Search Legislation

Greater London Authority Act 1999

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Greater London Authority Act 1999, Part VII. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

[F1Part VIIU.K. The London Fire and Emergency Planning Authority

Textual Amendments

F1Pt. 7 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. 11(1) (with Sch. 2 para. 11(2)(3))

328 Reconstitution of the Fire etc Authority.U.K.

(1)Section 27 of the M1Local Government Act 1985 (which established the London Fire and Civil Defence Authority) shall cease to have effect.

(2)Notwithstanding the repeal of that section, the body corporate established by it (in this Act referred to as “the Fire etc Authority”) shall continue in being and shall, instead of being known as the London Fire and Civil Defence Authority, be known as the London Fire and Emergency Planning Authority.

(3)Any appointment to the Fire etc Authority in pursuance of section 27 of the M2Local Government Act 1985 shall cease to have effect on the reconstitution day.

(4)As from the reconstitution day, the Fire etc Authority shall be reconstituted in accordance with the provisions of Schedule 28 to this Act.

(5)In construing in any enactment (whenever passed or made) any reference to, or any reference which includes a reference to, an authority established by Part IV of the M3Local Government Act 1985 (however framed), the Fire etc Authority shall be taken on and after the reconstitution day to be an authority established otherwise than under that Part.

(6)Without prejudice to anything in section 15, 16 or 17 of the M4Interpretation Act 1978, nothing in subsection (5) above—

(a)revives anything not in force or existing on the reconstitution day;

(b)affects the previous operation of any enactment or anything duly done or suffered before the reconstitution day;

(c)affects any right, privilege, obligation or liability acquired, accrued or incurred before the reconstitution day;

(d)affects any penalty, forfeiture or punishment incurred in respect of any offence committed before the reconstitution day;

(e)affects any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if subsection (5) above had not been enacted.

(7)Subject to the other provisions of this Act, any reference to, and any reference which includes a reference to, the Fire etc Authority in any Act or other document shall be construed in accordance with the preceding provisions of this section.

(8)Schedule 29 to this Act (which amends certain enactments relating to the Fire etc Authority and repeals spent provisions applying such enactments to authorities in Greater London which have been abolished) shall have effect.

(9)In this section and Schedule 28 to this Act—

  • enactment” includes an enactment comprised in subordinate legislation;

  • the reconstitution day” means such day as the Secretary of State may by order appoint for the purpose.

Commencement Information

I1S. 328 wholly in force at 3.7.2000: s. 328 in force at Royal Assent (11.11.1999) for certain purposes see s. 425(2); s. 328 in force for certain further purposes (1.5.2000) by S.I. 2000/1094, art. 3(a); s. 328 in force (3.7.2000) in so far as not already in force by S.I. 2000/1094, art. 4(a)

Marginal Citations

[F2328ADirections etc by the MayorE+W

(1)The Mayor may issue to the Fire etc Authority any of the following—

(a)guidance as to the manner in which it is to exercise its functions,

(b)general directions as to the manner in which it is to exercise its functions,

(c)specific directions as to the exercise of its functions.

(2)Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction.

(3)The guidance or directions which may be issued by the Mayor under subsection (1) above include guidance or directions as to the manner in which the Fire etc Authority—

(a)is to perform any of its duties, or

(b)is to conduct any legal proceedings.

(4)The Mayor must send to the chief officer of the Fire etc Authority a copy of any guidance or directions issued under subsection (1) above.

(5)In exercising any power conferred by this section, the Mayor must have regard to each of the following—

(a)the Fire and Rescue National Framework (see subsection (6)),

(b)fire safety enforcement guidance (see subsection (6)).

See also section 328B below (directions to the Mayor by the Secretary of State).

(6)In this section—

  • the Fire and Rescue National Framework” means the Fire and Rescue National Framework, prepared under section 21 of the Fire and Rescue Services Act 2004;

  • fire safety enforcement guidance” means guidance under article 26 (enforcement) of the Regulatory Reform (Fire Safety) Order 2005 given by the Secretary of State to the Fire etc Authority in its capacity as an enforcing authority for the purposes of that Order.

