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Greater London Authority Act 1999

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Greater London Authority Act 1999 is up to date with all changes known to be in force on or before 09 August 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

Section 2.

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

Modifications etc. (not altering text)

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

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

Part IE+W+S Assembly constituencies

Changes to Assembly constituenciesE+W+S

[F11(1)This paragraph applies where the Secretary of State makes an order under section 10 of the Local Government and Public Involvement in Health Act 2007 which includes a boundary change (within the meaning of section 8(3) of that Act) affecting a London borough.E+W+S

(2)Where this paragraph applies, the Local Government Boundary Commission for England must consider whether to conduct a review of Assembly constituencies for the purpose of making recommendations as to—

(a)whether the boundary change referred to in sub-paragraph (1) requires changes to Assembly constituencies in order to comply with the rules set out in paragraph 7 below, and

(b)if so, what those changes should be.]

Comprehensive review of Assembly constituenciesE+W+S

[F22(1)The Local Government Boundary Commission for England may at any time—E+W+S

(a)conduct a review of Assembly constituencies, and

(b)make recommendations as to—

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

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

(2)No recommendations may be made by the Local Government Boundary Commission for England pursuant to a review under this paragraph unless the recommendations comply with the rules set out in paragraph 7 below.]

Preparation and submission of reportE+W+S

[F33(1)As soon as reasonably practicable after deciding to conduct a review under paragraph 1 or 2, the Local Government Boundary Commission for England must take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of—E+W+S

(a)the fact that the review is to take place, and

(b)any particular matters to which the review is to relate.

(2)In conducting a review under paragraph 1 or 2 the Local Government Boundary Commission for England must—

(a)prepare and publish draft recommendations,

(b)take such steps as its considers sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made, and

(c)take into consideration any representations made to the Commission within that period.

(3)The Local Government Boundary Commission for England may at any time before publishing draft recommendations under sub-paragraph (2)(a) consult such persons as it considers appropriate.

(4)As soon as practicable after conducting a review under paragraph 1 or 2 the Local Government Boundary Commission for England must—

(a)publish a report stating its recommendations, and

(b)take such steps as it considers sufficient to secure that persons who may be interested in the recommendations are informed of them.

Textual Amendments

Further reportE+W+S

[F34(1)Where a report under paragraph 3 contains recommendations for changes to any Assembly constituency or the name by which any Assembly constituency is known, an order under section 2(4) may give effect to the recommendations.E+W+S

(2)An order under section 2(4) may contain incidental, consequential, supplementary or transitional provision, or savings.

(3)The provision referred to in sub-paragraph (2) may include provision—

(a)applying any instrument made under an enactment, with or without modifications,

(b)extending, excluding or amending any such instrument, or

(c)repealing or revoking any such instrument.

(4)Where the Local Government Boundary Commission for England is satisfied that—

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

(b)the mistake is such that it cannot be rectified by a subsequent order under that section by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend),

the Commission may by order under section 2(4) make such provision as it thinks necessary or expedient for rectifying the mistake.

(5)In sub-paragraph (4), “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.

(6)A draft of a statutory instrument containing an order under section 2(4) is to be laid before Parliament before the instrument is made.]

Payments by Secretary of State to CommissionE+W+S

F46E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F4Sch. 1 para. 6 omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 9, Sch. 2 para. 14(7)

The rules about Assembly constituenciesE+W+S

7(1)The rules referred to in [F5paragraphs 1(2) and 2(2)] above are—E+W+S

  • 1. There shall be fourteen Assembly constituencies.

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

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

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

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

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

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

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

F6PART IIE+W+S...

Section 4.

SCHEDULE 2E+W+S Voting at elections

Part IE+W+S Election of the Mayor

ApplicationE+W+S

1E+W+SThis Part of this Schedule applies where there are three or more candidates to be the Mayor.

First preference vote and second preference voteE+W+S

2E+W+SIn this Schedule—

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

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

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

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

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

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

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

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

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

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

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

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

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

Part IIE+W+S Return of London members

Modifications etc. (not altering text)

C2Sch. 2 Pt. II applied (14.12.1999) by 1983 c. 2, s. 203B (as inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 paras. 1, 39(5) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2)

Party lists and individual candidatesE+W+S

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

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

(3)The list has effect in relation to—

(a)the ordinary election; and

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

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

(5)The list must not include a person—

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

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

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

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

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

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

Calculation of the London figureE+W+S

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

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

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

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

(3)The number arrived at—

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

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

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

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

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

(b)is also returned as the Mayor,

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

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

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

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

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

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

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

Return of membersE+W+S

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 17.

SCHEDULE 3U.K. Amendments of the Representation of the People Acts

PreliminaryU.K.

1U.K.The Representation of the M1People Act 1983 shall be amended as follows.

Marginal Citations

Polling districts and stationsU.K.

2(1)Section 31 shall be amended as follows.U.K.

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

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

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

Returning officers for Greater London and for Assembly constituenciesU.K.

3(1)Section 35 shall be amended as follows.U.K.

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

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

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

(2C)The returning officer—

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

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

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

shall be the proper officer of the Greater London Authority.

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

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

Rules for local electionsU.K.

4(1)Section 36 shall be amended as follows.U.K.

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

(2A)As regards the Greater London Authority—

(a)Authority elections, and

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

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

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

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

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

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

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

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

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

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

Ordinary day of local electionsU.K.

5(1)Section 37 shall be amended as follows.U.K.

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

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

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

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

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

Local elections void etcU.K.

6(1)Section 39 shall be amended as follows.U.K.

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

(3)In subsection (2) (election to an office under the 1972 Act not held on the appointed day etc) after “office under the M2Local Government Act 1972” there shall be inserted “ or the 1999 Act ”.

(4)In subsection (6)(a) (which permits an order under the section to make modifications to certain enactments) in sub-paragraph (ii), after “the M3Local Government Act 1972” there shall be inserted “ or the 1999 Act ”.

Marginal Citations

Timing as to local electionsU.K.

7(1)Section 40 shall be amended as follows.U.K.

(2)In subsection (1) (provision where anything required to be done by certain enactments falls at a weekend etc) after “Representation of the M4People Act 1985” there shall be inserted “ or section 3 of the 1999 Act ”.

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

Marginal Citations

Further provision as to local election votingU.K.

8(1)Section 46 shall be amended as follows.U.K.

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

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

Validity of local expenses, legal costsU.K.

9(1)Section 48 shall be amended as follows.U.K.

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

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

Voting offencesU.K.

10(1)Section 61 shall be amended as follows.U.K.

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

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

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

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

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

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

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

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

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

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

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

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

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

Requirement of secrecyU.K.

11(1)Section 66 shall be amended as follows.U.K.

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

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

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

Election agentsU.K.

12(1)Section 67 shall be amended as follows.U.K.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sub-agentsU.K.

13(1)Section 68 (nomination of sub-agent at parliamentary election for a county constituency) shall be amended as follows.U.K.

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

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

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

(b)an Authority election,; and

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

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

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

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

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

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

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

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

Office of election agent and sub-agentU.K.

14(1)Section 69 (location of office) shall be amended as follows.U.K.

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

Effect of default in election agent’s appointmentU.K.

15U.K.After section 70 there shall be inserted—

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

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

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

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

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

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

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

(3)If—

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

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

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

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

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

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

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

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

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

Election expensesU.K.

F716U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 3 para. 16 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Payment of expenses through election agentU.K.

17(1)Section 73 shall be amended as follows.U.K.

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

Candidate’s personal expenses and petty expensesU.K.

18(1)Section 74 shall be amended as follows.U.K.

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

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

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

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

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

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

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

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

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

Prohibition of expenses not authorised by election agentU.K.

19(1)Section 75 shall be amended as follows.U.K.

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

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

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

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

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

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

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

F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Textual Amendments

F8Sch. 3 para. 19(4) repealed (16.2.2001) by 2000 c. 41, s, 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Limitation of election expensesU.K.

20(1)Section 76 shall be amended as follows.U.K.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Power to vary provisions concerning election expensesU.K.

F921U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Sch. 3 para. 21 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Expenses limit for joint candidates at local electionU.K.

22(1)Section 77 shall be amended as follows.U.K.

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

Return as to election expensesU.K.

23(1)Section 81 shall be amended as follows.U.K.

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

(1A)Subsection (1) above—

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

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

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

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

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

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

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

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

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

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

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

Declarations as to election expensesU.K.

24(1)Section 82 shall be amended as follows.U.K.

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

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

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

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

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

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

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

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Textual Amendments

F10Sch. 3 para. 24(5) repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Penalty for sitting or voting where no return and declarations transmittedU.K.

25(1)Section 85 shall be amended as follows.U.K.

