Part I.E+W+S

In this Part, except where the context otherwise requires—

  • constituency returning officer means the returning officer at an election of an Assembly member for an Assembly constituency (see section 35(2B) of the Representation of the M11People Act 1983);

  • constituency vote has the meaning given by section 4(1)(b) above;

  • elector has the same meaning as in the Representation of the M12People Act 1983 (see section 202(1) of that Act);

  • F49. . .

  • Greater London returning officer means the person who is for the time being the proper officer of the Authority for the purposes of section 35(2C) of the Representation of the M13People Act 1983 (returning officer at elections of Mayor and London members);

  • local government elector means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;

  • F50. . .

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

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

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

  • F51. . .

  • vote and voter have the same meaning as in the Representation of the M14People Act 1983 (see section 202(1) of that Act).

Textual Amendments

F49Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

F50Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

F51Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

Modifications etc. (not altering text)

C12S. 29 modified (7.3.2000) by S.I. 2000/308, art. 3

Marginal Citations

Part IIU.K. General Functions and Procedure

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

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

(1)The Authority shall have power to do anything which it considers will further any one or more of its principal purposes.

(2)Any reference in this Act to the principal purposes of the Authority is a reference to the purposes of—

(a)promoting economic development and wealth creation in Greater London;

(b)promoting social development in Greater London; and

(c)promoting the improvement of the environment in Greater London.

(3)In determining whether or how to exercise the power conferred by subsection (1) above to further any one or more of its principal purposes, the Authority shall have regard to the desirability of so exercising that power as to—

(a)further the remaining principal purpose or purposes, so far as reasonably practicable to do so; and

(b)secure, over a period of time, a reasonable balance between furthering each of its principal purposes.

(4)In determining whether or how to exercise the power conferred by subsection (1) above, the Authority shall have regard to the effect which the proposed exercise of the power would have on [F52each of the following]

(a)the health of persons in Greater London;

[F53(aa)health inequalities between persons living in Greater London;]

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

[F54(c)climate change, and the consequences of climate change.]

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

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

[F55(aa)to promote the reduction of health inequalities between persons living in Greater London, F56...]

(b)to contribute towards the achievement of sustainable development in the United Kingdom, [F57and

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

except to the extent that the Authority considers that any action that would need to be taken by virtue of paragraph (a)[F58, (aa)][F59, (b) or (c)] above is not reasonably practicable in all the circumstances of the case.

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

[F60(6A)In subsection (5)(aa) above, the reference to promoting the reduction of health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of the power.]

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

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

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

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

[F61(11)In this section—

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

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

Textual Amendments

F52Words in s. 30(4) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(2)(a), 59(7); S.I. 2008/113, art. 2(d)

F53S. 30(4)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(2)(b), 59(7); S.I. 2008/113, art. 2(d)

F55S. 30(5)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(3)(a), 59(7); S.I. 2008/113, art. 2(d)

F56Word in s. 30(5)(aa) repealed (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), s. 59(7), Sch. 2; S.I. 2008/113, art. 2(m)

F57S. 30(5)(c) and word inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(3)(a), 59(7); S.I. 2008/113, art. 2(i)

F58Word in s. 30(5) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(3)(b), 59(7); S.I. 2008/113, art. 2(d)

F59Words in s. 30(5) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(3)(b), 59(7); S.I. 2008/113, art. 2(i)

Modifications etc. (not altering text)

C13S. 30(2) applied (15.1.2012) by Localism Act 2011 (c. 20), ss. 197(7), 240(1)(l)

Commencement Information

I6S. 30 wholly in force at 3.7.2000; s. 30 not in force at Royal Assent see s. 425(2); s. 30(7)(9) in force at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 30 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

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

(1)The Authority shall not by virtue of section 30(1) above incur expenditure in doing anything which may be done [F62by—

(a)Transport for London;

(b)the Mayor's Office for Policing and Crime; or

(c)[F63the London Fire and Emergency Planning Authority.]

[F63the London Fire Commissioner.]]

[F64(1A)In determining whether to exercise the power conferred by section 30(1) above, the Authority must seek to secure that it does not incur expenditure in doing anything which is being done by a Mayoral development corporation.]

F65(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F66(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any education services,

(c)any social services, or

(d)any health services,

in any case where the provision in question may be made by a London borough council, the Common Council or any other public body.

F67(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F68(4A)The reference in subsection (3) above to providing any education services does not include sponsoring Academies or facilitating their sponsorship.]

(5)Any reference in subsection (3) above to the provision of social services is a reference to the exercise of [F69any social services function within the meaning of the Local Authority Social Services Act 1970]

[F70(5A)Any reference in subsection (3) above to the provision of health services does not include a reference to the provision of services or facilities for promoting improvements in, or protecting, public health.]

[F71(5B)Nothing in subsection (1)(a) above shall be taken to prevent the Authority incurring expenditure in doing anything for the purposes of, or relating to, housing or regeneration.]

(6)Nothing in subsections (1) to [F72(5A)] above shall be taken to prevent the Authority incurring expenditure in co-operating with, or facilitating or co-ordinating the activities of, the bodies mentioned in those subsections.

(7)The Secretary of State may by order amending this section make further provision for preventing the Authority from doing by virtue of section 30(1) above anything—

(a)which may be done by a London borough council, the Common Council or a public body, and

(b)which is specified, or is of a description specified, in the order.

(8)The Secretary of State may by order impose limits on the expenditure which may be incurred by the Authority by virtue of section 30(1) above.

(9)The Secretary of State may by order amending this section make provision removing or restricting any prohibitions or limitations imposed by this section on what may be done by the Authority by virtue of section 30(1) above.

Textual Amendments

F62Words in s. 31(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 45(2)

F63S. 31(1)(c) substituted (E.W.) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 3

F66S. 31(3)(a) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 186(2), 240(2), Sch. 25 Pt. 31; S.I. 2012/57, art. 4(1)(u) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

F67S. 31(4) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 186(3), 240(2), Sch. 25 Pt. 31; S.I. 2012/57, art. 4(1)(u) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

F68S. 31(4A) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 186(4), 240(2); S.I. 2012/57, art. 4(1)(u) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

F69Words in s. 31(5) substituted for s. 31(5)(a)(b) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 33; S.I. 2000/2849, art. 2(f)(h)

F71S. 31(5B) inserted (12.2.2015) by Infrastructure Act 2015 (c. 7), ss. 33(1), 57(5)(c) (with s. 33(2))

Commencement Information

I7S. 31 wholly in force at 3.7.2000: s. 31 in force at Royal Assent for certain purposes see s. 425(2); s. 31 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

32 Consultation.E+W+S

(1)The power conferred by section 30(1) above is exercisable only after consultation with such bodies or persons as the Authority may consider appropriate in the particular case.

(2)In determining what consultation (if any) is appropriate under subsection (1) above, the bodies which, and persons whom, the Authority considers consulting must include—

(a)any London borough council;

(b)the Common Council; and

(c)bodies of each of the descriptions specified in subsection (3) below.

(3)Those descriptions are—

(a)voluntary bodies some or all of whose activities benefit the whole or part of Greater London;

(b)bodies which represent the interests of different racial, ethnic or national groups in Greater London;

(c)bodies which represent the interests of different religious groups in Greater London;

(d)bodies which represent the interests of persons carrying on business in Greater London.

(4)The Authority may make arrangements with—

(a)any London borough council,

(b)the Common Council,

(c)bodies of the descriptions specified in subsection (3) above, and

(d)such other bodies or persons as it may consider appropriate,

for the purpose of facilitating the carrying out by the Authority of consultation pursuant to this section or any other provision of this Act.

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

33 Equality of opportunity.E+W+S

(1)The Authority shall make appropriate arrangements with a view to securing that—

(a)in the exercise of the power conferred on the Authority by section 30 above,

(b)in the formulation of the policies and proposals to be included in any of the strategies mentioned in section 41(1) below, and

(c)in the implementation of any of those strategies,

there is due regard to the principle that there should be equality of opportunity for all people.

(2)After each financial year the Authority shall publish a report containing—

(a)a statement of the arrangements made in pursuance of subsection (1) above which had effect during that financial year; and

(b)an assessment of how effective those arrangements were in promoting equality of opportunity.

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

Modifications etc. (not altering text)

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

(1)The Authority, acting by the Mayor, by the Assembly, or by both jointly, may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the Authority exercisable by the Mayor or, as the case may be, by the Assembly or by both acting jointly.

(2)The Authority shall not by virtue of this section raise money (whether by precepts, borrowing or otherwise) or lend money, except in accordance with the enactments relating to those matters.

Modifications etc. (not altering text)

C15S. 34(2) excluded (18.11.2003) by Local Government Act 2003 (c. 26), ss. 93, 128(2)(d)

[F7334ARestriction on exercise of certain powers except through a taxable bodyE+W+S

(1)The Authority may carry on specified activities for a commercial purpose only if it does so—

(a)through a company that is a subsidiary of the Authority, or

(b)in pursuance of an authorisation under section 38(1), through—

(i)a body that is specified in section 38(2) and is within the charge to corporation tax, or

(ii)a company that is a subsidiary of a body specified in section 38(2).

(2)Subsection (3) applies if—

(a)the Authority carries on a specified activity for a commercial purpose otherwise than as permitted by subsection (1), and

(b)the activity is actually carried on by a body (whether the Authority or another) that, disregarding this section, is in respect of the carrying-on of the activity exempt from corporation tax and income tax.

(3)The body mentioned in subsection (2)(b) is to be treated in respect of the carrying-on of the activity as not being a local authority for the purposes of—

(a)section 984 of the Corporation Tax Act 2010 (exemption of local authorities from corporation tax),

(b)section 838 of the Income Tax Act 2007 (exemption of local authorities from income tax), and

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

(4)In this section—

  • company” means—

    (a)

    a company within the meaning given by section 1(1) of the Companies Act 2006, or

    (b)

    [F74a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under] the Industrial and Provident Societies Act (Northern Ireland) 1969, and

  • specified activity” means an activity specified in an order made by the Secretary of State with the consent of the Treasury.]

Textual Amendments

Exercise of functions: general principlesE+W+S

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

(1)Any function transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed) shall, in accordance with the provisions of this Act, be exercisable—

(a)only by the Mayor acting on behalf of the Authority;

(b)only by the Assembly so acting; or

(c)only by the Mayor and Assembly jointly so acting.

(2)Any function—

(a)which is transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed), and

(b)which (apart from this subsection) is not made exercisable on behalf of the Authority by the Mayor, by the Assembly, or by the Mayor and the Assembly acting jointly,

shall be exercisable only by the Mayor acting on behalf of the Authority.

(3)Any function transferred to, or conferred or imposed on, the Mayor by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor acting on behalf of the Authority.

(4)Any function transferred to, or conferred or imposed on, the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Assembly acting on behalf of the Authority.

(5)Any function transferred to, or conferred or imposed on, the Mayor and the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor and Assembly acting jointly on behalf of the Authority.

(6)Subsections (3) and (4) above are subject to subsection (5) above.

(7)Any reference in this Act to—

(a)functions of the Authority,

(b)functions of the Mayor,

(c)functions of the Assembly, or

(d)functions of the Mayor and Assembly,

shall be construed in accordance with the foregoing provisions of this section.

(8)Subsections (1) to (7) above are subject to any express provision to the contrary in this Act.

(9)Subsections (2) and (3) above are without prejudice to [F75sections 38 and 380] below and Schedule 4 to this Act.

(10)This section is subject, in particular, to Part II of the M15Deregulation and Contracting Out Act 1994 (contracting out).

Textual Amendments

F75Words in s. 35(9) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. I para. 3

Marginal Citations

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

(1)The Assembly, in consultation with the Mayor, may make standing orders of the Authority.

(2)The procedure of the Assembly, and of any committees or sub-committees of the Assembly, shall be regulated by the standing orders of the Authority.

(3)Standing orders of the Authority may make provision regulating the procedure to be followed—

(a)by any member of the Assembly, or

(b)by any member of staff of the Authority,

by whom functions of the Authority are exercisable pursuant to arrangements under section 54 below.