Textual Amendments

F2Ss. 328A, 328B inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 27, 59(7); S.I. 2008/113, art. 2(e)

328BDirections to the Mayor by the Secretary of StateE+W

(1)This section applies if the Secretary of State considers that any guidance or directions (“the inconsistent guidance or directions”) issued under section 328A above by the Mayor are inconsistent with—

(a)the Fire and Rescue National Framework, or

(b)fire safety enforcement guidance.

(2)In order to remove the inconsistency, the Secretary of State may direct the Mayor—

(a)to make such revisions of the inconsistent guidance or directions as may be specified by the Secretary of State in the direction, or

(b)if the inconsistency arises from a specific direction under section 328A(1)(c) above, to revoke the direction.

(3)Any direction given by the Secretary of State under subsection (2) above must specify or otherwise identify the inconsistency in question.

(4)The Mayor must comply with any direction under subsection (2) above.

(5)In this section—

  • the Fire and Rescue National Framework” has the same meaning as in section 328A above;

  • fire safety enforcement guidance” has the same meaning as in section 328A above.]

Textual Amendments

F2Ss. 328A, 328B inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 27, 59(7); S.I. 2008/113, art. 2(e)

329 Role as the fire authority for Greater London.U.K.

(1)Schedule 11 to the M5Local Government Act 1985 (police and fire services) shall be amended as follows.

(2)In paragraph 2(1) (London Fire and Civil Defence Authority to be the fire authority for Greater London) for “London Fire and Civil Defence Authority” there shall be substituted “ London Fire and Emergency Planning Authority ”.

(3)In paragraph 2(4) (which provides that references in the M6Metropolitan Fire Brigade Act 1865 to the Metropolitan Board of Works are to be construed as references to the London Fire and Civil Defence Authority) for “London Fire and Civil Defence Authority” there shall be substituted “ London Fire and Emergency Planning Authority ”.

Marginal Citations

F3330 Civil defence.U.K.

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

Textual Amendments

331 Openness.U.K.

(1)Section 100J of the M7Local Government Act 1972 (access to meetings and documents: application of Part VA to joint authorities etc as to principal councils) shall be amended as follows.

(2)In subsection (1) (which lists the bodies to which the Part is applied) after paragraph (b) there shall be inserted—

(bb)the London Fire and Emergency Planning Authority;.

(3)In subsection (2) (joint boards and joint committees of certain bodies) in the words following paragraph (b), after “(b)” there shall be inserted “ , (bb) ”.

(4)In subsection (3) (modifications of section 100A(6)(a) relating to council premises in the case of certain bodies specified in paragraphs of subsection (1)) after “(b),” there shall be inserted “ (bb), ”.

(5)After subsection (4) (application of section 100G(1)(a) relating to registers of members in the case of certain bodies specified in subsection (1)) there shall be inserted—

(4A)In its application by virtue of subsection (1)(bb) above in relation to the London Fire and Emergency Planning Authority, section 100G(1)(a) shall have effect with the substitution for the words “the ward or division which he represents” of the words “whether he is an Assembly representative or a borough representative, and—

(i)if he is an Assembly representative, whether he is a London member or a constituency member and, if a constituency member, the Assembly constituency for which he is a member; or

(ii)if he is a borough representative, the council of which he is a member (whether a London borough council or the Common Council). ”

Marginal Citations

332 Discharge of functions.U.K.

(1)In section 101 of the M8Local Government Act 1972 (arrangements for discharge of functions by local authorities) in subsection (13) (meaning of “local authority” in Part VI) after “Under Treasurer of the Middle Temple,” there shall be inserted “ the London Fire and Emergency Planning Authority, ”.

(2)In section 104 of that Act (disqualification for membership of committees and joint committees) after subsection (4) there shall be inserted—

(5)In the application of this section to the London Fire and Emergency Planning Authority, the reference to a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be treated as if it included a reference to a person who is disqualified under section 21 of the Greater London Authority Act 1999 from being elected or being the Mayor of London or a member of the London Assembly.

Marginal Citations

333 Miscellaneous powers and duties.U.K.

In section 146A of the M9Local Government Act 1972 (which for the purposes of certain provisions of Part VII treats a joint authority or the Inner London Education Authority as a local authority or a principal council) in subsection (1), after “a joint authority” there shall be inserted “ , the London Fire and Emergency Planning Authority ”.]

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources