Textual Amendments
F1S. 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)
(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.]
(1)Part II of the M1Deregulation 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 M2Local Government Act 1972 etc) there shall be inserted—
“(6)Any reference in subsection (5) above to arrangements under section 101 of the M3Local 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, ”.