(4)Standing orders of the Authority may make provision regulating the procedure to be followed by the Mayor or by the Assembly in discharging any functions of the Mayor or the Assembly, to the extent that the functions—

(a)consist of consultation, or any other interaction or relationship, between the Mayor and the Assembly; or

(b)are exercisable by the Mayor in relation to the Assembly or by the Assembly in relation to the Mayor.

(5)Standing orders of the Authority may make provision for any other matter for which provision by standing orders of the Authority is authorised or required by or under any other provision of this Act or any other enactment.

(6)Subsections (2) to (5) above are subject to any other provision of this Act or any other enactment which regulates, or provides for the regulation of, the procedure of the Assembly or any procedure to be followed by the Mayor.

(7)Standing orders of the Authority may make different provision for different circumstances.

(8)The Assembly, after consultation with the Mayor, may at any time vary or revoke any standing orders of the Authority.

(9)Neither section 38 below nor section 54 below shall apply in relation to the functions of the Mayor or the Assembly under this section.

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

Schedule 4 to this Act shall have effect with respect to the discharge of functions during periods when—

(a)there is a vacancy in the office of Mayor; or

(b)there is no such vacancy but the Mayor is unable to act in his office.

Functions exercisable by the MayorE+W+S

38 Delegation.E+W+S

(1)Any function exercisable on behalf of the Authority by the Mayor shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.

(2)Those bodies and persons are—

(a)the Deputy Mayor;

(b)any member of staff of the Authority;

(c)Transport for London;

F76(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F77(da)any Mayoral development corporation;]

[F78(db)the Homes and Communities Agency;]

(e)the Common Council;

(f)any local authority.

[F79(2A)In relation to functions exercisable by the Mayor under Part 11 of the Planning Act 2008 (Community Infrastructure Levy) subsection (2) has effect with the omission of paragraphs (c) to (f).]

[F80(2B)In relation to a function listed in subsection (2C), subsection (2) has effect—

(a)as if paragraph (b) referred only to members of staff appointed under section 67(1), and

(b)with the omission of paragraphs (c) to (f).

(2C)The functions referred to in subsection (2B) are—

(a)the function of giving a direction under section 2A(1) or (1B) of the Town and Country Planning Act 1990 (call-in of planning applications by the Mayor), and

(b)the function of determining an application by virtue of section 2A or 2B of that Act.]

(3)In the case of [F81the Homes and Communities Agency,] the Common Council or a local authority, an authorisation under this section—

(a)may only be granted or varied with its written consent; and

(b)shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.

(4)[F82Subject to subsection (5A), where], by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.

(5)[F83Subject to subsection (5A), subsection] (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by—

(a)a committee or sub-committee, or a member, officer or employee, of the body or person, or

(b)a joint committee on which the body or person is represented,

except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.

[F84(5A)Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by a local authority which are operating executive arrangements—

(a)that duty shall be treated as a function of that local authority for the purposes of section 13 of the Local Government Act 2000; and

(b)if, or to the extent that, that duty is a function which is the responsibility of the executive of that authority—

(i)subsections (4) and (5) above shall not apply; and

(ii)sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.]

(6)Subsection (1) above does not apply—

(a)in relation to functions under this section;

(b)in relation to any function of making appointments under subsection (1) of section 67 below (which, subject to the provisions of Schedule 4 to this Act, shall be exercisable only by the Mayor); or

(c)in relation to any function under Part X below (in relation to which provision for delegation is made under that Part).

(7)Each of the following bodies, namely—

(a)Transport for London,

F85(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F86(ba)any Mayoral development corporation,]

[F87(bb)the Homes and Communities Agency,]

(c)the Common Council,

(d)any local authority,

shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.

(8)Subsections (3) and (4) of section 101 of the M16Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor—

(a)to a local authority, [F88or]

(b)to Transport for London, F89...

F89(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F90(8A)An authorisation given by the Mayor under subsection (1) above to a Mayoral development corporation in relation to a function does not prevent the Mayor from exercising the function.]

[F91(8B)An authorisation given by the Mayor under subsection (1) above to the Homes and Communities Agency in relation to a function does not prevent the Mayor from exercising the function.]

(9)An authorisation under this section may be varied or revoked at any time by the Mayor.

(10)Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.

[F92(11)For the purposes of this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.]

Textual Amendments

F77S. 38(2)(da) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 46(2)

F79S. 38(2A) inserted (6.4.2009 for E.W.) by Planning Act 2008 (c. 29), ss. 224(4), 241(8) (with s. 226); S.I. 2009/400, art. 3(m)

F81Words in s. 38(3) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 37(3); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F82Words in s. 38(4) substituted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(a)

F83Words in s. 38(5) substituted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(b)

F84S. 38(5A) inserted (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(c)

F86S. 38(7)(ba) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 46(3)

F89S. 38(8)(c) and word repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

F92S. 38(11) added (E.) (11.7.2001) S.I. 2001/2237, arts. 2(u), 36(d)

Modifications etc. (not altering text)

C18S. 38(1) excluded (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004, 1.1.2004 for E.) by Local Government Act 2003 (c. 26), ss. 3(9), 128(6); S.I. 2003/2938, art. 5 (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 3)

C19S. 38(1) excluded by 2004 c. 5, s. 15(10) (as inserted (E.W.) (23.10.2007 for specified purposes, 27.6.2008 so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 30(11), 59(4)(b)); S.I. 2008/1372, art. 2

C20S. 38(1) excluded by 1990 c. 8, s. 2B(8) (as inserted (E.W.) (23.10.2007 for specified purposes, 6.4.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 31(2), 59(4)(b); S.I. 2008/582, art. 2(a))

Marginal Citations

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

(1)Where any functions exercisable on behalf of the Authority by the Mayor are, by virtue of an authorisation under section 38(1) above, also exercisable by one or more local authorities, the Mayor and those authorities may enter into arrangements under section 101(5) of the M17Local Government Act 1972 for the joint discharge of the functions by a joint committee.

(2)Where—

(a)a statutory function of the Authority is exercisable, or has been exercised, by the Mayor acting on behalf of the Authority, and

(b)the exercise, or any particular exercise, of that function will or may affect, or be affected by, the exercise, or any particular exercise, of statutory functions of local authorities (whether or not the functions are the same in the case of each such authority),

the Mayor and those authorities may enter into arrangements under section 101(5) of the M18Local Government Act 1972 for the joint exercise of any of the statutory functions mentioned in paragraph (a) or (b) above by a joint committee, as if those functions were exercisable by the Mayor acting on behalf of the Authority and by each local authority.

(3)For the purposes of subsection (2) above, the exercise of a function shall be taken to affect, or be affected by, the exercise of another function if the functions are exercisable for the same, or for similar or connected, purposes or in relation to the same, or similar or connected, subject matter.

(4)For the purposes of subsections (1) and (2) above, sections 101(5) and 102 to 106 of the M19Local Government Act 1972 shall have effect as if the Authority acting by the Mayor were a local authority.

(5)Any arrangements made by virtue of subsection (1) or (2) above for the discharge of any functions by a joint committee (or by a sub-committee of a joint committee) shall not prevent the Mayor or any local authority, or the joint committee by whom the arrangements are made, from exercising the functions.

(6)A person who is disqualified under section 21 above from being elected or being the Mayor or an Assembly member, otherwise than by reason only of being a member of staff of the Authority, shall be disqualified from being a member of a joint committee established by virtue of subsection (1) or (2) above or of any sub-committee of such a committee.

(7)Subject to that, the Mayor or any other individual may be appointed as a representative of the Authority on any joint committee established by virtue of subsection (1) above and any such representative may be appointed as a member of any sub-committee of such a joint committee.

(8)Any reference in this section to a local authority includes a reference to the Common Council.

[F93Delegation to Mayor of Ministers' functionsU.K.

Textual Amendments

F93S. 39A and cross-heading inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 223(2), 240(2); S.I. 2012/57, art. 4(1)(cc) (with arts. 6, 7, 9-11)

39ADelegation by MinistersU.K.

(1)A Minister of the Crown may, to such extent and subject to such conditions as that Minister thinks fit, delegate to the Mayor any of that Minister's eligible functions.

(2)A function is eligible for the purposes of subsection (1) above if—

(a)it does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and

(b)the Secretary of State considers that it can appropriately be exercised by the Mayor.

(3)No delegation under subsection (1) above, and no variation of a delegation under subsection (1) above, may be made without the agreement of the Mayor.

(4)Before making or varying a delegation under subsection (1) above, a Minister of the Crown must consult—

(a)each London borough council,

(b)the Common Council, and

(c)the Assembly.

(5)A delegation under subsection (1) above may be revoked at any time by any Minister of the Crown.

(6)Section 38 above does not apply in relation to functions delegated under subsection (1) above.]

40 Contracting out.U.K.

(1)Part II of the M20Deregulation and Contracting Out Act 1994 (contracting out) shall be amended as follows.

(2)In section 70 (functions of local authorities) in subsection (1)(b), after section 56 of the Local Government (Scotland) Act 1973 there shall be inserted “ or section 38 or 380 of the Greater London Authority Act 1999 ”.

(3)After subsection (5) of that section (which implies certain terms into arrangements under section 101 of the M21Local Government Act 1972 etc) there shall be inserted—

(6)Any reference in subsection (5) above to arrangements under section 101 of the M22Local Government Act 1972 includes a reference to an authorisation under section 38 or 380 of the Greater London Authority Act 1999.

(4)In section 79(1) (interpretation of Part II) in the definition of local authority, in paragraph (a), after London borough council, there shall be inserted “ the Greater London Authority acting through the Mayor of London, ”.

The Mayor’s strategiesE+W+S

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

(1)This section applies to—

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

[F94(b)the Economic development strategy for London prepared and published under section 333F below,]

[F95(bb)the health inequalities strategy prepared and published under section 309E below,]

[F96(bc)the London housing strategy prepared and published under section 333A below,]

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

[F97(ca)the London Environment Strategy,]

F98(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98(ee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98(ef). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the culture strategy prepared and published under section 376 below.

(2)The Mayor shall keep each of the strategies mentioned in subsection (1) above under review and shall make such revisions of those strategies as he considers necessary.

(3)Subsection (2) above does not apply in relation to the spatial development strategy (for which separate provision as to review is made by section 340 below).

(4)In preparing or revising any strategy mentioned in subsection (1) above, the Mayor shall have regard to—

(a)the principal purposes of the Authority;

(b)the effect which the proposed strategy or revision would have on [F99each of the following]

(i)the health of persons in Greater London;

[F100(ia)health inequalities between persons living in Greater London;]

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

[F101(iii)climate change, and the consequences of climate change; and]

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

(5)Those matters are—

(a)the need to ensure that the strategy is consistent with national policies[F102, with the EU obligations of the United Kingdom and with such other international obligations of the United Kingdom] as the Secretary of State may notify to the Mayor for the purposes of this paragraph;

(b)the need to ensure that the strategy is consistent with each other strategy mentioned in subsection (1) above;

(c)the resources available for implementation of the strategy; and

(d)the desirability of promoting and encouraging the use of the River Thames safely, in particular for the provision of passenger transport services and for the transportation of freight.

(6)The Mayor—

(a)in considering whether any strategy mentioned in subsection (1) above needs to be revised,

(b)in implementing any such strategy, or

(c)in exercising in relation to the spatial development strategy any of his functions under sections 334 to 341 below,

shall have regard to the matters specified in subsection (5) above.

(7)Where the Mayor prepares or revises any strategy mentioned in subsection (1) above, he shall include such of the available policies and proposals relating to the subject matter of the strategy as he considers best calculated—

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

[F103(aa)to promote the reduction of health inequalities between persons living in Greater London, and

(b)to contribute towards the achievement of sustainable development in the United Kingdom][F104, and

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

except to the extent that he considers that any action that would need to be taken by virtue of paragraph (a)[F105, (aa)][F106, (b) or (c)] above is not reasonably practicable in all the circumstances of the case.

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

[F107(8A)In subsection (7)(aa) above, the reference to promoting the reduction of health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the strategy or revision.]

(9)The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above[F108, except the London housing strategy,] as he may consider appropriate, having regard to—

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

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

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

[F109(9A)In exercising any function the Mayor must have regard to any strategy mentioned in subsection (1) which is relevant to the exercise of that function.]

F110(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F111(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F112(12)In this section—

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

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

Textual Amendments

F94S. 41(1)(b) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 192(3), 240(2); S.I. 2012/1008, art. 3(b) (with arts. 7, 9-11)

F96S. 41(1)(bc) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(2), 59(5)

F99Words in s. 41(4)(b) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(3)(a), 59(7); S.I. 2008/113, art. 2(d)

F100S. 41(4)(b)(ia) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(3)(b), 59(7); S.I. 2008/113, art. 2(d)

F101S. 41(4)(iii) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(2), 59(7); S.I. 2008/113, art. 2(i)

F102Words in s. 41(5)(a) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 227(2), 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)

F103S. 41(7)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(4)(a), 59(7); S.I. 2008/113, art. 2(d)

F104S. 41(7)(c) and word inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(3)(a), 59(7); S.I. 2008/113, art. 2(i)

F105Word in s. 41(7) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(4)(b), 59(7); S.I. 2008/113, art. 2(d)

F106Words in s. 41(7) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(3)(b), 59(7); S.I. 2008/113, art. 2(i)

F108Words in s. 41(9) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(3), 59(5)

Modifications etc. (not altering text)

42 Consultation.E+W+S

(1)In preparing or revising any strategy to which this section applies the Mayor shall consult—

(a)the Assembly,

(b)the functional bodies,

(c)each London borough council,

(d)the Common Council, and

(e)any other body or person whom he considers it appropriate to consult.

(2)In determining what consultation (if any) is appropriate under subsection (1)(e) above, the bodies which, and persons whom, the Mayor considers consulting must include bodies of each of the descriptions specified in section 32(3) above.

(3)The strategies to which this section applies are those mentioned in section 41(1) above, other than the spatial development strategy (for which separate provision as to consultation and other aspects of public participation is made by Part VIII below).

(4)Subsection (1) above is without prejudice to any other duty imposed on the Mayor in relation to consultation.

F113(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In any case where—

(a)the Mayor proposes to revise any of the strategies to which this section applies, and

(b)he considers that the proposed revisions will not materially alter the strategy in question,

the Mayor is not required to carry out consultation in accordance with this section.

Textual Amendments

Modifications etc. (not altering text)

C27S. 42 excluded (3.7.2000) by 1998 c. 45, s. 7B(6) (as inserted (3.7.2000) by 1999 c. 29, s. 307 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F11442AConsultation: supplementary provisionE+W

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

Textual Amendments

[F11542BAssembly's power to reject draft strategiesE+W+S

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

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

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

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

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

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

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

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

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

Textual Amendments

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

(1)The Mayor shall take such steps as in his opinion will give adequate publicity to the current version of each strategy to which section 42 above applies.

(2)The Mayor shall send to the Common Council and to each London borough council a copy of the current version of each strategy mentioned in section 41(1) above.

(3)A copy of the current version of each such strategy shall be kept available by the Mayor for inspection by any person on request free of charge—

(a)at the principal offices of the Authority, and

(b)at such other places as the Mayor considers appropriate,

at reasonable hours.

(4)A copy of the current version of each such strategy, or any part of such a strategy, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.

(5)Any reference in this section to the current version of a strategy or part of a strategy is a reference—

(a)in the case of the spatial development strategy, to that strategy as last published, whether originally or by way of replacement, and to any published alteration thereof for the time being having effect; and

(b)in the case of any other strategy, to that strategy as last published, whether originally or as revised.

Modifications etc. (not altering text)

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

(1)In relation to each strategy mentioned in section 41(1) above, where the Mayor has not published the strategy and the Secretary of State considers that the Mayor is not taking such steps as are necessary to prepare the strategy, he may issue a direction to the Mayor under subsection (2) below.

(2)A direction under this subsection may direct the Mayor to prepare and publish the strategy within such period as the direction shall specify.

(3)Where the Secretary of State issues a direction to the Mayor under subsection (1) above, the Mayor shall comply with the direction.

Modifications etc. (not altering text)

Public accountabilityE+W+S

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

(1)The Mayor shall, not later than [F1165] clear working days before the first meeting of the Assembly held pursuant to subsection (3) of section 52 below, and thereafter not later than [F1165] clear working days before each subsequent meeting of the Assembly held pursuant to that subsection, submit a written report to the Assembly.

(2)A report required to be submitted by the Mayor under subsection (1) above shall relate to the period since the submission of the previous report or, in the case of the first such report, to the period since the first ordinary election and shall include—

(a)notification of decisions taken by the Mayor which he considers to be of significance;

(b)the reasons for which the Mayor took the decisions mentioned in paragraph (a) above; and

(c)the response of the Mayor to proposals submitted by the Assembly under section 60 below.

(3)The Mayor shall attend every meeting of the Assembly held pursuant to section 52(3) below and shall, subject to subsection (6) below, answer questions put to him at any such meeting by Assembly members about matters in relation to which statutory functions are exercisable by him.

(4)The Mayor shall—

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

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

(subject, in either case, to subsection (6) below).

(5)For the purposes of subsection (4)(b) above, the day on which a question is asked at a meeting is—

(a)in the case of an oral question, the day on which the question is first asked at the meeting; or

(b)in the case of a written question, the day on which the question is first raised at the meeting.

(6)The duty of the Mayor under subsection (3) or (4) above shall not require him to disclose advice received by him from—

(a)a person appointed under section 67(1) or (2)[F117, 72(1), 73(1) or 127A(1)] below,

(b)a functional body,

(c)a member of a functional body, or

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

[F118except as provided by subsection (7) below.]

(7)[F119Where—

(a)the Mayor receives advice from a person falling within paragraph (b), (c) or (d) of subsection (6) above, and

(b)the functional body mentioned in that paragraph is the [F120Mayor's Office for Policing and Crime] or the London Fire and Emergency Planning Authority,

the Mayor is not relieved by subsection (6) above from any requirement to disclose the advice, if or to the extent that the advice falls within subsection (8) below.]

(8)[F119Advice given to the Mayor by a [F121person falling within paragraph (b), (c) or (d) of subsection (6) above] falls within this subsection if it has been disclosed—

(a)at a meeting of, or of a committee or sub-committee of, the functional body [F122concerned]at a time when the meeting was open to members of the public by virtue of Part VA of the M23Local Government Act 1972 (access to meetings and documents); or

(b)in a document which has been open to inspection by members of the public by virtue of that Part of that Act.]

(9)Any reference in this section to a member of staff of a functional body includes a reference to an officer or employee of that body.

(10)For the purposes of this section, a day is a working day unless it is—

(a)a Saturday or Sunday;

(b)Christmas Eve, Christmas Day, Maundy Thursday or Good Friday;

(c)a day which is a Bank Holiday in England under the M24Banking and Financial Dealings Act 1971; or

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

Textual Amendments

F116Word in s. 45(1) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 3(2), 59(7); S.I. 2008/113, art. 2(a)

F117Words in s. 45(6) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(2), 59(7); S.I. 2008/113, art. 2(a)

F118Words in s. 45(6) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 4(2)

F119S. 45(7)(8) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 4(3)

F121Words in s. 45(8) substituted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 4(a)

F122Word in s. 45(8)(a) inserted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 4(b)

Marginal Citations

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

(1)As soon as practicable after the end of each financial year the Mayor shall prepare a report on the exercise by him of statutory functions during the year (an annual report).

(2)An annual report shall include—

(a)an assessment of the Mayor’s progress in implementing the strategies required to be prepared and published by him under this Act F123...;

(b)a statement of any targets for the time being in force under section 41(9) above with respect to the implementation of those strategies and an assessment of the progress made by authorities involved in the implementation of those strategies towards achieving those targets;

(c)a summary of information which relates to the Authority’s performance of its statutory functions and which the Authority is required to publish under or by virtue of any enactment; and

(d)information of such descriptions as the Assembly, prior to the beginning of the financial year to which the annual report relates, has notified to the Mayor that it wishes to be included in the annual report.

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

(a)shall send a copy of the report to the Assembly; and

(b)shall publish the report.

(4)The annual report shall not be published until after the Mayor has sent a copy to the Assembly pursuant to subsection (3)(a) above.

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

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

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

Textual Amendments

F123Words in s. 46(2)(a) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

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

(1)The Mayor shall once in every financial year hold and attend a meeting under this section (in this section referred to as a State of London debate) which shall be open to all members of the public.

(2)The form of, and procedure for, a State of London debate shall be such as the Mayor may determine after consultation with the Assembly, but must be such that there is an opportunity for members of the public to speak.

(3)The power to determine the form of, and procedure for, a State of London debate includes power to appoint a person to preside.

(4)Any person may be appointed to preside at a State of London debate, whether or not he has any connection with the Authority.

(5)A member of the public who attends or speaks at a State of London debate shall do so subject to and in accordance with the procedure for the State of London debate.

(6)A State of London debate shall be held on a date to be determined by the Mayor—

(a)during April, May or June in each successive period of twelve months beginning with 1st April 2001, and

(b)at least 7 days after the publication under section 46 above of the annual report relating to the financial year last ended.

(7)At least one month prior to the date on which the State of London debate is to be held, the Mayor—

(a)shall determine the place at which the meeting is to be held; and

(b)shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.

48 People’s Question Time.E+W+S

(1)The Mayor and the Assembly shall twice in every financial year hold and attend a meeting under this section (in this section referred to as a People’s Question Time) which shall be open to all members of the public.

(2)The purpose of a People’s Question Time is to afford an opportunity to members of the public to put questions to the Mayor and Assembly members and to enable the Mayor and Assembly members to respond.

(3)The form of, and procedure for, a People’s Question Time shall be such as the Mayor may determine after consultation with the Assembly.

(4)The power to determine the form of, and procedure for, a People’s Question Time includes power to appoint a person to preside.

(5)Any person may be appointed to preside at a People’s Question Time, whether or not he has any connection with the Authority.

(6)A member of the public who attends or speaks at a People’s Question Time shall do so subject to and in accordance with the procedure for the People’s Question Time.

(7)A People’s Question Time shall be held on a date to be determined by the Mayor, after consultation with the Assembly, but which is not less than—

(a)one month before, or

(b)one month after,

a State of London debate held pursuant to section 47(1) above.

(8)At least one month prior to the date on which each People’s Question Time is to be held, the Mayor—

(a)shall determine the place at which the meeting is to be held; and

(b)shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.

Deputy MayorE+W+S

49 The Deputy Mayor.E+W+S

(1)There shall be a Deputy Mayor of London (the Deputy Mayor).

(2)The Deputy Mayor shall have such functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.

(3)The Deputy Mayor shall be appointed by the Mayor from among the Assembly members.

(4)A person must not hold the offices of Deputy Mayor and Chair of the Assembly at the same time.

(5)If the Mayor appoints as Deputy Mayor the person who is the Chair of the Assembly, a vacancy shall arise in the office of Chair of the Assembly.

(6)Subsections (4) and (5) above apply in relation to the Deputy Chair of the Assembly as they apply in relation to the Chair of the Assembly.

(7)A person appointed Deputy Mayor shall not act in that office unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.

(8)A person shall cease to be the Deputy Mayor if—

(a)he ceases to be an Assembly member;

(b)he at any time gives notice of resignation as the Deputy Mayor to the proper officer of the Authority; or

(c)the Mayor at any time gives him notice terminating his appointment as Deputy Mayor.

(9)A person who ceases to be Deputy Mayor shall be eligible for reappointment.

Chair and Deputy Chair of the AssemblyE+W+S

50 Functions.E+W+S

(1)There shall be—

(a)an office of Chair of the London Assembly (the Chair of the Assembly); and

(b)an office of Deputy Chair of the London Assembly (the Deputy Chair of the Assembly).

(2)The Chair of the Assembly shall have—

(a)the function of chairing meetings of the Assembly; and

(b)such other functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.

(3)Subsection (2)(a) above is subject to any provision made by or under this Act or any other enactment, whenever passed or made, or by the standing orders of the Authority.

(4)The Deputy Chair of the Assembly shall have—

(a)the function of chairing meetings of the Assembly when authorised or required to do so by or under this Act or any other enactment, whenever passed or made, or in accordance with the standing orders of the Authority; and

(b)such other functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.

51 Appointment.E+W+S

(1)The Chair of the Assembly and the Deputy Chair of the Assembly shall each be elected at a meeting of the Assembly.

(2)The Chair of the Assembly and the Deputy Chair of the Assembly must be elected from among the members of the Assembly.

(3)A person must not hold the offices of Chair of the Assembly and Deputy Chair of the Assembly at the same time except as provided by subsection (7) below.

(4)The Deputy Mayor is not eligible to be the Chair of the Assembly or the Deputy Chair of the Assembly.

(5)If the Deputy Chair of the Assembly is elected to fill a vacancy in the office of Chair of the Assembly, a vacancy shall occur in the office of Deputy Chair of the Assembly.

(6)If a vacancy occurs in the office of Chair of the Assembly or Deputy Chair of the Assembly, the first business at the next meeting of the Assembly shall be to fill the vacancy.

(7)If a vacancy occurs in the office of Chair of the Assembly and there is a person who is the Deputy Chair of the Assembly, that person shall (subject to the other provisions of this Act or any other enactment) also be the Chair of the Assembly until such time as the vacancy is filled in accordance with subsection (6) above.

(8)A person elected Chair of the Assembly or Deputy Chair of the Assembly shall not act in that office unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.

Meetings and procedure of the AssemblyE+W+S

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

(1)The Assembly may hold, in addition to any meetings required to be held by or under this section or any other enactment, such other meetings as it may determine.

(2)Before the expiration of the period of ten days following the day of the poll at an ordinary election, there shall be a meeting of the Assembly to elect—

(a)the Chair of the Assembly; and

(b)the Deputy Chair of the Assembly.

(3)On such ten occasions in each calendar year as the Assembly may determine, there shall be a meeting of the Assembly—

(a)to consider the written report submitted for the meeting by the Mayor under section 45 above,

(b)to enable Assembly members to put—

(i)oral or written questions to the Mayor, and

(ii)oral questions to any employees of the Authority who are required to attend such meetings and answer questions put to them by Assembly members; and

(c)to transact any other business on the agenda for the meeting.

(4)The first meeting under subsection (3) above after an ordinary election shall be held not later than 25 days after the day of the poll at the election.

[F124(4A)There must be at least 21 clear days between a meeting under subsection (3) above and the last such meeting before it, but this does not apply to the gap between the first such meeting after an ordinary election and the last such meeting before that election.]

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

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

(b)shall be published,

in accordance with the standing orders of the Authority.

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

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

(b)in any other case, at least [F12514] clear days before the meeting.

F126(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(9)If—

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

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

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

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

53 Assembly procedure.E+W+S

(1)All questions coming before, or to be decided by, the Assembly shall be decided by a majority of the members of the Assembly present and voting at a meeting of the Assembly.

(2)In the case of an equality of votes, the person chairing the meeting of the Assembly shall have a second or casting vote.

(3)Subsections (1) and (2) above are subject to any provision to the contrary contained in this or any other enactment.

(4)The Assembly may determine its own procedure and that of its committees and sub-committees (including quorum).

(5)Subsection (4) above is subject to—

(a)subsections (1) and (2) above;

(b)sections 50 to 52 above;

(c)section 56 below;

(d)Schedules 6 and 7 to this Act; and

(e)any other provision made by or under this Act or any other Act (whenever passed) which regulates, or provides for the regulation of, the procedure of the Assembly or committees of the Assembly.

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

(1)The Assembly may arrange for any of the functions exercisable by it to be discharged on its behalf—

(a)by a committee or sub-committee of the Assembly; or

(b)by a single member of the Assembly.

F127(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

(b)a member of the Assembly, or

(c)a member of staff of the Authority,

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

F128(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Subsections (1) to (3) of section 53 above shall apply in relation to a meeting of a committee or sub-committee of the Assembly as they apply in relation to a meeting of the Assembly.

(8)Subsections (1) to (5) above are subject to any express provision contained in this Act or any Act passed after this Act.

Textual Amendments

Modifications etc. (not altering text)

C35S. 54 excluded (prosp.) by 1999 c. 29, ss. 73(12), 425(2) (with Sch. 12 para. 9(1))

S. 54 excluded (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1988 c. 41, s. 115A(10) (as inserted (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1999 c. 29, s. 131(9) (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4

S. 54 excluded (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1998 c. 18, s. 11A(12) (as inserted (8.5.2000 for specified purposes and 3.7.2000 otherwise) by 1999 c. 29, s. 133(2), Sch. 8 para. 4 (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4

C36S. 54 excluded (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 7 para. 7(5); S.I. 2015/841, art. 3(p) (with Sch. para. 1) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

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

(1)For the purpose of discharging, in pursuance of arrangements under section 54(1)(a) above, any functions exercisable by the Assembly—

(a)the Assembly may appoint a committee of the Assembly (an ordinary committee); and

(b)an ordinary committee may appoint one or more sub-committees (ordinary sub-committees).

(2)Subject to the provisions of this section—

(a)the number of members, and

(b)their term of office,

shall be fixed in the case of an ordinary committee by the Assembly or, in the case of an ordinary sub-committee, by the appointing committee.

(3)An ordinary committee or sub-committee must not include any person who is not an Assembly member.

(4)The Assembly may appoint one or more committees (advisory committees) to advise it on any matter relating to the discharge of its functions.

(5)An advisory committee—

(a)may consist of such persons (whether Assembly members or not) appointed for such term as may be determined by the Assembly; and

(b)may appoint one or more sub-committees (advisory sub-committees) to advise the committee with respect to any matter on which the committee has been appointed to advise.

Modifications etc. (not altering text)

56 Minutes.E+W+S

(1)Minutes of the proceedings of a meeting of the Assembly, or of any committee or sub-committee of the Assembly, shall be kept in such form as the Assembly may determine.

(2)Any such minutes shall be signed at the same or next suitable meeting of the Assembly, committee or sub-committee by the person presiding at that meeting.

(3)Any minute purporting to be signed as mentioned in subsection (2) above shall be received in evidence without further proof.

(4)For the purposes of subsection (2) above, the next suitable meeting of the Assembly, or of a committee or sub-committee of the Assembly, is their next following meeting or, where standing orders of the Authority provide for another meeting to be regarded as suitable, either the next following meeting or that other meeting.

(5)In the application of this section in the case of a meeting of the Assembly under section 52(3) above, minutes includes—

(a)the text of any question put pursuant to section 52(3) above at the meeting, and

(b)the text of the answer given to any such question,

whether the question was put, or the answer given, orally or in writing.

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

(1)Sections 15 to 17 of, and Schedule 1 to, the M25Local Government and Housing Act 1989 (political balance on committees etc) shall have effect in relation to the Assembly, so far as relating to the appointment of members of its committees, as if the Assembly were a relevant authority and its ordinary committees and advisory committees were ordinary or, as the case may be, advisory committees within the meaning of those provisions (and accordingly bodies to which section 15 of that Act applies).

(2)In the case of any committee of the Assembly, the first appointment of members of the committee shall be an occasion on which the duty imposed by subsection (1) of section 15 of that Act arises in relation to the committee.

Marginal Citations

58 Openness.E+W+S

(1)Part VA of the M26Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees) shall have effect as if—

(a)the Assembly were a principal council, and

(b)any committee or sub-committee of the Assembly were a committee or sub-committee of a principal council, within the meaning of that Part,

but with the following modifications.

(2)In the application of Part VA of that Act by subsection (1) above—

(a)any information furnished to the Authority and available to the Assembly shall be treated as information furnished to the Assembly;

(b)any offices of, or belonging to, the Authority shall be treated as also being offices of or belonging to the Assembly; and

(c)the proper officer of the Authority shall be taken to be the proper officer in relation to the Assembly.

(3)In the following provisions of that Act, namely—

(a)section 100A(2) (which requires the exclusion of the public from meetings and makes other provision to prevent disclosure of confidential information in breach of the obligation of confidence), and

(b)section 100D(4) (which prevents the inclusion in a list of documents of any document which would so disclose such information),

any reference to the disclosure (or likelihood of disclosure) of confidential information in breach of the obligation of confidence includes a reference to the disclosure of information of any of the descriptions specified in subsection (4) below without the consent of the relevant body concerned.

(4)The descriptions are—

(a)any information relating to the financial or business affairs of any particular person which was acquired in consequence of a relationship between that person and a relevant body;

(b)the amount of any expenditure proposed to be incurred by a relevant body under any particular contract, if and so long as disclosure would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the relevant body, whether the advantage would arise against the relevant body or another such person;

(c)any terms proposed or to be proposed by or to a relevant body in the course of negotiations for any particular contract, if and so long as disclosure would prejudice the relevant body in those or any other negotiations concerning the subject matter of the contract;

(d)the identity of any person as the person offering any particular tender for a contract for the supply of goods or services to a relevant body;

and in this subsection relevant body means Transport for London F129....

(5)In section 100C of that Act (inspection of minutes and other documents after meetings) any reference to the minutes of a meeting shall, in the case of a meeting of the Assembly under section 52(3) above, be taken to include a reference to—

(a)the text of any question put pursuant to section 52(3) above at the meeting, and

(b)the text of the answer given to any such question,

whether the question was put, or the answer given, orally or in writing.

(6)Nothing in section 100D of that Act (inspection of background papers) requires or authorises the inclusion in any such list as is referred to in subsection (1) of that section of any document which discloses anything which, by virtue of subsection (6) of section 45 above, is not required to be disclosed under subsection (3) or (4) of that section.

(7)In section 100E of that Act (application to committees and sub-committees) subsection (3)(a) shall have effect as if section 55 above were included among the enactments specified in section 101(9) of that Act.

(8)For the purposes of section 100F of that Act (additional rights of access to documents for members of principal councils) any document which is in the possession or under the control of the Authority and which is available to the Assembly shall be treated as a document which is in the possession or under the control of the Assembly.

(9)In the case of the Assembly, the register of members required to be maintained under section 100G(1) of that Act shall, instead of stating the ward or division which a member represents, state—

(a)whether the member is a London member or a constituency member; and

(b)if he is a constituency member, the Assembly constituency for which he is the member.

(10)For the purposes of section 100H(3) of that Act (acts which infringe copyright) the Authority shall be treated as a principal council.

(11)In the application in relation to the Assembly of Schedule 12A to that Act (access to information: exempt information) any reference to the authority includes a reference to the Authority.

Textual Amendments

F129Words in s. 58(4) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

Marginal Citations

General functions of the AssemblyE+W+S

59 Review and investigation.E+W+S

(1)The Assembly shall keep under review the exercise by the Mayor of the statutory functions exercisable by him.

(2)For the purposes of subsection (1) above, the powers of the Assembly include in particular power to investigate, and prepare reports about,—

(a)any actions and decisions of the Mayor,

(b)any actions and decisions of any member of staff of the Authority,

(c)matters relating to the principal purposes of the Authority,

(d)matters in relation to which statutory functions are exercisable by the Mayor, or

(e)any other matters which the Assembly considers to be of importance to Greater London.

60 Proposals to the Mayor.E+W+S

(1)Where the Assembly decides to do so, the Assembly may submit a proposal to the Mayor.

(2)Section 54 above shall not apply in relation to the function of the Assembly under subsection (1) above.

[F13060AConfirmation hearings etc for certain appointments by the Mayor [F131or Mayor's Office for Policing and Crime] E+W

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

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

(3)The offices are—

  • [F132London Fire Commissioner (see section 327A);]

  • [F132person appointed by the Mayor under section 67(1)(b) as the Deputy Mayor for Fire;]

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

  • F133...

  • F134...

  • F135...

  • [F136person appointed to chair a Mayoral development corporation (see paragraph 1 of Schedule 21 to the Localism Act 2011);]

  • [F137Mayor’s representative as chair of the London Waste and Recycling Board (see section 356A below and article 4 of the London Waste and Recycling Board Order 2008);]

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

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

[F138(4)This section also applies in any case where the Mayor's Office for Policing and Crime proposes to make an appointment, under section 19 of the Police Reform and Social Responsibility Act 2011, of a person to be the Deputy Mayor for Policing and Crime.]

[F139(4A)This section also applies in any case where the Mayor proposes to designate as the Deputy Mayor for Fire a person appointed under section 67(1)(b).

(4B)References in section 327H and Schedule 4A to appointment of a person as the Deputy Mayor for Fire (however expressed) include such a designation.]

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

(6)The Secretary of State must consult—

(a)the Mayor, and

(b)the Assembly,

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

Textual Amendments

F130S. 60A inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 4(1), 59(4)(b); S.I. 2008/113, art. 2(a)

F132Words in s. 60A(3) inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 5(2)(a); S.I. 2018/227, art. 2(b)(i)

F135Words in s. 60A(3) omitted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 5(2)(b); S.I. 2018/227, art. 2(b)(i)

F136Words in s. 60A(3) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 47

F139S. 60A(4A)(4B) inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 5(3); S.I. 2018/227, art. 2(b)(i)

Attendance of witnesses and production of documentsE+W+S

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

(1)Subject to section 63 below, the Assembly may require any person to whom subsection (2), (3), (4) or (5) below applies—

(a)to attend proceedings of the Assembly for the purpose of giving evidence, or

(b)to produce to the Assembly documents in his possession or under his control.

(2)This subsection applies to—

(a)any person who is a member of staff of the Authority, or of any functional body, to whom sections 1 [F140 , 2 and 3A ] of the M27Local Government and Housing Act 1989 apply,

(b)any person who is the chairman of, or a member of, any functional body, and

(c)any person who has within the [F1418 years] prior to the date of the requirement to be imposed under subsection (1) above been the chairman of, or a member of, any functional body.

(3)This subsection applies to—

(a)any person who has within the [F1428 years] prior to the date of the requirement to be imposed under subsection (1) above had a contractual relationship with the Authority, and

(b)any person who is a member of, or a member of staff of, a body which has within the [F1438 years] prior to the date of the requirement to be imposed under subsection (1) above had such a relationship.

(4)This subsection applies to—

(a)any person who has within the [F1448 years] prior to the date of the requirement to be imposed under subsection (1) above received a grant from the Authority, and

(b)any person who is a member of, or a member of staff of, a body which has within the [F1458 years] prior to the date of the requirement to be imposed under subsection (1) above received such a grant.

(5)This subsection applies to—

(a)any person who is an Assembly member,

(b)any person who has within the [F1468 years] prior to the date of the requirement to be imposed under subsection (1) above been an Assembly member, and

(c)any person who has within the [F1478 years] prior to the date of the requirement to be imposed under subsection (1) above been the Mayor.

(6)A requirement imposed under subsection (1) above on a person falling within subsection (2) above—

(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with matters in relation to which statutory functions are exercisable by the Authority or any functional body, and

(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to those matters.

(7)A requirement imposed under subsection (1) above on a person falling within subsection (3) above—

(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the contractual relationship with the Authority, and

(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that contractual relationship.

(8)A requirement imposed under subsection (1) above on a person falling within subsection (4) above—

(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the grant received from the Authority, and

(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that grant.

(9)A requirement imposed under subsection (1) above on a person falling within subsection (5) above—

(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the exercise by the person attending of the functions of the Authority, and

(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to the exercise of those functions by that person.

(10)Nothing in this section shall require a person appointed under section 67(1) or (2) [F148, 72(1), 73(1) or 127A(1) ] below to—

(a)give any evidence, or

(b)produce any documents,

which disclose advice given by that person to the Mayor.

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

(a)a member of a functional body, or

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

to give any evidence, or produce any document, which discloses advice given to the Mayor by that person or[F149, except as provided by subsection (12) below,] by that functional body.

(12)[F150Subsection (11) above does not relieve a person from a requirement to give any evidence, or produce any document, which discloses advice given to the Mayor by—

F151(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the London Fire and Emergency Planning Authority,

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

(13)[F150Advice given to the Mayor by a functional body falls within this subsection if it has been disclosed—

(a)at a meeting of, or of a committee or sub-committee of, the functional body at a time when the meeting was open to members of the public by virtue of Part VA of the M28Local Government Act 1972 (access to meetings and documents); or

(b)in a document which has been open to inspection by members of the public by virtue of that Part of that Act.]

(14)For the purposes of this section and sections 62 to 65 below—

(a)document means anything in which information is recorded in any form (and references to producing a document are to the production of the information in it in a visible and legible form, including the production of a copy of the document or an extract of the relevant part of the document),

(b)any reference to a member of staff of a body includes a reference to an officer or employee of that body, and

(c)any reference to proceedings is a reference to proceedings at a meeting.

Textual Amendments

F141Words in s. 61(2)(c) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(a), 59(7); S.I. 2008/113, art. 2(a)

F142Words in s. 61(3)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(b), 59(7); S.I. 2008/113, art. 2(a)

F143Words in s. 61(3)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(b), 59(7); S.I. 2008/113, art. 2(a)

F144Words in s. 61(4)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(c), 59(7); S.I. 2008/113, art. 2(a)

F145Words in s. 61(4)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(c), 59(7); S.I. 2008/113, art. 2(a)

F146Words in s. 61(5)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(d), 59(7); S.I. 2008/113, art. 2(a)

F147Words in s. 61(5)(c) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(d), 59(7); S.I. 2008/113, art. 2(a)

F148Words in s. 61(10) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(3), 59(7); S.I. 2008/113, art. 2(a)

F149Words in s. 61(11) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 6(2)

F150S. 61(12)(13) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 6(3)

Modifications etc. (not altering text)

C40S. 61(14) applied (with modifications) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 33(9)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

Marginal Citations

62 Procedure for requiring attendance.E+W+S

(1)The powers of the Assembly under section 61(1) above may be exercised by and for the purposes of an ordinary committee of the Assembly, if the committee is expressly authorised to exercise those powers by the standing orders or by the Assembly, but may not be exercised by any individual Assembly member or by any member of staff of the Authority.

(2)Except in the case of a committee which is authorised by standing orders to exercise the powers of the Assembly under section 61(1) above, section 54 above shall not apply in relation to—

(a)the Assembly’s function of deciding to exercise its powers under section 61(1) above; or

(b)the Assembly’s function under subsection (1) above of authorising a committee to exercise those powers.

(3)In order to impose a requirement on a person under section 61(1) above the head of the Authority’s paid service must give him notice specifying—

(a)the time and place at which he is to attend and the matters about which he is to be required to give evidence, or

(b)the documents, or types of documents, which he is to produce, the date by which he is to produce them and the matters to which the document or documents relate.

(4)Where a requirement under section 61(1) above is imposed on a person to attend proceedings or produce documents on behalf of a body, the notice required to be given to him under subsection (3) above must also specify that body.

(5)A notice required by subsection (3) above to be given to a person must be given at least two weeks before the day on which the proceedings are to take place, or by which the documents are to be produced, unless he waives this right.

(6)A notice required by subsection (3) above to be given to a person shall be taken to have been given to him if it is sent by registered post or the recorded delivery service and—

(a)if he is a member of staff of the Authority or the chairman of, a member of, or a member of staff of a functional body, it is sent to his normal place of work,

(b)if he is a person required to attend proceedings or produce documents on behalf of a body, it is sent to the registered or principal office of the body,

(c)if he is any other individual, it is sent to his usual or last known address, or

(d)in the case of any person, where that person has given an address for service of the notice, it is sent to that address.

Modifications etc. (not altering text)

C41S. 62(3)-(6) applied (with modifications) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 33(9)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

63 Restriction of information.E+W+S

The Secretary of State may by order—

(a)prescribe categories of information which a person who is required under subsection (1)(a) of section 61 above to attend proceedings of the Assembly may refuse to give, or

(b)prescribe categories of documents which a person who is required under subsection (1)(b) of that section to produce documents may refuse to produce.

Modifications etc. (not altering text)

Commencement Information

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

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

(1)A person to whom a notice under section 62(3) above has been given is guilty of an offence if he—

(a)refuses or fails, without reasonable excuse, to attend proceedings as required by the notice,

(b)refuses to answer any question which is properly put to him when attending any proceedings as required by the notice,

(c)refuses or fails, without reasonable excuse, to produce any document required by the notice to be produced by him, or

(d)intentionally alters, suppresses, conceals or destroys any document required by the notice to be produced by him.

(2)A person guilty of an offence under subsection (1) above is liable on summary conviction to—

(a)a fine not exceeding level 5 on the standard scale, or

(b)imprisonment for a term not exceeding three months.

(3)A person is not obliged by section 61 above to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.

Modifications etc. (not altering text)

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

(1)In its application by virtue of section 58 above, Part VA of the M29Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), so far as relating to any proceedings under section 61(1) above (the evidentiary proceedings), shall have effect with the following additional modifications.

(2)In section 100B (access to agenda and connected reports) any reference to a report for a meeting includes a reference to any document (other than the agenda) supplied before, and for the purposes of, the evidentiary proceedings (a relevant document).

(3)If a report or relevant document is supplied less than three clear days before the evidentiary proceedings, copies of the report or document shall be open to inspection by the public under subsection (1) of that section from the time such copies are available to Assembly members, notwithstanding anything in subsection (3) of section 100B.

(4)In section 100C (inspection of minutes and other documents after meetings)—

(a)any reference to the minutes of a meeting shall be taken to include a reference to a transcript or other record of evidence given in the course of the evidentiary proceedings; and

(b)any reference to a report for the meeting includes a reference to a relevant document.

(5)In section 100D (inspection of background papers) any reference in subsections (1) to (4) to background papers for a report (or part of a report) shall be taken as a reference to any additional documents supplied by a witness.

(6)In this section, additional documents supplied by a witness means documents supplied, whether before, during or after the evidentiary proceedings,—

(a)by a person attending to give evidence at the proceedings, and

(b)for the use of Assembly members in connection with the proceedings,

but does not include any document which is a relevant document.

(7)In section 100F (additional rights of access for members) subsections (2) to (4) shall not have effect in relation to documents which contain material relating to any business to be transacted at the evidentiary proceedings.

(8)In section 100H (supplemental provisions and offences) in subsection (6), in the definition of accessible documents—

(a)the reference in paragraph (d) to a report for the meeting includes a reference to a relevant document; and

(b)the reference in paragraph (e) to background papers for a report for a meeting shall be taken as a reference to any additional documents supplied by a witness.

Modifications etc. (not altering text)

Marginal Citations

[F152Annual reportE+W

Textual Amendments

F152S. 65A and cross-heading inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 6, 59(7); S.I. 2008/113, art. 2(a)

65AAnnual report by the AssemblyE+W

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

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

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

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

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

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

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

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

Ethical standardsE+W+S

F15366 The Secretary of State’s guidance on ethical standards.E+W+S

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

Textual Amendments

StaffE+W+S

67 Appointment.E+W+S

(1)The Mayor may appoint—

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

(b)not more than [F154eleven] other members of staff.

[F155(2)The head of the Authority's paid service, after consultation with the Mayor and the Assembly, and having regard, in particular, to—

(a)the resources available, and

(b)the priorities of the Authority,

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

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

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

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

(a)the name of the person appointed,

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

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

(6)Section 7 of the M30Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any appointment under subsection (1)(b) or (2) above as if the Authority were a local authority.

(7)Section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to staff appointed under subsection (1) or (2) above as if the Authority were a relevant authority.

(8)Section 9(1), (9) and (11) of that Act (assistants for political groups) shall apply in relation to any appointment under subsection (1)(a) above as if—

(a)the Authority were a relevant authority; and

(b)any appointment to either of the posts in question were the appointment of a person in pursuance of that section.