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

(2A)As respects Authority elections—

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

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

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

Disqualification where no return and declarations transmitted after Mayoral electionU.K.

26U.K.After section 85 there shall be inserted—

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

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

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

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

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

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

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

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

Publication of time and place for inspection of returns and declarationsU.K.

27(1)Section 88 shall be amended as follows.U.K.

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

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

Broadcasting during electionsU.K.

F1128U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 3 para. 28 repealed (16.3.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 3

Schools and rooms for election meetingsU.K.

29(1)Section 96 shall be amended as follows.U.K.

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

(i)for himself, or

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

BriberyU.K.

30(1)Section 113 shall be amended as follows.U.K.

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

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

Election court for local election and place of trialU.K.

F1231U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 3 para. 31 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Consequences of election etc of London members being declared void.U.K.

32(1)In section 135 (consequences of local election declared void) after subsection (1) (which provides for a new election in certain cases) there shall be inserted—U.K.

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

(2)After section 135 there shall be inserted—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion of trial of local election petitionU.K.

33(1)Section 145 shall be amended as follows.U.K.

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

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

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

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

(c)the election was void, ”.

Election court determination in respect of election of Mayor or constituency memberU.K.

34U.K.After section 145 there shall be inserted—

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

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

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

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

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

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

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

(b)that the election was void.

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

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

(a)the determination of the election court; or

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

Candidate reported guilty of corrupt or illegal practiceU.K.

F1335U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 3 para. 35 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I, Annex (subject to transitional provisions in Sch. 1 Pt. II)

Avoidance of election for employing corrupt agentU.K.

36(1)Section 165 shall be amended as follows.U.K.

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

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

References to elections under the local government Act to include Authority electionsU.K.

37U.K.After section 189 there shall be inserted—

The Greater London AuthorityU.K.

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

For the purposes of—

(a)Part II of this Act,

(b)Part III of this Act, and

(c)section 189 above,

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

General provisions as to interpretationU.K.

38(1)Section 202 shall be amended as follows.U.K.

(2)In subsection (1)—

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

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

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

proper officer”—

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

(b)except as provided by paragraph (a) above, in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the M5Local Government Act 1972;.

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

registered political party” means a party registered under the M6Registration of Political Parties Act 1998;”.

Marginal Citations

Interpretation: local government provisionsU.K.

39(1)Section 203 (local government provisions as to England and Wales) shall be amended as follows.U.K.

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

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

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

Authority election” means—

(a)any election of the Mayor of London;

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

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

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

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

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

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

election of the Mayor of London” means—

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

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

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

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

(b)Greater London, in the case of—

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

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

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

(4)In subsection (1)—

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

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

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

(b)any Authority election.

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

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

(a)a local government election, or

(b)an election under the local government Act,

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

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

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

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

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

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

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

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

[F14Schedule 3AE+W+S Free delivery of election addresses at first election of Mayor

Textual Amendments

F14Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14(4), 17(3), Sch. 5

InterpretationE+W+S

F151E+W+SIn this Schedule—

  • the 1983 Act” means the Representation of the M7People Act 1983;

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

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

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

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

  • the GLRO” means the Greater London returning officer;

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

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

Textual Amendments

F15Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Marginal Citations

Election addressesE+W+S

F162E+W+SFor the purposes of the relevant provisions an election address, in relation to a candidate, is a statement prepared by the candidate’s election agent which complies with the provisions of paragraphs 3 and 4.

Textual Amendments

F16Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Contents of election addressesE+W+S

F173(1)An election address must contain matter relating to the election only.E+W+S

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

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

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

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

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

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

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

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

(5)An election address must—

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

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

Textual Amendments

F17Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Form of election addressesE+W+S

F184(1)Subject to any requirements imposed by or under this paragraph, the format of a candidate’s election address may be determined by the candidate (and, in particular, may consist of a combination of words, pictures and artwork).E+W+S

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

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

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

(3)An election address must—

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

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

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

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

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

Textual Amendments

F18Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Approval of election addresses by Post OfficeE+W+S

F195(1)Before an election address is submitted to the GLRO for inclusion in the election booklet a draft of the address must have been—E+W+S

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

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

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

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

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

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

Textual Amendments

F19Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

The election bookletE+W+S

F206(1)For the purposes of this Schedule the election booklet is a document prepared by the GLRO which contains the election addresses of all candidates who—E+W+S

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

(b)have submitted—

(i)those addresses, and

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

to the GLRO by such date as he may determine.

(2)If—

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

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

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

Textual Amendments

F20Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Form of election bookletE+W+S

F217(1)The order in which candidates’ election addresses appear in the election booklet shall be determined alphabetically by reference to the candidates’ surnames.E+W+S

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

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

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

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

(3)The election booklet must—

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

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

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

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

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

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

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

(7)No person other than—

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

(b)the candidate’s election agent,

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

Textual Amendments

F21Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Distribution of election bookletE+W+S

F228(1)Copies of the election booklet shall be delivered by the GLRO to the Post Office, in envelopes addressed to individual electors falling within section 17A(1)(b) of this Act, at such time as the GLRO may determine.E+W+S

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

Textual Amendments

F22Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Contributions by candidates towards costs of printingE+W+S

F239(1)Each candidate by whom an election address is submitted to the GLRO for inclusion in the election booklet shall pay the sum of £10,000 to the GLRO as a contribution towards the expenses incurred by him in respect of the printing of the election booklet.E+W+S

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

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

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

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

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

Textual Amendments

F23Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Payments by Secretary of StateE+W+S

F2410E+W+SExcept so far as they are met by payments under paragraph 9 above, the expenses incurred by the GLRO in consequence of the relevant provisions shall be met by the Secretary of State.

Textual Amendments

F24Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss, 14, 17(3), Sch. 5

Candidates’ election expensesE+W+S

F2511(1)The amount of any payment made by a candidate under paragraph 9 above (or, if sub-paragraph (4) of that paragraph applies, the net amount of any such payment after deducting the payment under that sub-paragraph) shall be taken, for the purposes of Part II of the 1983 Act (the election campaign), to be an amount of election expenses incurred by the candidate in relation to the election.E+W+S

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

Textual Amendments

F25Sch. 3A inserted (9.3.2000) by 2000 c. 2, ss. 14, 17(3), Sch. 5

Section 37.

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

Part IE+W+S Interpretation

1E+W+SAny reference in this Schedule to a period when the Mayor is temporarily unable to act is a reference to a period when—

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

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

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

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

Notice of vacancy in office of MayorE+W+S

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

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

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

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

Provision for acting Mayor during vacancyE+W+S

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

Filling the office of acting MayorE+W+S

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Declaration of acceptance by Deputy MayorE+W+S

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

(a)become the acting Mayor, or

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

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

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

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

Commencement Information

I1Sch. 4 para. 8 wholly in force at 8.5.2000; Sch. 4 para. 8 in force at Royal Assent for certain purposes see s.425(2); Sch. 4 para. 8 in force (8.5.2000) in so far as not already in force by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Consequences of making the declarationE+W+S

F269E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Declaration of acceptance by Chair of AssemblyE+W+S

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

Setting the budget during a vacancyE+W+S

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

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

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

(a)to the Chair of the Assembly, and

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

and this Part of this Schedule (other than paragraph 2 above) shall have effect as if a vacancy in the office of Mayor [F27had occurred] on the date on which the vacancy in the office of acting Mayor occurs.

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

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

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

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

Textual Amendments

F27Words in Sch. 4 para. 12(1) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. 1 para. 10

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

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

(a)to the Chair of the Assembly; and

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

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

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

Prospective

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

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

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

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

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

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

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

[F28(a)any functions exercisable under Schedule 6 or 7 to this Act;]

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

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

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

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

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

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

Textual Amendments

F28Sch. 4 para. 15(1)(a) repealed (E.W.) (30.10.2007) by Greater London Authority Act 2007 (c. 24), ss. 16(2), 59(7), Sch. 2; S.I. 2007/3107, art. 2(b)(c)

Setting the budget during the periodE+W+S

16E+W+S[F29If, at any time when proceedings under Schedule 6 or 7 to this Act are taking place in respect of any year, the Mayor is temporarily unable to act, those and any subsequent proceedings under the Schedule in question in respect of that year shall proceed as if the Mayor had failed to fulfil his duties under that Schedule.]

[F29If and so long as any functions of the Mayor under Schedule 6 or 7 to this Act are exercisable by the Deputy Mayor pursuant to paragraph 14 above, the Deputy Mayor shall not act as an Assembly member in relation to any functions of the Assembly under either of those Schedules.]

