Part X

Culture, Media and Sport
Chapter I

Culture Strategy and tourism

The Cultural Strategy Group for London.
375
1
There shall be a body corporate to be known as the Cultural Strategy Group for London.
2
The Cultural Strategy Group for London shall have—
a
the function of providing advice to the Mayor on the contents and implementation of the culture strategy under section 376 below; and
b
such other functions as may be conferred or imposed on, or made exercisable by, them by or under any other enactment, whenever passed or made.
3
Schedule 30 to this Act shall have effect with respect to the Cultural Strategy Group for London.

The Mayor’s culture strategy.
376
1
The Cultural Strategy Group for London shall formulate and submit to the Mayor a draft strategy containing proposed policies with respect to culture, media and sport in Greater London.
2
As soon as reasonably practicable after the draft strategy has been submitted to the Mayor, the Mayor shall prepare and publish a document to be known as the “culture strategy”.
3
The culture strategy published under subsection (2) above shall be the draft strategy submitted to the Mayor under subsection (1) above, with such modifications (if any) as the Mayor considers appropriate.
4
The Cultural Strategy Group for London shall keep the culture strategy under review and may submit proposed revisions of it to the Mayor.
4A
Before submitting any proposed revisions under subsection (4) above, the Cultural Strategy Group for London must consult each of the designated consultative bodies (see subsection (10)).
5
The policies that may be contained in the culture strategy include policies with respect to each of the following matters—
a
the arts, tourism and sport;
b
ancient monuments and sites;
c
buildings and other structures which are of historical or architectural interest or which otherwise form part of the heritage of Greater London;
d
museums and galleries;
e
library services;
f
archives;
g
treasure, and antiquities of a movable nature;
h
broadcasting, film production and other media of communication.
6
The Mayor may give the Cultural Strategy Group for London directions requiring the draft strategy to be formulated and submitted under subsection (1) above not later than such date as may be specified in the directions.
7
The Cultural Strategy Group for London shall comply with any directions under subsection (6) above.
8
Where the Mayor revises the culture strategy otherwise than in response to proposed revisions submitted by the Cultural Strategy Group for London under subsection (4) above, then, in the case of that revision—
a
the bodies and persons required to be consulted under section 42(1)(b) above shall include the Cultural Strategy Group for London; and
b
the references in subsections (2) and (3) of section 42A above to the functional bodies shall be taken to include a reference to the Cultural Strategy Group for London.
8A
Where, by virtue of subsection (8)(a) above, the Mayor consults the Cultural Strategy Group for London, the Cultural Strategy Group for London must consult the designated consultative bodies before submitting any comments in response to the Mayor.
9
In this Act, references to the culture strategy include, except where the context otherwise requires, a reference to the culture strategy as revised.
10
For the purposes of this section, the “
designated consultative bodies
” are the following—
- Archives, Libraries and Museums London
- the Arts Council of England
...
- the English Sports Council
- the Historic Buildings and Monuments Commission for England
- the Museums, Libraries and Archives Council
- the
UK
Film Council.
11
The Secretary of State may by order amend subsection (10) above—
a
by adding or removing bodies, or
b
by amending names of bodies,
but not so as to include any body that does not have functions relating to sport, culture or the arts.

Assistance by the Mayor for museums, galleries etc.
377
1
The Authority may provide financial or other assistance for the purposes of any museum, gallery, library, archive or other cultural institution in Greater London.
2
Any assistance under this section may be provided subject to conditions.
3
The conditions that may be imposed under subsection (2) above include in particular—
a
conditions with respect to the keeping, and production for inspection, of accounts and records; and
b
conditions requiring the making of repayments in respect of financial assistance in whole or in part.

The Mayor's duty to exercise certain powers of appointment
377A
1
Subsection (2) below applies where any power to make an appointment of a prescribed description in the case of a prescribed body is exercisable by the Mayor.
2
If the body requests the Mayor to exercise the power, he must do so as soon as reasonably practicable after the making of the request.
3
Any request under subsection (2) above must be in writing.
4
Where—
a
an instrument of any description states that an appointment of a particular description is to be made by the Mayor, and
b
the circumstances are such that an appointment of that description falls to be made,
the power to make the appointment is to be taken for the purposes of this section to be a power exercisable by the Mayor.
5
In this section “
prescribed
” means specified in, or determined in accordance with, an order made by the Secretary of State.
6
Different descriptions (and different numbers) of appointments may be prescribed under this section in the case of different bodies.
7
The only bodies that may be prescribed under this section are bodies that have functions relating to sport, culture or the arts.