Textual Amendments

F154Word in s. 67(1)(b) substituted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 7; S.I. 2018/227, art. 2(b)(i)

Marginal Citations

68 Disqualification and political restriction.E+W+S

(1)The following provisions of the M31Local Government and Housing Act 1989, namely—

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

(b)sections 2 [F156 and 3A ] (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of that section,

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

(2)The bodies are—

(a)the Authority;

(b)Transport for London;

[F157(ba)a Mayoral development corporation.]

F158(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person employed by the Authority by virtue of his appointment under section 67(1)(b) above shall not, by virtue only of subsections (1) and (2) above, be disqualified from being or becoming an unpaid member of Transport for London [F159or a Mayoral development corporation] F160....

[F161(3A)Subsections (1) and (2) above do not prevent a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire, from becoming or remaining a member of the Assembly or any other local authority within the meaning of sections 1, 2 and 3A of the Local Government and Housing Act 1989.]

(4)For the purposes of subsection (3) above, the unpaid members of any body are those members of the body who do not receive any remuneration (whether from the body, the Authority or any other source) which they would not receive if they were not members of the body.

(5)In section 2(3) of that Act, as it has effect in relation to the Authority by virtue of subsections (1) and (2)(a) above, any reference to the authority shall be taken to include a reference to the Mayor and a reference to the Assembly.

(6)In section 2 of that Act, so far as it has effect for the purposes of section 1 of that Act, the expression the statutory chief officers shall be taken to include a reference to the chief finance officer, within the meaning of section 127 below,—

(a)of Transport for London, [F162and

(aa)of a Mayoral development corporation,] F163...

F163(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

whether he is an officer, employee, member of staff or member of Transport for London [F164or, as the case may be, a Mayoral development corporation] F165....

[F166(6A)In the application of section 2 of that Act in relation to a Mayoral development corporation by virtue of subsections (1) and (2) above, any reference to the person designated under section 4 of that Act as its head of paid service is to be taken as a reference to the chief executive of the Mayoral development corporation.]

F167(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F157S. 68(2)(ba) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 48(2)

F159Words in s. 68(3) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 48(3)

F160Words in s. 68(3) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

F161S. 68(3A) inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 8; S.I. 2018/227, art. 2(b)(i)

F162S. 68(6)(aa) and word inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 48(4)(a)

F163S. 68(6)(b) and word repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

F164Words in s. 68(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 48(4)(b)

F165Words in s. 68(6) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

Marginal Citations

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

In section 80 of the M32Local Government Act 1972 (disqualification for election and holding office as member of a local authority) after subsection (2) there shall be inserted—

(2AA)A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes—

(a)one or more persons appointed on the nomination of the Authority acting by the Mayor, and

(b)one or more members of one or more London borough councils appointed to the committee on the nomination of those councils,

shall be disqualified for being elected or being a member of any of those London borough councils.

Marginal Citations

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

(1)A person appointed under section 67(1) above shall be employed on such terms and conditions (including conditions as to remuneration) as the Mayor thinks fit, within the financial resources available to the Authority.

(2)A person appointed under section 67(2) above shall be employed on such terms and conditions (including conditions as to remuneration) [F168as the head of the Authority's paid service, after consultation with the Mayor and the Assembly, thinks fit].

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

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

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

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

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

(5)Those requirements are that the person—

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

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

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

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

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

(7)For the purposes of subsection (4)(b) above, any question whether a person holds a politically restricted post under the Authority shall be determined in accordance with sections 2 [F169 and 3A ] of the M33Local Government and Housing Act 1989 (politically restricted posts) as those sections have effect for the purposes of section 1 of that Act by virtue of section 68(1) above.

[F170(7A)Subsection (3) does not prevent—

(a)a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or

(b)a person appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire,

from being required to perform any work or services as an Assembly member.]

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

Textual Amendments

F168Words in s. 70(2) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(2), 59(7) (with s. 7(5)-(7)); S.I. 2008/113, art. 2(a)

F170S. 70(7A) inserted (E.W.) (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 9; S.I. 2018/227, art. 2(b)(i)

Modifications etc. (not altering text)

C45Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

C46Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

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

Section 117 of the M34Local Government Act 1972 (disclosure by officers of interests in contracts) shall apply in relation to employees of the Authority as if the Authority were a local authority and its employees were officers employed by that local authority.

Modifications etc. (not altering text)

C47Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

C48Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

72 Head of paid service.E+W+S

[F171(1)The Mayor and the Assembly, acting jointly, shall appoint a person to be head of the Authority's paid service.

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

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

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

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

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

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

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

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

[F172(2)A person must not at the same time be both—

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

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

(3)In the application of section 4 of the M35Local Government and Housing Act 1989 in relation to the Authority by virtue of [F173subsection (1A)] above, the following provisions shall have effect.

F174(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)so far as relating to the provision of staff, [F175shall be discharged by the head of the Authority's paid service after consultation with the Mayor and the Assembly]; and

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

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

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

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

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

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

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

and the reference in that subsection to section 101 of the M36Local Government Act 1972 (delegation) shall be taken as a reference to section 54 above.

(10)In considering any such report at any such meeting, the Assembly shall take account of any views on the report which have been expressed by the Mayor in a statement submitted under subsection (9)(a) above.

[F176(11)The head of the Authority's paid service may arrange for a member of staff of the Authority, other than a member of staff appointed under section 67(1) above, to exercise on his behalf any function exercisable by the head of paid service under section 67(2) or 70(2) above.]

Textual Amendments

F171S. 72(1)-(1C) substituted (E.W.) for s. 72(1) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(2), 59(7) (with s. 8(7)-(9)); S.I. 2008/113, art. 2(a)

F173Words in s. 72(3) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(4), 59(7) (with s. 8(7)-(9)); S.I. 2008/113, art. 2(a)

F175Words in s. 72(5)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(3), 59(7) (with s. 7(5)-(7)); S.I. 2008/113, art. 2(a)

Modifications etc. (not altering text)

C49Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

73 Monitoring officer.E+W+S

[F177(1)The Mayor and the Assembly, acting jointly, shall appoint a person to be the Authority's monitoring officer.

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

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

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

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

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

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

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

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

[F178(2)A person must not at the same time be both—

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

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

(3)In the application of section 5 of the M37Local Government and Housing Act 1989 in relation to the Authority by virtue of [F179subsection (1A)] above, the following provisions shall have effect.

F180(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)so far as relating to the provision of staff, [F181shall be discharged by the head of the Authority's paid service after consultation with the Mayor and the Assembly]; and

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

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

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

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

(b)any such maladministration or [F182 failure ] as is mentioned in Part III of the M38Local Government Act 1974 (Local Commissioners),

[F183(ba)a Mayoral development corporation, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]

to prepare a report to the Mayor and the Assembly with respect to that proposal, decision or omission.

In this subsection GLA body or person means—

(a)the Greater London Authority;

(b)Transport for London, when exercising any function of the Greater London Authority by virtue of section 38 of the Greater London Authority Act 1999;

F184(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F185(ca)the Homes and Communities Agency, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]

(d)the Mayor of London;

(e)the London Assembly;

(f)any committee or sub-committee of the London Assembly;

(g)any committee or sub-committee of Transport for London F184... when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 F184... of the Greater London Authority Act 1999;

[F186(ga)any committee or sub-committee of a Mayoral development corporation when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]

[F187(gb)any committee or sub-committee of the Homes and Communities Agency when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]

(h)any joint committee to which the Mayor of London has power to appoint members (whether or not the power is the subject of an authorisation under section 38(1) of the Greater London Authority Act 1999);

(j)the Deputy Mayor of London;

(k)any member of the London Assembly;

(l)any member of staff of the Greater London Authority;

(m)any member, or member of staff, of Transport for London F184... when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 F184... of the Greater London Authority Act 1999;

[F188(ma)any member, or member of staff, of a Mayoral development corporation when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]

[F189(mb)any member, or member of staff, of the Homes and Communities Agency when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;]

and in the above definition of GLA body or person any reference to a member of staff of a body includes a reference to an officer or employee of that body.

(7)The duties imposed on the Authority by subsection (5) (to consider any report and to ensure that during the period of suspension no step is taken for giving effect to any proposal or decision to which the report relates)—

(a)so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor (or, by virtue of an authorisation under section 38(1) above [F190or section 380 below], by a GLA body or person), shall be discharged by the Mayor;

(b)so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Assembly (or, by virtue of arrangements under section 54 above, by a GLA body or person), shall be discharged by the Assembly; and

(c)so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor and the Assembly acting jointly, shall be discharged separately—

(i)by the Mayor, as if the case fell within paragraph (a) above, and

(ii)by the Assembly, as if the case fell within paragraph (b) above.

(8)Accordingly—

(a)in its application in relation to the Mayor by virtue of subsection (7)(a) or (c)(i) above, paragraph (a) of subsection (5) shall have effect with the substitution for the words “ at a meeting held not more than ” of within; and

(b)in the application of that paragraph by virtue of subsection (7)(b) or (c)(ii) above, the meeting required to be held shall be a meeting of the Assembly.

(9)In paragraph (b) of subsection (5), the reference to section 115 of the M39Local Government and Housing Act 1989 (duties in respect of conduct involving contraventions of financial obligations) shall include a reference to section 115A of that Act (which is inserted by section 131(9) below and makes provision in relation to the Mayor and the Assembly).

(10)Where by virtue of subsection (7) above the Mayor or the Assembly is under a duty to consider a report, the Mayor or the Assembly in discharging that duty shall take account of any views on the report which have been expressed by the other of them in a statement submitted—

(a)by the Assembly to the Mayor; or

(b)by the Mayor to the Chair of the Assembly.

(11)Standing orders of the Authority shall make provision for or in connection with—

(a)the period within which any statement by virtue of subsection (10) above must be submitted;

(b)the consideration of any such statement by the Mayor or, as the case may be, the Assembly;

(c)the period within which any meeting of the Assembly required by subsection (5) by virtue of subsection (7)(b) or (c)(ii) above must, or must not, be held.

(12)Neither section 38 above [F191, section 54 above nor section 380 below] shall apply in relation to the duty imposed on the Mayor or the Assembly by virtue of subsection (7) above to consider a report.

Textual Amendments

F177S. 73(1)-(1C) substituted for s. 73(1) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(2), 59(7) (with s. 9(6)-(8)); S.I. 2008/113, art. 2(a)

F179Words in s. 73(3) substituted (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(4), 59(7) (with s. 9(6)-(8)); S.I. 2008/113, art. 2(a)

F181Words in s. 73(5)(a) substituted (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(4), 59(7) (with s. 7(5)-(7)); S.I. 2008/113, art. 2(a)

F183Words in s. 73(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 49(2)

F184Words in s. 73(6) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

F185Words in s. 73(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 38(2); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F186Words in s. 73(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 49(3)

F187Words in s. 73(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 38(3); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F188Words in s. 73(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 49(4)

F189Words in s. 73(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 38(4); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F190Words in s. 73(7)(a) inserted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 5(1)(3)

F191Words in s. 73(12) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 5(1)(4)

Modifications etc. (not altering text)

C50Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

C51Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

C52S. 73(6) applied (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(7), 240(2); S.I. 2012/1463, art. 2(f)

Marginal Citations

General local authority provisionsE+W+S

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

(1)Part III of the M40Local Government Act 1974 (local government administration) shall be amended as follows.

(2)In section 25(1) (authorities to which the Part applies) after paragraph (a) there shall be inserted—

(aaa)the Greater London Authority;.

(3)In section 25, after subsection (4) (which extends references to certain authorities to include their members, committees, etc) there shall be inserted—

(4A)Any reference to an authority to which this Part of this Act applies also includes, in the case of the Greater London Authority, a reference to each of the following—

(a)the London Assembly;

(b)any committee of the London Assembly;

(c)any body or person exercising functions on behalf of the Greater London Authority.

(4)In section 30 (reports on investigations) after subsection (2) there shall be inserted—

(2AA)If the authority concerned is the Greater London Authority—

(a)the duty imposed by subsection (1)(c) above shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly; and

(b)in a case falling within subsection (2) above, the duty imposed by that subsection shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly.

(5)After subsection (3) of that section (which restricts the naming or identification of persons) there shall be inserted—

(3AA)Nothing in subsection (3) above prevents a report—

(a)mentioning the name of, or

(b)containing particulars likely to identify,

the Mayor of London or any member of the London Assembly.

(6)After subsection (7) of that section there shall be added—

(8)Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority (other than functions exercisable by or in relation to the proper officer of the Authority) shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to the proper officer or a member of the authority concerned) shall be construed accordingly.

(7)In section 31 (reports on investigations: further provisions) after subsection (3) there shall be added—

(4)Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.

(8)In section 31A (consideration of adverse reports) in subsection (6) (which provides that section 25(4) and (5) do not apply) after 25(4) there shall be inserted “ , (4A) ”.

(9)After subsection (6) of that section there shall be inserted—

(7)Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.

(10)In section 34(1) (interpretation of Part III) in the definition of member, after the word member, there shall be inserted—

(a)in relation to the Greater London Authority, means—

(i)the Mayor of London,

(ii)the Deputy Mayor, or

(iii)a member of the London Assembly;

(b);

and before the words in relation to a National Park Authority there shall be inserted “ (c) ”.

Modifications etc. (not altering text)

C53Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

C54Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

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

(1)For the purposes of the provisions of the M41Local Government Act 1972 specified in subsection (2) below, the Authority shall be treated as if it were a local authority which is a principal council and the Mayor shall be treated as if he were the chairman of such an authority.

(2)The provisions are—

(a)section 224 (arrangements by principal councils for custody of documents);

(b)section 225 (deposit of documents with proper officer of authority etc);

(c)section 228 (inspection of documents);

(d)section 229 (photographic copies of documents);

(e)section 230 (reports and returns);

(f)section 231 (service of notices on local authorities etc);

(g)section 232 (public notices);

(h)section 233 (service of notices by local authorities);

(i)section 234 (authentication of documents).

(3)In the application of any enactment in relation to the Authority by virtue of subsection (1) above, any reference to the proper officer shall be taken as a reference to the proper officer of the Authority, within the meaning of this Act.

Modifications etc. (not altering text)

C55Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

C56Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

76 Byelaws.E+W+S

(1)Section 236 of the M42Local Government Act 1972 (procedure for byelaws) shall be amended as follows.

(2)In subsection (1) after “and to byelaws made by a local authority,” there shall be inserted “ the Greater London Authority ”.

(3)After subsection (10A) there shall be inserted—

(10B)The Greater London Authority shall send a copy of every byelaw made by the Authority, and confirmed, to each London borough council and the Common Council.

Marginal Citations

Bills in ParliamentE+W+S

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

(1)The Authority may—

(a)promote a local Bill in Parliament for any purpose which is for the public benefit of the inhabitants of, or of any part of, Greater London; or

(b)oppose any local Bill in Parliament which affects any such inhabitants.

(2)Section 70 of the M43Local Government Act 1972 (prohibition on promoting Bills for changing local government areas etc) shall have effect in relation to the Authority as it has effect in relation to a local authority.

(3)The functions conferred on the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(4)The functions conferred on the Authority by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 5 to this Act.

(5)Before exercising the functions conferred on the Authority by subsection (1)(b) above, the Mayor shall consult the Assembly.

(6)No payment shall be made by the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) to the Mayor or an Assembly member for acting as counsel or agent in promoting or opposing a Bill under this section.

(7)A London borough council or the Common Council may contribute towards the expenses of the Authority in promoting a local Bill in Parliament.

Marginal Citations

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

(1)A local Bill promoted in Parliament by a London local authority may include provisions requested by the Authority.

(2)Subsection (1) above applies only if the Authority confirms the request in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.

(3)If the Authority does not confirm the request as required by subsection (2) above, it shall give notice of that fact to the London local authority promoting the Bill.

(4)Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested also by other London local authorities under section 87 of the M44Local Government Act 1985, of those provisions so far as relating to the Authority.

(5)The functions conferred or imposed on the Authority by subsections (1) to (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(6)Before exercising the functions conferred on the Authority by subsection (1) or (2) above, the Mayor shall consult the Assembly.

(7)If, in accordance with this section, the Authority requests the inclusion of provisions in a Bill promoted by a London local authority, the Authority may contribute towards the expenses of the London local authority in connection with the Bill.

(8)In consequence of the other provisions of this section, in section 87(3) of the M45Local Government Act 1985 (consequences of non-confirmation of requests by London local authorities for inclusion of provisions in Bills promoted by others) after other councils there shall be inserted “ , or by the Greater London Authority under section 78 of the Greater London Authority Act 1999, ”.

(9)In this section London local authority means—

(a)a London borough council; or

(b)the Common Council.

Marginal Citations

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

(1)A local Bill promoted in Parliament by a London local authority may include provisions which affect the exercise of statutory functions by the Authority or any of the functional bodies.

(2)Subsection (1) above applies only if the Authority—

(a)gives its written consent; and

(b)confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.

(3)If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to the London local authority promoting the Bill.

(4)Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested by other London local authorities under section 87 of the M46Local Government Act 1985, of those provisions so far as relating to the Authority or the functional body concerned.

(5)The functions conferred or imposed on the Authority by subsections (2) and (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(6)Before exercising the functions conferred on the Authority by subsection (2)(a) or (b) above, the Mayor shall consult the Assembly.

(7)Nothing in this section applies in relation to provisions requested under section 78 above.

(8)In this section London local authority means—

(a)a London borough council; or

(b)the Common Council.

Marginal Citations

ContractsE+W+S

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

In Schedule 2 to the M47Local Government Act 1988 (which specifies the public authorities to which section 17 of that Act applies) after the entry A local authority there shall be inserted—

The Greater London Authority.

Marginal Citations

Part IIIU.K. Financial Provisions

Chapter IE+W+S Council Tax

Different categories of dwellingsE+W

81 Amounts for different categories of dwellings.E+W

In section 30 of the M48Local Government Finance Act 1992 (amounts for different categories of dwellings) there shall be added at the end—

(10)Where the major precepting authority in question is the Greater London Authority, subsections (2)(b) and (4) above shall have effect as if the references to sections 43 to 47 below were references to the appropriate Greater London provisions.

(11)In this section, the appropriate Greater London provisions means—

(a)sections 85 to 90 of the Greater London Authority Act 1999 and section 47 below; or

(b)in the case of calculations by way of substitute, sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and section 47 below.

Commencement Information

I9S. 81 wholly in force at 12.1.2000; s. 81 not in force at Royal Assent see s. 425(2); s. 81 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

PreceptsE+W+S

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

(1)Section 39 of the M49Local Government Finance Act 1992 (precepting and precepted authorities) shall be amended as follows.

(2)In subsection (1) (major precepting authorities) after paragraph (a) there shall be inserted—

(aa)the Greater London Authority;.

(3)Paragraphs (e) and (f) of that subsection (which relate to the London Fire and Civil Defence Authority and the Receiver for the Metropolitan Police District) shall cease to have effect.

Commencement Information

I10S. 82 partly in force; s. 82 not in force at Royal Assent see s. 425(2); s. 82(1)(2) in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1); s. 82(3) in force for certain purposes at 12.1.2000 by S.I. 1999/3434, art. 2; s. 82(3) in force (1.1.2001) in so far as not already in force by S.I. 2000/3379, art. 2(a) (subject to transitional provisions in art. 3)

Marginal Citations

83 Issue of precepts.E+W

In section 40 of the M50Local Government Finance Act 1992 (issue of precepts by major precepting authorities) there shall be added at the end—

(9)Where the precepting authority is the Greater London Authority, this section shall have effect with the following modifications—

(a)in subsection (2)(a), for the reference to sections 43 to 47 below there shall be substituted a reference to the appropriate Greater London provisions;

(b)in subsection (3), for the reference to sections 43 to 47 below there shall be substituted a reference to the appropriate Greater London provisions;

(c)in subsection (6), for the reference to item T in section 44(1) below there shall be substituted a reference to item T in section 88(2) of the Greater London Authority Act 1999; and

(d)also in subsection (6), for the reference to item TP in section 45(3) below there shall be substituted a reference to item TP2 in section 89(4) of that Act.

(10)In this section, the appropriate Greater London provisions means—

(a)sections 85 to 90 of the Greater London Authority Act 1999 and section 47 below; or

(b)in the case of calculations by way of substitute, sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and section 47 below.

Commencement Information

I11S. 83 wholly in force at 12.1.2000; s. 83 not in force at Royal Assent see s. 425(2); s. 83 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

84 Substituted precepts.E+W+S

(1)Section 42 of the M51Local Government Finance Act 1992 (substitute precepts) shall be amended as follows.

(2)In subsection (1) (duty to issue substitute precepts on making of substitute calculations under certain provisions specified in paragraph (b)) in paragraph (b), after section 51 below there shall be inserted “ or section 95 of the Greater London Authority Act 1999 ”.

Marginal Citations

Budget requirementsE+W+S

85 Calculation of component and consolidated [F192council tax] requirements.E+W

(1)Section [F19342A] of the M52Local Government Finance Act 1992 shall not apply in relation to the Authority, and the following provisions of this section and section 86 below shall have effect in relation to the Authority in place of that section.

(2)In relation to each financial year, the Authority shall make the calculations required by this section.

(3)The Authority must, in the case of each constituent body, that is to say—

(a)[F194the Authority, and]

[F194the Assembly,

(aa)the Mayor, and]

(b)each of the functional bodies,

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

[F195(3A)In subsection (3) above—

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

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

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

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

(a)the expenditure the Authority estimates [F196the body will incur] [F196 will be incurred by the body ] in the year in performing its functions and [F197will charge] [F197 will be charged ] to a revenue account for the year [F198in accordance with proper practices] [F199 (but, in the case of the Mayor or the Assembly, see also subsections (10) to (13)) ];

(b)such allowance as the Authority estimates will be appropriate for contingencies in relation to [F200amounts to be charged or credited] to a revenue account for the year [F201in accordance with proper practices];

(c)the financial reserves which the Authority estimates it will be [F202appropriate for the body to raise] [F202 appropriate to be raised by or in respect of the body ] in the year for meeting the body’s estimated future expenditure; and

(d)such of [F203the body’s financial reserves] [F203 the financial reserves of, or in respect of, the body ] as are sufficient to meet so much of the amount estimated by the Authority to be a [F204revenue account deficit of the body] [F204 revenue account deficit of or in respect of the body ] for any earlier financial year as has not already been provided for.

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

[F205(a)the income which the Authority estimates will accrue to or for the body in the year and which will be credited to a revenue account for the year in accordance with proper practices, other than income which the Authority estimates will accrue in respect of any precept issued by it;]

(b)the amount of the body’s financial reserves which the Authority estimates [F206that the body will use] [F206 will be used by or in respect of the body ] in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (4) above.

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

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

(b)the amount so calculated shall be the body’s component [F207council tax] requirement for the year.

(7)If, in the case of any constituent body, the aggregate calculated under subsection (4) above does not exceed that calculated under subsection (5) above, the body’s component [F208council tax] requirement for the year shall be nil.

(8)The Authority must also calculate the aggregate of the component [F209council tax] requirements of each of the constituent bodies and that aggregate shall be the Authority’s consolidated [F209council tax] requirement for the year.

F210(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F211(10)Subsections (11) to (13) below have effect for the purposes of the budgetary provisions in their application in relation to the Mayor and the Assembly in their capacity as constituent bodies.