Textual Amendments

F29Sch. 4 para. 16 substituted (E.W.) (30.10.2007) by Greater London Authority Act 2007 (c. 24), ss. 16(3), 59(7); S.I. 2007/3107, art. 2(b)

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

F3017E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

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

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

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

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

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

(2)Where this paragraph applies—

(a)paragraphs 14 and 15 above shall have effect with the substitution for references to the Deputy Mayor of references to the Chair of the Assembly [F31(but see sub-paragraph (2A) below)] ; and

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

[F32(2A)The Chair of the Assembly shall not by virtue of sub-paragraph (2)(a) above exercise any functions of the Mayor under Schedule 6 or 7 to this Act.]

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

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

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

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

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

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

Textual Amendments

F31Words in Sch. 4 para. 18(2)(a) inserted (E.W.) (30.10.2007) by Greater London Authority Act 2007 (c. 24), ss. 16(5), 59(7); S.I. 2007/3107, art. 2(b)

F32Sch. 4 para. 18(2A) inserted (E.W.) (30.10.2007) by Greater London Authority Act 2007 (c. 24), ss. 16(6), 59(7); S.I. 2007/3107, art. 2(b)

[F33SCHEDULE 4AE+WConfirmation hearings etc

Textual Amendments

F33Sch. 4A inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 4(2), 59(4)(b), Sch. 1; S.I. 2008/113, art. 2(a)

Application of ScheduleE+W

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

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

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

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

[F34(3)This Schedule also has effect 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.

(4)In the application of this Schedule in relation to such an appointment, references to the Mayor are to be read as references to the Mayor's Office for Policing and Crime.

(5)Paragraph 9 does not apply in relation to such an appointment (but see section 32 of the Police Reform and Social Responsibility Act 2011).

(6)Paragraph 10 applies in relation to such an appointment if the candidate is not a member of the London Assembly.

(7)Paragraphs 2, 4 and 5 are subject to paragraph 10.]

[F35(8)Paragraph 9 does not apply in relation to—

(a)the appointment of a person as the London Fire Commissioner, or

(b)the appointment of a person as the Deputy Mayor for Fire under section 67(1)(b),

(but see section 327H).

(9)Paragraph 11 applies to—

(a)the appointment of a person as the London Fire Commissioner, and

(b)the appointment of a person as the Deputy Mayor for Fire under section 67(1)(b) if the candidate is not a member of the Assembly.

(10)Paragraphs 2, 4 and 5 are subject to paragraph 11.]

Textual Amendments

F35Sch. 4A para. 1(8)-(10) 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. 14(2); S.I. 2018/227, art. 2(b)(i)

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

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

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

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

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

Duty of Mayor to notify AssemblyE+W

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

(2)The notification must contain the following information—

(a)the candidate's name;

(b)the candidate's address for correspondence;

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

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

Assembly to make recommendation to the MayorE+W

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

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

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

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

The Mayor's response to the recommendationE+W

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

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

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

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

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

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

(a)attend in person, or

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

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

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

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

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

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

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

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

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

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

(a)registered post, or

(b)a recorded delivery service,

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

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

Restriction of information etcE+W

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

(a)any confirmation hearing, and

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

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

(3)The candidate is not obliged to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England or Wales.

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

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

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

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

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

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

(a)any committee or sub-committee, or

(b)a single member of the Assembly.]

[F3610(1)The London Assembly may veto the appointment of the candidate as Deputy Mayor for Policing and Crime if the candidate is not a member of the London Assembly.E+W

(2)The exercise of that power of veto in relation to an appointment is not valid unless the London Assembly—

(a)has held a confirmation meeting in relation to the appointment before the exercise of the power; and

(b)notifies the Mayor's Office for Policing and Crime of the veto within the period of 3 weeks described in paragraph 4(3).

(3)If the London Assembly vetoes the appointment of the candidate, the Mayor's Office for Policing and Crime must not appoint the candidate.

(4)References in this Schedule to the London Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed as Deputy Mayor for Policing and Crime.

(5)For that purpose, the London Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.]

Textual Amendments

[F3711(1)The Assembly may veto—E+W

(a)the appointment of the candidate as the London Fire Commissioner, or

(b)the appointment of the candidate as the Deputy Mayor for Fire if the candidate is not a member of the Assembly.

(2)The exercise of that power of veto in relation to an appointment is not valid unless the Assembly—

(a)has held a confirmation meeting in relation to the appointment before the exercise of the power; and

(b)notifies the Mayor of the veto within the period of 3 weeks described in paragraph 4(3).

(3)If the Assembly vetoes the appointment of the candidate, the Mayor must not appoint the candidate.

(4)References in this Schedule to the Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed—

(a)as the London Fire Commissioner, or

(b)as the Deputy Mayor for Fire.

(5)For that purpose, the Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.]

Textual Amendments

F37Sch. 4A para. 11 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. 14(3); S.I. 2018/227, art. 2(b)(i)

Section 77.

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

Preliminary requirementsE+W+S

1E+W+SNo Bill may be deposited in Parliament by virtue of section 77(1)(a) of this Act until the requirements of paragraphs 2 and 4 below have been complied with.

Consultation on draft BillE+W+S

2(1)The Mayor shall—E+W+S

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

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

(c)consult those bodies about the draft Bill.

(2)Those bodies are—

(a)the Assembly;

(b)every London borough council; and

(c)the Common Council.

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

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

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

(2)A copy of the draft Bill shall be kept available by the Mayor for inspection by any person on request free of charge—

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

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

at reasonable hours throughout the consultation period.

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

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

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

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

Consultation on revised draft BillE+W+S

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

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

(a)representations made pursuant to paragraph 2 above;

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

(c)other material considerations.

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

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

(b)consult the Assembly about it.

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

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

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

Deposition of the Bill in ParliamentE+W+S

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

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

(b)other material considerations.

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

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

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

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

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

(a)a London borough council; or

(b)the Common Council.

Publicity for the deposited BillE+W+S

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

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

(3)A copy of the deposited Bill shall be kept available by the Mayor for inspection by any person on request free of charge—

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

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

at reasonable hours throughout the period while the Bill is in Parliament.

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

Section 87.

SCHEDULE 6E+W+S Procedure for determining the Authority’s consolidated [F38council tax] requirement

Textual Amendments

F38Words in Sch. 6 heading substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(a); S.I. 2011/2896, art. 2(i)

Modifications etc. (not altering text)

C3Sch. 6 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1999 c. 27, s. 30, Sch. 1 Pt. I para. 1)

PreliminaryE+W+S

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

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

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

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

(a)the amount of the component [F39council tax] requirement for the constituent body concerned; and

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

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

(a)the amount of the Authority’s consolidated [F40council tax] requirement;

(b)the amount of the component [F41council tax] requirement for each constituent body; and

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

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

[F42(5)In this Schedule “the relevant principles”, in relation to a budget or a council tax requirement for a financial year, means the principles approved by the House of Commons for the financial year under section 52ZD of the Local Government Finance Act 1992 (principles in connection with council tax referendums).

(6)For the purposes of this Schedule, whether or not a budget or council tax requirement for a financial year complies with the relevant principles is to be determined by reference to whether or not the amount that would be calculated for the year under section 88 or 89 above (calculation of basic amount of council tax) by reference to the budget or council tax requirement is excessive by reference to the relevant principles.]

Textual Amendments

F39Words in Sch. 6 para. 1(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(b); S.I. 2011/2896, art. 2(i)

F40Words in Sch. 6 para. 1(3)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(b); S.I. 2011/2896, art. 2(i)

F41Words in Sch. 6 para. 1(3)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(b); S.I. 2011/2896, art. 2(i)

F42Sch. 6 para. 1(5)(6) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(2); S.I. 2011/2896, art. 2(i)

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

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

(2)[F43Before preparing the draft component budget for the Authority, the Mayor shall consult the Assembly.]

[F43The Mayor shall consult the Assembly—

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

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

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

Textual Amendments

F43Sch. 6 para. 2(2) substituted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(2), 59(4); S.I. 2007/3107, art. 3

Draft consolidated budgetE+W+S

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

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

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

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

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

(3)The Mayor shall—

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

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

(4)It shall be the duty of the Mayor to comply with paragraph 2 and sub-paragraphs (1) to (3) above on or before [F4414th February] in the financial year preceding that to which the draft consolidated budget relates.

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

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

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

(b)[F45prepare a draft component budget for the Authority; and]

[F45prepare a draft component budget for the Mayor;

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

(c)prepare a draft consolidated budget.

[F46(1A)If the draft consolidated budget does not comply with the relevant principles, the Assembly shall also prepare a draft substitute consolidated budget that complies with those principles.]

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

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

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

[F47(3)If, at the public meeting referred to in sub-paragraph (2) above, the draft substitute consolidated budget prepared under sub-paragraph (1A) above is approved by the Assembly, that draft, as so approved, shall be the Authority's substitute consolidated budget for the financial year to which it relates.]