Duty of the Authority to promote tourism.
378
1
The functions of the Authority shall include the duty—
a
to encourage people to visit Greater London;
b
to encourage people from outside the United Kingdom to visit the United Kingdom by way of Greater London; and
c
to encourage the provision and improvement of tourist amenities and facilities in Greater London.
2
The Authority shall have power to do anything—
a
for the purpose of discharging the functions conferred on it by this section; or
b
which is incidental or conducive to the discharge of those functions.
3
For the purpose of discharging the functions conferred on it by this section, the powers of the Authority shall (in particular) include power—
a
to undertake publicity or other promotional activities in any form;
b
to provide advisory and information services;
c
to promote or undertake research;
d
to enter into arrangements with any other person or organisation for or in connection with the carrying on by that person or organisation of any activity which the Authority has power to carry on under this section.
4
The Authority shall have power by virtue of subsections (2) and (3) above to carry on any activities outside the United Kingdom for the purpose of encouraging people—
a
to visit Greater London or any part of it, or
b
to visit the United Kingdom by way of Greater London.
5
In discharging its functions under subsections (1) to (4) above, the Authority shall have regard to the desirability of undertaking appropriate consultation and, in appropriate cases, co-operating with—
a
the Secretary of State;
aa
the National Assembly for Wales
b
any Tourist Board; or
c
any other persons who, or organisations which, have knowledge of, or are interested in, matters affecting the discharge of those functions.
6
The Authority shall have power to provide financial or other assistance—
a
to persons or organisations discharging in relation to Greater London or any part of Greater London functions corresponding to those of the Authority under this section; or
b
to any other person or organisation, for the purpose of discharging any of the Authority’s functions under subsections (1) to (4) above.
7
Where the Authority provides assistance under subsection (6) above, it may do so subject to conditions.
8
The conditions that may be imposed under subsection (7) above include in particular—
a
conditions with respect to the keeping, and production for inspection, of accounts and records; and
b
conditions requiring the making of repayments in respect of financial assistance in whole or in part.
9
The Authority may charge for its services and receive contributions towards its expenses in carrying out any of its functions under this section.
10
Nothing in this section authorises the Authority to borrow money otherwise than as provided by the other provisions of this Act.
11
In this section “Tourist Board” means—
a
the British Tourist Authority;
b
the English Tourist Board;
c
the Northern Ireland Tourist Board; or
d
VisitScotland
;
or
e
the Wales Tourist Board.

Authority’s duty to provide advice on tourism.
379
It shall be the duty of the Authority to advise—
a
any Minister of the Crown,
b
the British Tourist Authority, or
c
the English Tourist Board,
on such matters relating to tourism in Greater London as the Minister or, as the case may be, that Authority or Board may refer to it or as the Authority thinks fit.

Delegation of Authority’s functions.
380
1
Any function exercisable on behalf of the Authority by the Mayor under or by virtue of this Part 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
the Cultural Strategy Group for London;
d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
the Common Council;
f
any local authority.
3
In the case of 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
Subject 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
Subject 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 person or body 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.
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;
aa
in relation to any function of making an appointment in a case where section 377A above applies; or
b
in relation to any function of making byelaws under section 385(1) below.
7
An authorisation under subsection (1) above which relates to—
a
any function under section 376 above, or
b
the exercise of any function under or by virtue of section 383(1) or 384(3) below to the extent that it involves a determination as to whether to permit a public demonstration to take place in Trafalgar Square or Parliament Square Garden,
may only be given to the Deputy Mayor or a member of staff of the Authority.
8
An authorisation under subsection (1) above which relates to any function of enforcing any byelaws made under section 385(1) below may only be given—
a
to the Deputy Mayor,
b
to any member of staff of the Authority,
c
to the Common Council,
d
to any local authority.
9
Each of the following bodies, namely—
a
the Cultural Strategy Group for London,
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
10
Subsections (3) and (4) of section 101 of the Local 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, or
b
to the Cultural Strategy Group for London, ...
c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as they apply to arrangements under that section between one local authority and another.
11
An authorisation under this section may be varied or revoked at any time by the Mayor.
12
Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
13
In this section—
- “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
- “Trafalgar Square” has the same meaning as in the Trafalgar Square Act 1844;
- “Parliament Square Garden” means the central garden of Parliament Square, within the meaning of section 384 below.

Grants to the Authority for its tourism functions.
381
1
The Secretary of State may pay to the Authority grants of such amounts in respect of expenditure incurred or to be incurred by the Authority in the exercise, or in any particular exercise, of any of the Authority’s tourism functions as he may with the consent of the Treasury determine.
2
A grant under subsection (1) above may be made subject to such conditions as the Secretary of State may, with the consent of the Treasury, determine.
3
The conditions that may be imposed by virtue of subsection (2) above include in particular—
a
conditions with respect to the keeping, and production for inspection, of accounts and records;
b
conditions relating to the level of performance to be achieved by the Authority in respect of any of its tourism functions and the consequences of failure to achieve that level; and
c
conditions requiring repayment of the grant in whole or in part.

Interpretation of Chapter I.
382
1
In this Chapter—
- “tourism functions”, in relation to the Authority, means the Authority’s functions under section 378 above;
- “tourist amenities and facilities” means, in relation to any area, amenities and facilities that might be used—
  1. by visitors to that area, or
  2. by other people travelling within that area for the purposes of business or leisure.
2
The functions conferred or imposed on the Authority under or by virtue of this Chapter shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
3
Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the Assembly.
Chapter II

Trafalgar Square and Parliament Square

Trafalgar Square.
383
1
The functions of the Secretary of State under section 2 of the Trafalgar Square Act 1844 (care, control, management and regulation of the Square and its ornaments etc) are transferred by this subsection to the Authority.
2
In that section, the words from “by and out of such Monies” to “by Authority of Parliament” shall cease to have effect.
3
The functions transferred to the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

Parliament Square.
384
1
The land comprised in the site of the central garden of Parliament Square (which, at the passing of this Act, is vested in the Secretary of State for Culture, Media and Sport) is by this subsection transferred to and vested in Her Majesty as part of the hereditary possessions and revenues of Her Majesty.
2
Nothing in subsection (1) above affects—
a
any sewers, cables, mains, pipes or other apparatus under that site, or
b
any interest which was, immediately before the passing of this Act, vested in London Regional Transport or any of its subsidiaries.
3
The care, control, management and regulation of the central garden of Parliament Square shall be functions of the Authority.
4
It shall be the duty of the Authority well and sufficiently to light, cleanse, water, pave, repair and keep in good order and condition the central garden of Parliament Square.
5
The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.
6
In consequence of the preceding provisions of this section, any functions of the Secretary of State under or by virtue of section 22 of the Crown Lands Act 1851 (duties and powers of management in relation to the royal parks, gardens and possessions there mentioned), so far as relating to the whole or any part of the central garden of Parliament Square, shall determine.
7
Subsections (3) and (4) above shall have effect notwithstanding any law, statute, custom or usage to the contrary.
8
Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
9
In this section “the central garden of Parliament Square” means the site in Parliament Square on which the Minister of Works was authorised by the Parliament Square (Improvement) Act 1949 to lay out the garden referred to in that Act as “the new central garden”.

Byelaws.
385
1
The Authority may make and enforce such byelaws to be observed by persons using Trafalgar Square or Parliament Square Garden as the Authority considers necessary for securing the proper management of those Squares and the preservation of order and the prevention of abuses there.
2
Byelaws under this section may designate specified provisions of the byelaws as trading byelaws.
3
A person who contravenes or fails to comply with any byelaw under this section shall be guilty of an offence and liable on summary conviction—
a
if the byelaw is a trading byelaw, to a fine not exceeding level 3 on the standard scale, or
b
in any other case, to a fine not exceeding level 1 on the standard scale.
4
The provision that may be made in byelaws under this section includes provision for or in connection with—
a
the licensing of any trading; and
b
the seizure, retention or disposal of any property in connection with any contravention of or failure to comply with any byelaw under this section.
5
The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.
6
Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
6A
Byelaws under this section may not be made as respects Parliament Square Garden for the purpose of prohibiting a particular activity so far as that activity is a prohibited activity for the purposes of Part 3 of the Police Reform and Social Responsibility Act 2011 (see section 143(2) of that Act).
7
In this section—
- “Trafalgar Square” has the same meaning as in the Trafalgar Square Act 1844;
- “Parliament Square Garden” means the central garden of Parliament Square, within the meaning of section 384 above.

Guidance.
386
1
The Secretary of State may issue guidance to the Mayor concerning the exercise of any function under or by virtue of section 383(1), 384(3) or (4) or 385(1) above by him or any body or person authorised to exercise the function under section 380 above.
2
In deciding whether or how to exercise that function, the Mayor, or body or person, shall have regard to any guidance issued under subsection (1) above.
S. 375 partly in force; s. 375 not in force at Royal Assent, see s. 425(2); s. 375(1)(3) in force (5.8.2000) by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
Words in s. 380(4) substituted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(a)
Words in s. 380(5) substituted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(b)
S. 380(5A) inserted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(c)
1972 c. 70.
Definitions of “executive” and “executive arrangements” in s. 380(13) inserted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(d)
1844 c. 60.
S. 382 wholly in force at 3.7.2000; s. 382 not in force at Royal Assent, see s. 245(2); s. 382(2)(3) in force (8.5.2000) by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 382 in force (3.7.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
1844 c. 60.
1851 c. 42.
1949 c. lvi.
Words in s. 385(1) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 7
1844 c. 60.
Words in s. 376(8)(a) substituted (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. 50(3)(a), 59(4)(b); S.I. 2008/113, art. 2(j)
S. 378(11)(e) and word omitted (E.W.) (23.11.2005) by virtue of The Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 2 para. 3(2)(b) (with art. 3(1))
S. 376(4A) inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 50(2), 59(4)(b); S.I. 2008/113, art. 2(j)
S. 377A inserted (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. 51(1), 59(4)(b); S.I. 2008/582, art. 2(d)
S. 380(10)(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)
S. 380(2)(d) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
S. 385(6A) inserted (19.12.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 149(1), 157(1) (with s. 149(3)); S.I. 2011/2834, art. 2(i)
S. 380(9)(b) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
Words in s. 376(8)(b) substituted (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. 50(3)(b), 59(4)(b); S.I. 2008/113, art. 2(j)
S. 376(8A) 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. 50(4), 59(4)(b); S.I. 2008/113, art. 2(j)
S. 380(6)(aa) substituted for word "or" at the end of paragraph (a) (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. 51(2), 59(4)(b); S.I. 2008/582, art. 2(d)
Word in s. 380(10) inserted (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 20 para. 8; S.I. 2012/628, art. 4(c)
Word in s. 378(11)(c) inserted (E.W.) (23.11.2005) by The Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 2 para. 3(2)(a) (with art. 3(1))
Words in s. 376(10) repealed (21.1.2012) by The Commission for Architecture and the Built Environment (Dissolution) Order 2012 (S.I. 2012/147), art. 1, Sch.
S. 378(5)(aa) inserted (E.W.) (23.11.2005) by The Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 2 para. 3(1) (with art. 3(1))
S. 376(10)(11) 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. 50(5), 59(4)(b); S.I. 2008/113, art. 2(j)
Words in s. 385(4)(b) substituted (19.12.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 150(3), 157(1); S.I. 2011/2834, art. 2(j)
Word in s. 378(11)(d) substituted: (E.W.) (29.3.2007) by The Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007 (S.I. 2007/1103), art. 1(1), Sch. para. 5; (S.) (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), s. 5(1), sch. 2 para. 5; S.S.I. 2007/47, art. 2
Words in s. 376(8)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 2(3), 59(7); S.I. 2008/113, art. 2(a)