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

(a)the Assembly members,

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

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

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

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

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

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

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

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

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

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

(14)In this section—

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

  • the Assembly's functions” means—

    (a)

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

    (b)

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

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

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

Textual Amendments

F192Words in s. 85 heading substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(2), 240(2); S.I. 2011/2896, art. 2(g)

F193Word in s. 85(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(3), 240(2); S.I. 2011/2896, art. 2(g)

F194S. 85(3)(a)(aa) substituted (E.W.) for s. 85(3)(a) (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(2), 59(4); S.I. 2007/3107, art. 3

F195S. 85(3A) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(3), 59(4); S.I. 2007/3107, art. 3

F196Words in s. 85(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(4)(a), 59(4); S.I. 2007/3107, art. 3

F197Words in s. 85(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(4)(b), 59(4); S.I. 2007/3107, art. 3

F198Words in s. 85(4)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(4)(a), 240(2); S.I. 2011/2896, art. 2(g)

F199Words in s. 85(4)(a) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(4)(c), 59(4); S.I. 2007/3107, art. 3

F200Words in s. 85(4)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(4)(b)(i), 240(2); S.I. 2011/2896, art. 2(g)

F201Words in s. 85(4)(b) inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(4)(b)(ii), 240(2); S.I. 2011/2896, art. 2(g)

F202Words in s. 85(4)(c) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(5), 59(4); S.I. 2007/3107, art. 3

F203Words in s. 85(4)(d) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(6)(a), 59(4); S.I. 2007/3107, art. 3

F204Words in s. 85(4)(d) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(6)(b), 59(4); S.I. 2007/3107, art. 3

F205S. 85(5)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(5), 240(2); S.I. 2011/2896, art. 2(g)

F206Words in s. 85(5)(b) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(8), 59(4); S.I. 2007/3107, art. 3

F207Words in s. 85(6)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(6), 240(2); S.I. 2011/2896, art. 2(g)

F208Words in s. 85(7) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(7), 240(2); S.I. 2011/2896, art. 2(g)

F209Words in s. 85(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(8), 240(2); S.I. 2011/2896, art. 2(g)

F211S. 85(10)-(15) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(10), 59(4); S.I. 2007/3107, art. 3

Modifications etc. (not altering text)

C57S. 85 modified (E.) (5.2.2000) by S.I. 2000/213, art. 6

S. 85 modified (2.2.2001 with effect as mentioned in reg. 1(3) of the amending S.I.) by S.I. 2001/216, reg. 6

C58S. 85 modified (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 (S.I. 2006/247), regs. 1(1), 6

C59S. 85 modified (with application in accordance with reg. 1(2)(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2007 (S.I. 2007/227), regs. 1(1)(b), 7

C60S. 85 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008 (S.I. 2008/227), regs. 1(1)(b), 7

C61S. 85 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2009 (S.I. 2009/206), regs. 1(1)(b), 7

C62S. 85 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2010 (S.I. 2010/219), regs. 1(b), 7

C63S. 85 modified (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2011 (S.I. 2011/313), regs. 1(1)(b), 7

Commencement Information

I12S. 85 wholly in force at 12.1.2000; s. 85 not in force at Royal Assent see s. 425(2); s. 85 in force at 12.1.2000 by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

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

(1)An amount must not be brought into account under subsection (4) or (5) of section 85 above in the application of the subsection in relation to [F212the Authority] [F212 the Mayor or the Assembly ] as a constituent body if the amount (or an amount which represents it) falls to be brought into account under the same subsection in its application in relation to [F213 the other of them or ] a functional body.

[F214(1A)In making any calculation under subsection (4) of section 85 above the Authority shall ignore payments which must be met from a trust fund.

(1B)In estimating under subsection (4)(a) of section 85 above—

(a)in the case of any functional body, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in respect of the body under section 43(1) of the Local Government Act 2003 or in paying any BID levy for which the body is liable, and

(b)in the case of the Mayor, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in respect of the Authority under section 43(1) of the Local Government Act 2003 or in paying any BID levy for which the Authority is liable.]

[F215(1C)In estimating under subsection (4)(a) of section 85 above—

(a)in the case of the Mayor, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year by the Authority in making any repayments of grants or other sums paid to the Authority by the Secretary of State, and

(b)in the case of a functional body, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in making by or in respect of the body any repayments of grants or other sums paid to or for the body by the Secretary of State.]

(2)In estimating under subsection (4)(a) of section 85 above in the case of any constituent body other than the [F216Mayor's Office for Policing and Crime], the Authority shall take into account the amount of any levy issued to the body for the year, but (except as provided by regulations under section 74 of the M53Local Government Finance Act 1988) shall not anticipate a levy not issued.

[F217(2A)For the purposes of subsection (2) above, any levy issued to the Authority shall be treated as a levy issued to the Mayor.]

[F218(2B)In estimating under subsection (4)(a) of section 85 above in the case of the Mayor, the Authority shall take into account the amount of any expenditure which the Authority estimates it will incur in the year in pursuance of regulations under section 99(3) of the Local Government Finance Act 1988.]

F219(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of subsection (4)(c) of section 85 above a body’s estimated future expenditure is—

(a)that which the Authority estimates [F220the body will incur] [F220 will be incurred by ] in the financial year following the year in question, [F221will charge] [F221 will be charged ] to a revenue account for the year and [F222will have to defray] [F222 will have to be defrayed ] in the year before the following sums are sufficiently available, namely, sums—

(i)which will be [F223payable to it] [F223 payable to or for it ] for the year; and

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

(b)that which the Authority estimates [F224the body will incur] [F224 will be incurred by ] in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year.

[F225(4A)In making any calculation under subsection (5) of section 85 above, the Authority must ignore payments which must be made into a trust fund.

(4B)In estimating under subsection (5)(a) of section 85 above in the case of the Mayor, the Authority shall take into account—

(a)the amounts which the Authority estimates will be paid to it in the year by billing authorities in accordance with regulations under section 99(3) of the Local Government Finance Act 1988, F226...

F226(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4D)In estimating under subsection (5)(a) of section 85 above in the case of the Mayor's Office for Policing and Crime, the Authority must use such amounts as may be prescribed by the Secretary of State as the sums that are payable to the Mayor's Office for Policing and Crime in respect of the following items—

(a)[F228locally retained] non-domestic rates,

(b)revenue support grant, [F229and]

(c)general GLA grant, F230...

F230(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F231(4DA)In subsection (4D) above “locally retained non-domestic rates” means the sums received by the Authority under, or under regulations under, Schedule 7B to the Local Government Finance Act 1988, or under regulations under section 99(3) of that Act in connection with the operation of that Schedule.]

(4E)In subsection (4D) above, “prescribed” means specified in, or determined in accordance with, either—

(a)the appropriate report or determination, or

(b)regulations made by the Secretary of State,

as the Secretary of State may determine in the case of any particular item and any particular financial year or years.

(4F)In subsection (4E) above, “the appropriate report or determination” means—

(a)in the case of an item specified in paragraph (a) or (b) of subsection (4D) above, the local government finance report for the financial year in question, [F232and]

(b)in the case of the item specified in paragraph (c) of that subsection, the determination under section 100 below for the financial year in question, F233...

F233(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)The Secretary of State may by regulations do one or both of the following—

(a)alter the constituents of any calculation to be made under subsection (4) or (5) of section 85 above (whether by adding, deleting or amending items);

(b)alter the rules governing the making of any calculation under subsection [F234(4F)] or (5) of section 85 above (whether by deleting or amending subsections (2) to (4) above, or any of them, or by adding other provisions, or by a combination of those methods).

F235(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F212Words in s. 86(1) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(12)(a), 59(4); S.I. 2007/3107, art. 3

F213Words in s. 86(1) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(12)(b), 59(4); S.I. 2007/3107, art. 3

F214S. 86(1A)(1B) inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(11), 240(2); S.I. 2011/2896, art. 2(g)

F215S. 86(1C) inserted (with effect in accordance with art. 1(2)(3) of the amending S.I.) by The Localism Act 2011 (Consequential Amendments) Order 2014 (S.I. 2014/389), art. 5(2)

F217S. 86(2A) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(13), 59(4); S.I. 2007/3107, art. 3

F220Words in s. 86(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(a), 59(4); S.I. 2007/3107, art. 3

F221Words in s. 86(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(b), 59(4); S.I. 2007/3107, art. 3

F222Words in s. 86(4)(a) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(c), 59(4); S.I. 2007/3107, art. 3

F223Words in s. 86(4)(a)(i) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(d), 59(4); S.I. 2007/3107, art. 3

F224Words in s. 86(4)(b) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 12(14)(d), 59(4); S.I. 2007/3107, art. 3

F225S. 86(4A)-(4F) inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(13), 240(2); S.I. 2011/2896, art. 2(g) (with art. 3(3))

F226S. 86(4B)(b) and word omitted (with effect in accordance with art. 1(2)(3) of the amending S.I.) by virtue of The Localism Act 2011 (Consequential Amendments) Order 2014 (S.I. 2014/389), art. 5(3)

F227S. 86(4C) omitted (with effect in accordance with art. 1(2)(3) of the amending S.I.) by virtue of The Localism Act 2011 (Consequential Amendments) Order 2014 (S.I. 2014/389), art. 5(4)

F229Word in s. 86(4D)(b) inserted (E.W.) (with effect in accordance with s. 3(13) of the amending Act) by Local Government Finance Act 2012 (c. 17), s. 3(10)(a)(i)

F230S. 86(4D)(d) and word omitted (E.W.) (with effect in accordance with s. 3(13) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), s. 3(10)(a)(ii)

F232Word in s. 86(4F)(a) inserted (E.W.) (with effect in accordance with s. 3(13) of the amending Act) by Local Government Finance Act 2012 (c. 17), s. 3(10)(b)(i)

F233S. 86(4F)(c) and word omitted (E.W.) (with effect in accordance with s. 3(13) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), s. 3(10)(b)(ii)

F234Word in s. 86(5)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 76(14), 240(2); S.I. 2011/2896, art. 2(g)

Commencement Information

I13S. 86 wholly in force at 12.1.2000; by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 86 in force at 12.1.2000 insofar as not already in force by S.I. 1999/3434, art. 2 (subject to transitional provisions in Sch. 1 Table 1)

Marginal Citations

87 Procedure for determining the [F236council tax] requirements.E+W+S

Schedule 6 to this Act (which contains procedural requirements for determining the component [F236council tax] requirements and the consolidated [F236council tax] requirement) shall have effect.

Textual Amendments

Calculation of tax payableE+W

88 Calculation of basic amount of tax.E+W

(1)Section [F23742B] of the M54Local Government Finance Act 1992 shall not apply in relation to the Authority and the following provisions of this section shall have effect in relation to the Authority in place of that section.

[F238(2)In relation to each financial year the Authority shall calculate the basic amount of its council tax by applying the formula—

where—

R is the amount calculated (or last calculated) by the Authority under section 85(8) above as its consolidated council tax requirement for the year;

A is the amount of the special item;

T is the aggregate of the amounts which are calculated by the billing authorities to which the Authority issues precepts (“the billing authorities concerned”) as their council tax bases for the year for their areas and are notified by them to the Authority within the prescribed period.]

F239(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F239(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F239(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The Secretary of State shall make regulations containing rules for making for any year the calculations required by item T in subsection (2) above; and the billing authorities concerned shall make the calculations for any year in accordance with the rules for the time being effective (as regards the year) under the regulations.

(7)Regulations prescribing a period for the purposes of item T in subsection (2) above may provide that, in any case where a billing authority fails to notify its calculation to the precepting authority within that period, that item shall be determined in the prescribed manner by such authority or authorities as may be prescribed.

(8)The Secretary of State may by regulations do one or both of the following—

(a)alter the constituents of any calculation to be made under subsection (2) above (whether by adding, deleting or amending items);

[F240(b)provide for rules governing the making of any calculation under that subsection (whether by adding provisions to, or deleting or amending provisions of, this section, or by a combination of those methods).]

(9)Any negative amount given by a calculation under subsection (2) above shall be assumed to be nil for the purposes of this Chapter and Chapter IV of Part I of the M55Local Government Finance Act 1992.

(10)In this section special item has the same meaning as it has in section 89 below (see subsection (2) of that section).

Textual Amendments

F237Word in s. 88(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 77(2), 240(2); S.I. 2011/2896, art. 2(g)

F240S. 88(8)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), ss. 77(5), 240(2); S.I. 2011/2896, art. 2(g)

Modifications etc. (not altering text)

C64S. 88 modified (E.) (1.2.2002) by S.I. 2002/155, reg. 7

C65S. 88 modified (E.) (with application in accordance with reg. 1(2) of the amending S.I.) by The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195),