Textual Amendments

F45Sch. 6 para. 4(1)(b)(bb) substituted for Sch. 6 para. 4(1)(b) (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(3), 59(4); S.I. 2007/3107, art. 3

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

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

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

(3)The Assembly must approve the draft consolidated budget, together with the draft component budgets comprised in it, with or without amendment [F48 (but see paragraph 5A below) ] .

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

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

Textual Amendments

F48Words in Sch. 6 para. 5(3) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(4), 59(4); S.I. 2007/3107, art. 3

[F49Limit on Assembly's powers to amend Mayor's draft budget for the AssemblyE+W+S

Textual Amendments

F49Sch. 6 para. 5A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(5), 59(4); S.I. 2007/3107, art. 3

5A(1)In exercising its powers of amendment under paragraph 5(3) above, the Assembly must not make amendments affecting the amount of the draft component [F50council tax] requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the draft component [F51council tax] requirement for the Assembly, and

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

(3)The condition is that—

(a)the draft component [F52council tax] requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component [F52council tax] requirement for the Assembly.

(4)Find the adjusted previous component [F52council tax] requirement for the Assembly as follows.

(5)Find NM and OM, where—

  • NM is the draft component [F52council tax] requirement for the Mayor, before implementing any amendments under paragraph 5(3) above;

  • OM is the component [F52council tax] requirement for the Mayor for the previous financial year.

(6)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component [F53council tax] requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(7)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component [F54council tax] requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component [F54council tax] requirement for the Assembly.

(8)If NM equals OM, then—

(a)the adjusted previous component [F54council tax] requirement for the Assembly,

equals

(b)the amount of the component [F54council tax] requirement for the Assembly for the previous financial year.

(9)The Authority's chief finance officer may direct that such amounts as he may specify in the direction are to be left out of account for the purpose of determining the adjusted previous component [F54council tax] requirement for the Assembly.

(10)The Secretary of State may give the chief finance officer guidance with respect to the exercise of the power to give a direction under sub-paragraph (9) above.

(11)The chief finance officer must have regard to any such guidance.

(12)For the purposes of this Schedule the “draft component [F55council tax] requirement” for any constituent body is the component [F55council tax] requirement for the body as stated in the draft component budget for the body.]

Textual Amendments

F50Words in Sch. 6 para. 5A(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)

F51Words in Sch. 6 para. 5A(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)

F52Words in Sch. 6 paras. 5A(3)-(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)

F53Words in Sch. 6 para. 5A(6)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)

F54Words in Sch. 6 paras. 5A(7)-(9) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)

F55Words in Sch. 6 para. 5A(12) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)

The Mayor’s final draft of the proposed consolidated budgetE+W+S

6(1)After—E+W+S

(a)the draft consolidated budget has been approved (with or without amendment) under paragraph 5 above, or

(b)such period as the Mayor considers reasonable has elapsed without the draft consolidated budget having been so approved,

the Mayor shall prepare a final draft of his proposed consolidated budget for the financial year (the “final draft budget”).

(2)In a case falling within paragraph (b) of sub-paragraph (1) above—

(a)the Mayor shall lay before the Assembly in accordance with the standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and

(b)on the laying of the statement, the Assembly shall be deemed to have approved the draft consolidated budget without amendment.

(3)Whether the Assembly have approved the draft consolidated budget with or without amendment, the final draft budget may be—

(a)the draft consolidated budget, as approved by the Assembly, with the amendments (if any) made under paragraph 5 above;

(b)the draft consolidated budget amended by the Mayor as he considers appropriate; or

(c)the same as the draft consolidated budget.

(4)The Mayor shall—

(a)present the final draft budget to the Assembly; and

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

(5)If—

(a)the Assembly approved the draft consolidated budget with amendments under paragraph 5 above, but

(b)the final draft budget is anything other than the draft consolidated budget with those amendments,

the Mayor, at the time when he presents the final draft budget to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft budget which is not the draft consolidated budget with those amendments.

(6)It shall be the duty of the Mayor (having regard to paragraph 8(7) below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.

[F56The Mayor's substitute consolidated budgetE+W+S

Textual Amendments

F56Sch. 6 para. 6A and cross-heading inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(4); S.I. 2011/2896, art. 2(i)

6A(1)This paragraph applies if the Mayor prepares a final draft budget that does not comply with the relevant principles.E+W+S

(2)The Mayor shall also prepare a draft substitute consolidated budget that complies with those principles.

(3)The Mayor shall—

(a)present the draft substitute consolidated budget to the Assembly, and

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

(4)The Mayor shall, at the time when the Mayor presents the draft substitute consolidated budget to the Assembly, lay before the Assembly in accordance with standing orders of the Authority a written statement of the reasons for the differences between the final draft budget and the draft substitute consolidated budget.

(5)It shall be the duty of the Mayor (having regard to paragraphs 8(7) and 8C below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.]

Failure of Mayor to present final draft budgetE+W+S

7(1)This paragraph applies if the Mayor has complied with paragraph 3(4) above but has failed to comply with paragraph 6(6) above.E+W+S

(2)Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority’s consolidated [F57council tax] requirement.

(3)The component [F57council tax] requirement of each of the constituent bodies shall be agreed by the Assembly.

(4)The Authority’s consolidated [F57council tax] requirement shall be deemed to be agreed by the Assembly accordingly.

[F58(4A)If the Authority's consolidated council tax requirement does not comply with the relevant principles, the Assembly shall also agree a substitute consolidated council tax requirement that complies with those principles at the public meeting.]

(5)Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the consolidated budget or the component budgets for the financial year in question.

Textual Amendments

F57Words in Sch. 6 para. 7(2)-(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(d); S.I. 2011/2896, art. 2(i)

Approval of Mayor’s final draft budget by AssemblyE+W+S

8(1)This paragraph applies where the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above.E+W+S

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

(3)After considering the final draft budget, the Assembly must approve it with or without amendment [F59 (but see paragraph 8A below) ] .

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

(5)If no amendments are made on consideration of the final draft budget, the final draft budget shall be deemed to be approved without amendment.

(6)The final draft budget as approved by the Assembly with or without amendment shall be the Authority’s consolidated budget for the financial year.

[F60(6A)Sub-paragraph (6B) below applies if—

(a)the final draft budget is approved by the Assembly with amendments, and

(b)as a result, the final draft budget no longer complies with the relevant principles.

(6B)The Assembly shall also agree a substitute consolidated budget that complies with those principles at the public meeting.]

(7)It shall be the duty of the Assembly to approve the final draft budget with or without amendment before the last day of February in the financial year preceding that to which the final draft budget relates.

Textual Amendments

F59Words in Sch. 6 para. 8(3) inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(6), 59(4); S.I. 2007/3107, art. 3

F60Sch. 6 para. 8(6A)(6B) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(6); S.I. 2011/2896, art. 2(i)

[F61Limit on Assembly's power to amend Mayor's final draft budget for the AssemblyE+W+S

Textual Amendments

F61Sch. 6 para. 8A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(7), 59(4); S.I. 2007/3107, art. 3

8A(1)In exercising its powers of amendment under paragraph 8 above, the Assembly must not make amendments affecting the amount of the final draft component [F62council tax] requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the final draft component [F63council tax] requirement for the Assembly, and

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

(3)The condition is that—

(a)the final draft component [F64council tax] requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component [F64council tax] requirement for the Assembly.

(4)Find the adjusted previous component [F64council tax] requirement for the Assembly as follows.

(5)Find NM and OM, where—

  • NM is the final draft component [F64council tax] requirement for the Mayor, before implementing any amendments under paragraph 8(3) above;

  • OM is the component [F64council tax] requirement for the Mayor for the previous financial year.

(6)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component [F65council tax] requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component [F65council tax] requirement for the Assembly.

(7)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component [F66council tax] requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component [F66council tax] requirement for the Assembly.

(8)If NM equals OM, then—

(a)the adjusted previous component [F67council tax] requirement for the Assembly,

equals

(b)the amount of the component [F67council tax] requirement for the Assembly for the previous financial year.

(9)Sub-paragraphs (9) to (11) of paragraph 5A above (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.

(10)For the purposes of this Schedule the “final draft component budget requirement” for any constituent body is the component [F68council tax] requirement for the body as stated in the final draft [F68council tax].]

Textual Amendments

F62Words in Sch. 6 para. 8A(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F63Words in Sch. 6 para. 8A(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F64Words in Sch. 6 paras. 8A(3)-(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F65Words in Sch. 6 para. 8A(6)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F66Words in Sch. 6 para. 8A(7) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F67Words in Sch. 6 para. 8A(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F68Words in Sch. 6 para. 8A(10) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

[F69Approval of substitute consolidated budget by Assembly following non-compliance by Mayor with paragraph 6AE+W+S

Textual Amendments

F69Sch. 6 paras. 8B-8D and cross-headings inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(7); S.I. 2011/2896, art. 2(i)

8B(1)This paragraph applies if—E+W+S

(a)the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above, and

(b)the Mayor has failed to comply with paragraph 6A(5) above.

(2)If at the public meeting held under paragraph 8 above the Assembly approves a final draft budget that does not comply with the relevant principles, it shall also agree a substitute consolidated budget that complies with those principles at that meeting.

Approval of substitute consolidated budget by Assembly following compliance by Mayor with paragraph 6AE+W+S

8C(1)This paragraph applies if—E+W+S

(a)the Mayor presents a draft substitute consolidated budget to the Assembly in accordance with paragraph 6A above,

(b)a public meeting is held under paragraph 8 above to consider the draft final budget to which it relates, and

(c)the final budget as approved at that public meeting continues not to comply with the relevant principles.

(2)The draft substitute consolidated budget must be considered at the public meeting.

(3)After considering the draft substitute consolidated budget, the Assembly must approve it with or without amendment (but see paragraph 8D below).

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

(5)If no amendments are made on consideration of the draft substitute consolidated budget, it shall be deemed to be approved without amendment.

(6)The draft substitute consolidated budget as approved by the Assembly with or without amendments shall be the Authority's substitute consolidated budget for the financial year.

Limit on Assembly's power to amend Mayor's substitute consolidated budgetE+W+S

8D(1)Paragraph 8A above applies to amendments to the draft substitute consolidated budget as it applies to amendments to the final draft budget but as if—E+W+S

(a)references to the final draft component council tax requirement for the Assembly were to the component council tax requirement for the Assembly as stated in the draft substitute consolidated budget, and

(b)references to the final draft component council tax requirement for the Mayor were to the component council tax requirement for the Mayor as stated in the draft substitute consolidated budget.

(2)In exercising its powers of amendment under paragraph 8C above, the Assembly must not in any event make amendments that mean that the draft substitute consolidated budget no longer complies with the relevant principles.]

Failure of Assembly to approve final draft budgetE+W+S

9E+W+SIf the Assembly fails to comply with paragraph 8(7) above, the final draft budget presented to the Assembly in accordance with paragraph 6 above shall be the Authority’s consolidated budget for the financial year.

[F70Failure of Assembly to approve substitute consolidated budget or council tax requirementE+W+S

Textual Amendments

F70Sch. 6 para. 9ZA and cross-heading 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. 7

9ZA.(1)This paragraph applies if—E+W+S

(a)the Assembly was required to prepare a draft substitute consolidated budget for a financial year in accordance with sub-paragraph (1A) of paragraph 4 above, but has failed to approve such a draft substitute consolidated budget at a public meeting held under sub-paragraph (2) of that paragraph,

(b)the Assembly was required to agree a substitute consolidated council tax requirement for a financial year at a public meeting in accordance with paragraph 7(4A) above, but has failed to comply with that requirement, or

(c)the Assembly was required to agree a substitute consolidated budget for a financial year at a public meeting in accordance with paragraph 8(6B) or 8B(2) above, but has failed to comply with that requirement.

(2)The Assembly must, at a public meeting of the Assembly, agree a substitute consolidated budget for the financial year or, as the case may be, a substitute consolidated council tax requirement for that year that (in either case) complies with the relevant principles.

(3)A public meeting held under sub-paragraph (2) to agree a substitute consolidated budget or a substitute consolidated council tax requirement for a financial year may be held at any time before or after the end of that year.]

[F71Failure of Assembly to approve draft substitute consolidated budgetE+W+S

Textual Amendments

F71Sch. 6 para. 9A and cross-heading inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 37(8); S.I. 2011/2896, art. 2(i)

9AE+W+SIf the Assembly fails to comply with paragraph 8C above, the draft substitute consolidated budget presented to the Assembly in accordance with paragraph 6A above shall be the Authority's substitute consolidated budget for the year.]

Regulations amending datesE+W+S

10E+W+SThe Secretary of State may by regulations modify this Schedule in its application in relation to any particular financial year, by substituting for any reference to 1st February in the preceding financial year a reference to such other day as may be specified in the regulations.

Commencement Information

I2Sch. 6 para. 10 wholly in force at 3.7.2000; by virtue of s. 425(2) it is provided that the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; Sch. 6 para. 10 in force at 3.7.2000 by S.I. 1999/3434, art. 4

PublicationE+W+S

11(1)The Mayor shall as soon as practicable publish each of the following documents—E+W+S

(a)the Authority’s consolidated budget for the year; and

(b)the component budget of each constituent body for the year.

(2)In this paragraph “relevant document” means any document required to be published under sub-paragraph (1) above.

(3)A copy of each relevant document shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

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

(5)In this paragraph “the appropriate period” in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.

Section 98.

SCHEDULE 7E+W+S Procedure for making of substitute calculations by the Authority

Modifications etc. (not altering text)

C4Sch. 7 applied by 1992 c. 14, s. 52ZU(11) (as inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 72(1), 240(2), Sch. 5; S.I. 2011/2896, art. 2(i))

PreliminaryE+W+S

1(1)This Schedule applies in relation to any substitute calculations which are required to be made in accordance with it.E+W+S

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

The Mayor’s first draftE+W+S

2(1)The Mayor shall prepare a draft of his proposals for the substitute calculations (“the first draft”).E+W+S

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

(a)the Assembly; and

(b)each of the functional bodies affected by the proposals.

(3)The Mayor shall—

(a)lay the first draft before the Assembly in accordance with standing orders of the Authority; and

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

Failure of Mayor to comply with paragraph 2(3)E+W+S

3(1)This paragraph applies if the Mayor has not complied with paragraph 2(3) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section [F7252ZW] of the M8Local Government Finance Act 1992.E+W+S

(2)Where this paragraph applies, the Assembly shall prepare a draft of their proposals for the substitute calculations, after consulting each of the functional bodies affected by the proposals.

(3)If, at a public meeting of the Assembly, the draft proposals prepared under sub-paragraph (2) above are approved by the Assembly—

(a)the Authority’s substitute calculations shall be the substitute calculations in that draft as so approved; and

(b)the following provisions of this Schedule shall not apply in relation to the substitute calculations.

Textual Amendments

F72Word in Sch. 7 para. 3(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 38(2); S.I. 2011/2896, art. 2(i)

Marginal Citations

Assembly consideration of Mayor’s first draftE+W+S

4(1)This paragraph applies where the Mayor has laid the first draft before the Assembly in accordance with paragraph 2 above.E+W+S

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

(3)The Assembly must approve the first draft with or without amendment.

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

(5)If no amendments are made on consideration of the first draft, the first draft shall be deemed to be approved without amendment.

[F73Limit on Assembly's powers to amend Mayor's first draft budget for the AssemblyE+W+S

Textual Amendments

F73Sch. 7 para. 4A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 14(2), 59(4); S.I. 2007/3107, art. 3

4A(1)In exercising its powers of amendment under paragraph 4(3) above, the Assembly must not make amendments affecting the amount of the first draft component [F74council tax] requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the first draft component [F75council tax] requirement for the Assembly, and

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

(3)The condition is that—

(a)the first draft component [F76council tax] requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component [F76council tax] requirement for the Assembly (see sub-paragraph (5)).

(4)This paragraph is without prejudice to section 49(2) of the Local Government Finance Act 1992 (substitute amount not to exceed previous amount (but see section 49(6) of that Act)).

(5)Find the adjusted previous component [F77council tax] requirement for the Assembly as follows.

(6)Find NM and OM, where—

  • NM is the first draft component [F77council tax] requirement for the Mayor, before implementing any amendments under paragraph 4(3) above;

  • OM is the component [F77council tax] requirement for the Mayor for the previous financial year.

(7)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component [F77council tax] requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component [F77council tax] requirement for the Assembly.

(8)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component [F77council tax] requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component [F77council tax] requirement for the Assembly.

(9)If NM equals OM, then—

(a)the adjusted previous component [F77council tax] requirement for the Assembly,

equals

(b)the amount of the component [F77council tax] requirement for the Assembly for the previous financial year.

(10)Sub-paragraphs (9) to (11) of paragraph 5A of Schedule 6 to this Act (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.

(11)For the purposes of this Schedule—

(a)component budget” has the same meaning as in Schedule 6 to this Act;

(b)the “first draft component budget” for any constituent body is the draft component budget for that body comprised in the first draft;

(c)the “first draft component [F78council tax] requirement” for any constituent body is the component [F78council tax] requirement for the body as stated in the first draft component budget for the body.]

Textual Amendments

F74Words in Sch. 7 para. 4A(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(a); S.I. 2011/2896, art. 2(i)

F75Words in Sch. 7 para. 4A(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(a); S.I. 2011/2896, art. 2(i)

F76Words in Sch. 7 para. 4A(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(a); S.I. 2011/2896, art. 2(i)

F77Words in Sch. 7 paras. 4A(5)-(9) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(a); S.I. 2011/2896, art. 2(i)

F78Words in Sch. 7 para. 4A(11)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(a); S.I. 2011/2896, art. 2(i)

The Mayor’s final draftE+W+S

5(1)After—E+W+S

(a)the first draft has been approved (with or without amendment) under paragraph 4 above, or

(b)such period as the Mayor considers reasonable has elapsed without the first draft having been so approved,

the Mayor shall prepare a final draft of his proposals for the substitute calculations (“the final draft”).

(2)In a case falling within paragraph (b) of sub-paragraph (1) above—

(a)the Mayor shall lay before the Assembly in accordance with standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and

(b)on the laying of the statement, the Assembly shall be deemed to have approved the first draft without amendment.

(3)Whether the Assembly have approved the first draft with or without amendment, the final draft may be—

(a)the first draft, as approved by the Assembly, with the amendments (if any) made under paragraph 4 above;

(b)the first draft amended by the Mayor as he considers appropriate; or

(c)the same as the first draft.

(4)The Mayor shall—

(a)present the final draft to the Assembly; and

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

(5)If—

(a)the Assembly approved the first draft with amendments under paragraph 4 above, but

(b)the final draft is anything other than the first draft with those amendments,

the Mayor, at the time when he presents the final draft to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft which is not the first draft with those amendments.

Failure of Mayor to present a final draftE+W+S

6(1)This paragraph applies if the Mayor has complied with paragraph 2(3) above but has failed to comply with paragraph 5(4) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section [F7952ZW] of the M9Local Government Finance Act 1992.E+W+S

(2)Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority’s substitute calculations.

(3)The substitute calculations shall be agreed by the Assembly.

(4)Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the substitute calculations.

Textual Amendments

F79Word in Sch. 7 para. 6(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 38(3); S.I. 2011/2896, art. 2(i)

Marginal Citations

Approval of Mayor’s final draft by AssemblyE+W+S

7(1)This paragraph applies where the Mayor presents a final draft to the Assembly in accordance with paragraph 5 above.E+W+S

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

(3)After considering the final draft, the Assembly must approve it with or without amendment.

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

(5)If no amendments are made on consideration of the final draft, the final draft shall be deemed to be approved without amendment.

(6)The Authority’s substitute calculations shall be those in the final draft as approved by the Assembly with the amendments (if any) made in accordance with sub-paragraphs (3) and (4) above.

[F80Limit on Assembly's power to amend Mayor's final draft budget for the AssemblyE+W+S

Textual Amendments

F80Sch. 7 para. 7A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 14(3), 59(4); S.I. 2007/3107, art. 3

7A(1)In exercising its powers of amendment under paragraph 7 above, the Assembly must not make amendments affecting the amount of the final draft component [F81council tax] requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the final draft component [F82council tax] requirement for the Assembly, and

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

(3)The condition is that—

(a)the final draft component [F83council tax] requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component [F83council tax] requirement for the Assembly (see sub-paragraph (5)).

(4)This paragraph is without prejudice to section 49(2) of the Local Government Finance Act 1992 (substitute amount not to exceed previous amount (but see section 49(6) of that Act)).

(5)Find the adjusted previous component [F84council tax] requirement for the Assembly as follows.

(6)Find NM and OM, where—

  • NM is the final draft component [F84council tax] requirement for the Mayor, before implementing any amendments under paragraph 7(3) above;

  • OM is the component [F84council tax] requirement for the Mayor for the previous financial year.

(7)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component [F84council tax] requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component [F84council tax] requirement for the Assembly.

(8)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component [F84council tax] requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component [F84council tax] requirement for the Assembly.

(9)If NM equals OM, then—

(a)the adjusted previous component [F84council tax] requirement for the Assembly,

equals

(b)the amount of the component [F84council tax] requirement for the Assembly for the previous financial year.

(10)Sub-paragraphs (9) to (11) of paragraph 5A of Schedule 6 to this Act (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.

(11)For the purposes of this Schedule the “final draft component [F85council tax] requirement” for any constituent body is the component [F85council tax] requirement for that body as stated in the final draft.]

Textual Amendments

F81Words in Sch. 7 para. 7A(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(b); S.I. 2011/2896, art. 2(i)

F82Words in Sch. 7 para. 7A(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(b); S.I. 2011/2896, art. 2(i)

F83Words in Sch. 7 para. 7A(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(b); S.I. 2011/2896, art. 2(i)

F84Words in Sch. 7 paras. 7A(5)-(9) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(b); S.I. 2011/2896, art. 2(i)

F85Words in Sch. 7 para. 7A(11) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 41(b); S.I. 2011/2896, art. 2(i)

Failure of Assembly to approve final draft within 21 daysE+W+S

8E+W+SIf the Assembly fails to approve the final draft, with or without amendment, before the end of the period of 21 days beginning with the day on which the Mayor presented the final draft, the Authority’s substitute calculations shall be those in the final draft presented to the Assembly in accordance with paragraph 5 above.

PublicationE+W+S

9(1)This paragraph applies where any substitute calculations are made in accordance with this Schedule.E+W+S

(2)Where this paragraph applies, the Mayor shall as soon as practicable publish a document containing the substitute calculations.

(3)In this paragraph “relevant document” means any document required to be published under sub-paragraph (2) above.

(4)A copy of each relevant document shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(5)A copy of any relevant document, or any part of a relevant document, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(6)In this paragraph “the appropriate period” in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.

Prospective

Section 133.

F86SCHEDULE 8U.K. Amendments of the Audit Commission Act 1998

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

Textual Amendments

F86Sch. 8 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Section 136.

F87SCHEDULE 9E+W+S Amendments to Local Government Finance Act 1992

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

Textual Amendments

Section 154.

SCHEDULE 10E+W+S Transport for London

Status and capacityE+W+S

1(1)Transport for London shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W+S

(2)The members and staff of Transport for London shall not be regarded as civil servants and the property of Transport for London shall not be regarded as property of, or held on behalf of, the Crown.

(3)It shall be within the capacity of Transport for London to do such things and enter into such transactions as are calculated to facilitate, or are conducive or incidental to, the discharge of any of its functions.

Membership of Transport for LondonE+W+S

2(1)Subject to sub-paragraph (2), Transport for London shall consist of not less than eight nor more than [F88seventeen] members, all of whom shall be appointed by the Mayor.E+W+S

(2)The Mayor may choose to be a member of Transport for London and where he does so he shall appoint not less than seven nor more than [F89sixteen] other members under sub-paragraph (1) above.

[F90(2A)The Mayor must exercise his powers under this paragraph so as to secure that at least two members of Transport for London are able to represent the interests of the persons living, working and studying in areas outside Greater London that are served by railway passenger services in respect of which Transport for London carries out functions, or is likely to do so.]

(3)In appointing a person under sub-paragraph (1) above, the Mayor shall have regard to the desirability of ensuring that the members of Transport for London between them have experience in—

(a)transport (including in particular the impact of transport on business and the environment),

(b)finance and commerce,

(c)national and local government,

(d)the management of organisations, and

(e)the organisation of trade unions, or matters relating to workers generally,

and that the membership of Transport for London represents the interests in relation to transport of women and of persons who require transport which is accessible to persons with mobility problems.

[F91(3A)Before making an appointment for the purposes of sub-paragraph (2A) above, the Mayor must consult the [F92responsible regional authorities (within the meaning of Part 5 of the Local Democracy, Economic Development and Construction Act 2009)] for each of the regions where the areas served by the services mentioned in that sub-paragraph are situated.]

F93(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The terms and conditions of appointment of a member of Transport for London (including conditions as to remuneration [F96and allowances] ) shall be such as the Mayor may determine [F97(but this is subject to paragraph 3A below)].

(7)The Mayor may by notice to a member of Transport for London remove that member from office.

[F98(8)In this paragraph—

railway passenger service” has the same meaning as in Part 1 of the Railways Act 1993; and

regional planning body” and “region” have the same meanings as in Part 1 of the Planning and Compulsory Purchase Act 2004.]

Textual Amendments

F88Word in Sch. 10 para. 2(1) substituted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(2), 60(2); S.I. 2007/1993, art. 2

F89Word in Sch. 10 para. 2(2) substituted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(3), 60(2); S.I. 2007/1993, art. 2

F90Sch. 10 para. 2(2A) inserted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(4), 60(2); S.I. 2007/1993, art. 2

F91Sch. 10 para. 2(3A) inserted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(5), 60(2); S.I. 2007/1993, art. 2

F96Words in Sch. 10 para. 2(6) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 19(2)(a), 59(7); S.I. 2008/113, art. 2(b)

F97Words in Sch. 10 para. 2(6) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 19(2)(b), 59(7); S.I. 2008/113, art. 2(b)

F98Sch. 10 para. 2(8) inserted (8.8.2007) by Railways Act 2005 (c. 14), ss. 17(7), 60(2); S.I. 2007/1993, art. 2

Chairman and deputy chairmanE+W+S

3(1)Subject to sub-paragraph (2), the Mayor shall designate—E+W+S

(a)one of the members of Transport for London to be chairman of Transport for London, and

(b)another of the members to be deputy chairman of Transport for London.

(2)Where the Mayor is a member of Transport for London, he shall be the chairman.

[F99Remuneration etc not to be paid to members who are also Assembly membersE+W+S

Textual Amendments

F99Sch. 10 para. 3A inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 19(3), 59(7); S.I. 2008/113, art. 2(b)

3A(1)Payments by way of remuneration or allowances, other than allowances in respect of travel or subsistence, shall not be made to members of Transport for London who are also Assembly members.E+W+S

(2)Sub-paragraph (1) above does not prevent the payment of an allowance under paragraph 2(6) above to the chairman or deputy chairman of Transport for London in respect of that office.]

StaffE+W+S

4(1)Transport for London may appoint such staff as it considers necessary for assisting it in the exercise of any of its functions.E+W+S

(2)The staff of Transport for London shall be appointed on such terms and conditions (including conditions as to remuneration) as Transport for London shall determine.

Proceedings of Transport for LondonE+W+S

5(1)Subject to the provisions of this Schedule, Transport for London may regulate its own procedure and that of committees of Transport for London and sub-committees of such committees (and in particular may specify a quorum for meetings).E+W+S

(2)The validity of any proceedings of Transport for London shall not be affected—

(a)by any vacancy among the members or in the office of chairman or deputy chairman, or

(b)by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of Transport for London.

Membership of committees and sub-committeesE+W+S

6(1)A committee of Transport for London or a sub-committee of such a committee may include persons who are not members of Transport for London.E+W+S

(2)A person who is a member of a committee of Transport for London or a sub-committee of such a committee but is not a member of Transport for London shall be a non-voting member of the committee or sub-committee.

Delegation by Transport for LondonE+W+S

7(1)Subject to any express provision contained in this Act or any Act passed after this Act, Transport for London may arrange for any of its functions to be discharged on its behalf by—E+W+S

(a)any committee of Transport for London,

(b)any sub-committee of such a committee,

(c)any wholly owned subsidiary ([F100as defined in section 1159 of the Companies Act 2006]) of Transport for London,

(d)any member or officer of Transport for London, or

(e)any body of members or officers, or members and officers, of Transport for London.

(2)Where Transport for London makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by Transport for London.

(3)Arrangements made by Transport for London for the discharge of functions under this paragraph shall not prevent Transport for London from exercising those functions.

Delegation by committees, sub-committees, etcE+W+S

8(1)Where Transport for London makes arrangements for the discharge of any function by a committee under paragraph 7 above, the committee may (subject to any conditions imposed by Transport for London) arrange for the discharge of the function on its behalf by—E+W+S

(a)any sub-committee of the committee,

(b)any member or officer of Transport for London, or

(c)any body of members or officers, or members and officers, of Transport for London.

(2)Where—

(a)Transport for London makes arrangements for the discharge of any function by a sub-committee under paragraph 7 above, or

(b)a committee of Transport for London makes arrangements for the discharge of any function by a sub-committee under sub-paragraph (1) above,

the sub-committee may (subject to any conditions imposed by Transport for London or the committee) arrange for the discharge of the function on its behalf by any member or officer of Transport for London, or any body of members or officers, or members and officers, of Transport for London.

(3)Where a committee or sub-committee makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by the committee or sub-committee.

(4)Arrangements made by a committee or sub-committee for the discharge of functions under this paragraph shall not prevent the committee or sub-committee from exercising those functions.

Joint committees with local authoritiesE+W+S

9(1)Transport for London shall be treated as a local authority for the purposes of the following provisions of the M10Local Government Act 1972 (arrangements for discharge of functions of a local authority by joint committees with other local authorities)—E+W+S

(a)section 101(5),

(b)section 102 apart from subsection (1)(a) and subsection (4) to the extent that it would permit Transport for London to appoint a committee which is not a joint committee, and

(c)section 103.

(2)Nothing in section 13 of the M11Local Government and Housing Act 1989 shall require a person to be treated as a non-voting member of a committee appointed by Transport for London and one or more other local authorities by virtue of section 101(5) of the M12Local Government Act 1972 if that person—

(a)is appointed to the committee by Transport for London, and

(b)is not a member of Transport for London.

MinutesE+W+S

10(1)Minutes shall be kept of proceedings of Transport for London, of its committees and of sub-committees of such committees.E+W+S

(2)Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.

(3)Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.

Application of seal and proof of instrumentsE+W+S

11(1)The application of the seal of Transport for London shall be authenticated by the signature of any member, officer or member of staff of Transport for London who has been authorised for the purpose, whether generally or specially, by Transport for London.E+W+S

(2)In sub-paragraph (1) above the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 12 below, the word “signed” shall be construed accordingly.

Documents served etc by or on Transport for LondonE+W+S

12(1)Any document which Transport for London is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of Transport for London by any member, officer or member of staff of Transport for London who has been authorised for the purpose, whether generally or specially, by Transport for London.E+W+S

(2)Every document purporting to be an instrument made or issued by or on behalf of Transport for London and to be duly executed under the seal of Transport for London, or to be signed or executed by a person authorised by Transport for London for the purpose, shall be received in evidence and be treated, without further proof, as being so made or so issued unless the contrary is shown.

(3)Any notice which is required or authorised, by or under any provision of any other Act, to be given, served or issued by, to or on Transport for London shall be in writing.

Members’ interestsE+W+S

13(1)If a member of Transport for London has any interest, whether direct or indirect, and whether pecuniary or not, in any matter that is brought up for consideration at a meeting of Transport for London he shall disclose the nature of the interest to the meeting; and, where such a disclosure is made—E+W+S

(a)the disclosure shall be recorded in the minutes of the meeting; and

(b)the member shall not take any part in any deliberation or decision of Transport for London, or any of its committees or sub-committees, with respect to that matter.

(2)A member need not attend in person at a meeting of Transport for London in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.

(3)The Mayor may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of Transport for London disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.

(4)The power of the Mayor under sub-paragraph (3) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Mayor.

(5)Where the Mayor exercises the power under sub-paragraph (3) above to remove a disability—

(a)he shall notify Transport for London that he has done so, and of his reasons for doing so, and

(b)the removal of the disability and the Mayor’s reasons shall be recorded in the minutes of Transport for London.

(6)If any person fails to comply with the provisions of sub-paragraph (1) above, he shall for each offence be liable on summary conviction to a fine not exceeding level 4 on the standard scale unless he proves that he did not know that the contract, proposed contract or other matter in which he had the interest was the subject of consideration at the meeting.

(7)A prosecution for an offence under this paragraph shall not be instituted except by or on behalf of the Director of Public Prosecutions.

(8)Transport for London may provide for the exclusion of a member from a meeting of Transport for London while any contract, proposed contract or other matter in which he has such an interest as is mentioned in sub-paragraph (1) above is under consideration.

(9)Section 95 of the M13Local Government Act 1972 (pecuniary interests for the purposes of section 94) shall apply for the purposes of this paragraph as it applies for the purposes of that section.

(10)Section 96 of that Act (general notices and recording of disclosures for the purposes of section 94) shall apply for the purposes of this paragraph, but taking—

(a)any reference to a proper officer of the authority as a reference to an officer appointed by Transport for London for the purpose;

(b)any reference to a member of the authority as a reference to a member of Transport for London;

(c)any reference to premises owned by the authority as a reference to premises owned by Transport for London; and

(d)any reference to section 94 of that Act as a reference to this paragraph.

(11)Subsections (4) and (5) of section 97 of that Act (disregard of certain interests for the purposes of section 94) shall apply in relation to this paragraph as they apply in relation to section 94 of that Act, but as if—

(a)the members of Transport for London were members of a local authority; and

(b)in subsection (5), for “a pecuniary interest” there were substituted “ an interest (whether pecuniary or not) ”.

(12)Section 19 of the M14Local Government and Housing Act 1989 (members’ interests) shall apply as if—

(a)Transport for London were a local authority;

(b)the members of Transport for London were the members of that local authority;

(c)an officer appointed by Transport for London for the purpose were the proper officer of that local authority,

(d)any reference to a pecuniary interest were a reference to an interest, whether pecuniary or not; and

(e)any reference to section 94 of the M15Local Government Act 1972 were a reference to this paragraph.

Section 156.

SCHEDULE 11E+W+S Miscellaneous powers of Transport for London

Carriage and storageE+W+S

1(1)Transport for London may carry passengers by any form of land or water transport (including in either case hovercraft) within, to or from Greater London.E+W+S

(2)Transport for London may carry passengers as mentioned in sub-paragraph (1) above between places outside Greater London, in so far as Transport for London considers it requisite to do so—

(a)in connection with the exercise of its powers under that sub-paragraph; or

(b)in order to avoid an interruption of services provided by London Regional Transport in exercise of its powers under paragraph 1(2)(b) of Schedule 2 to the M16London Regional Transport Act 1984 (provision of services outside Greater London to avoid interruption of services formerly provided by the London Transport Executive under the M17Transport (London) Act 1969).

(3)Transport for London may also carry luggage and other goods.

Marginal Citations

2(1)Transport for London may enter into arrangements with any person providing passenger transport services by air for the provision of such services between places in Greater London or between such places and places outside Greater London.E+W+S

(2)Without prejudice to its powers under section 156 of this Act, Transport for London may enter into arrangements with any person operating a business of providing passenger vehicles for hire (whether with or without the services of a driver, and whether under private hire arrangements or by way of plying for public hire), for that person to make passenger vehicles operated by him available for hire, or for use in accordance with the arrangements, on such terms and in such manner as may be provided for by the arrangements, in or between places in Greater London or between such places and places outside Greater London.

(3)Any arrangements under this paragraph may include provision for the making of payments by Transport for London to the other party to the arrangements.

3(1)Transport for London may store within Greater London or in any premises of Transport for London outside Greater London goods which have been or are to be carried by Transport for London or a subsidiary of Transport for London.E+W+S

(2)So far as any premises provided for the purpose of discharging that or any other function of Transport for London are not required for that purpose, Transport for London may use those premises to provide facilities for the storage of other goods.

Incidental amenities and facilitiesE+W+S

4E+W+STransport for London may provide amenities or facilities, and construct works, for the purpose of making those amenities, facilities or works available for the use of any other person in pursuance of any agreement under section 156(6).

5(1)Transport for London may provide such amenities and facilities as it considers would benefit persons using—E+W+S

(a)any services or facilities provided by Transport for London, by any subsidiary of Transport for London, or by any other person in pursuance of any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) of this Act or in pursuance of a transport subsidiary’s agreement; or

(b)any other London passenger services or London connecting services.

(2)Without prejudice to its powers under sub-paragraph (1) above, Transport for London may provide car parks and amenities or facilities for persons using them at any place convenient for prospective users of any services falling within sub-paragraph (1)(a) or (b) above.

(3)Transport for London may provide facilities for the parking or keeping of any public service vehicles used in the provision of any London passenger service or London connecting service at any place convenient for persons providing any such service.

(4)In this paragraph—

  • London passenger service” means any service for the carriage of passengers within, to or from Greater London (whether or not provided by Transport for London, by any subsidiary of Transport for London, or by any such other person as is mentioned in sub-paragraph (1)(a) above); and

  • London connecting service” means any service for the carriage of passengers to or from any place outside Greater London but convenient for prospective users of London passenger services or for persons seeking to transfer from London passenger services to services for the carriage of passengers to destinations further afield (including destinations outside the United Kingdom).

6(1)Where by virtue of any provision of paragraph 4 or 5 above Transport for London has power to provide any amenities or facilities (including any amenities or facilities of a particular description specifically mentioned in any such provision), Transport for London may enter into arrangements for the provision (including the management or operation) or (as the case may be) for the management or operation of any such amenities or facilities by any other person.E+W+S

(2)Any arrangements under this paragraph may include provision for the making of payments by Transport for London to, or for the giving of guarantees or any other financial assistance by Transport for London for the benefit of, the other party to the arrangements.

(3)References in this Act to amenities or facilities provided by Transport for London include amenities or facilities provided, or managed or operated, by any other person in pursuance of arrangements under this paragraph.

Charges for services and facilitiesE+W+S

7(1)Transport for London may make (or waive) such charges for services and facilities and make the use of services and facilities subject to such terms and conditions, as Transport for London thinks fit.E+W+S

(2)Transport for London’s power under sub-paragraph (1) above is subject only to the provisions of this Act and to any local enactment so far as that local enactment expressly provides for freedom from charges or otherwise prohibits the making of any charge (as distinct from limiting the discretion of persons carrying on any particular undertaking as to the charges of any description to be made by them).

Machinery and componentsE+W+S

8(1)Transport for London may manufacture and repair any spare parts and components or other supplementary machinery or equipment required for the purpose of the operation or repair of any existing vehicles or other equipment of Transport for London or of any subsidiary of Transport for London.E+W+S

(2)Transport for London may repair any vehicles or other equipment, whether owned by Transport for London or any subsidiary of Transport for London or by any other person, and for the purpose of repairing any vehicle or equipment not belonging to Transport for London may supply any necessary parts and components for that vehicle or equipment.

(3)In this paragraph—

(a)references to manufacture include references to construction and production; and

(b)references to repair include references to maintenance.

Technical assistance and adviceE+W+S

9(1)Transport for London may provide for any person professional or technical advice or assistance, including research and other services, as respects any matter in which Transport for London has skill, experience or expertise.E+W+S

(2)Transport for London may, on the request of any person for whom it is providing advice or assistance under sub-paragraph (1) above, establish for that person an undertaking carrying on any business in which Transport for London has skill or experience and manage it on that person’s behalf.

(3)Transport for London may make such charges as it thinks fit in respect of anything done in exercise of its powers under this paragraph.

10(1)In this paragraph—E+W+S

(a)relevant passenger service” means any London passenger service or London connecting service within the meaning of paragraph 5 above which is provided by any form of land or water transport (including, in either case, hovercraft); and

(b)independent service” means any relevant passenger service provided otherwise than by Transport for London or by any of its subsidiaries.

(2)Transport for London may enter into arrangements with any person providing independent services for the reciprocal provision, on such terms as may be provided for by the arrangements, of ancillary services by each party to the arrangements in respect of any relevant passenger services provided by the other.

(3)In sub-paragraph (2) above, “ancillary services” includes, in relation to any relevant passenger services, the sale of tickets for the carriage of passengers on those services, the reservation of seats in vehicles used in the provision of those services and the provision of information about those services to members of the general public.

Exploitation of commercial opportunitiesE+W+S

11E+W+STransport for London may let vehicles on hire.

12(1)Transport for London may dispose (whether absolutely or for a term of years) of any part of its undertaking or any property which in the opinion of the Mayor is not required by Transport for London for the purposes of the discharge by Transport for London of any of its functions and, in particular, may dispose of any interest in, or right over, any property which, subject to that interest or right, is retained by Transport for London.E+W+S

(2)Transport for London may supply to any person spare parts and components for passenger road vehicles disposed of by Transport for London in the exercise of its powers under sub-paragraph (1) above, or by a subsidiary of Transport for London, as being no longer required for the purposes of the discharge by Transport for London of any of its functions.

13E+W+STransport for London may—

(a)invest sums not immediately required for the purposes of the discharge by Transport for London of any of its functions,

(b)turn its resources to account so far as not required for those purposes, and

(c)spend such sums as it considers reasonable in the exploitation of commercial opportunities arising from the activities it carries on in the discharge of its functions.

Intermodal freight facilitiesE+W+S

14E+W+STransport for London may provide and maintain facilities for the transfer of freight—

(a)from a railway to any other mode of transport,

(b)to a railway from any other mode of transport,

(c)from a waterway to any other mode of transport,

(d)to a waterway from any other mode of transport.

Acquisition, disposal and development of landE+W+S

15(1)Transport for London may develop its land in such manner as it thinks fit.E+W+S

(2)Transport for London may in particular—

(a)develop for use by other persons land belonging to Transport for London which is not required for the purposes of the discharge by Transport for London of any of its functions, and

(b)where the use of Transport for London’s land for the purposes of the discharge by Transport for London of any of its functions can be combined with its use by other persons, develop the land by constructing or adapting buildings on it for use wholly or partly by other persons,

with a view to the disposal of any right or interest in the land or (as the case may be) the buildings or any part of the buildings after the development is carried out.

(3)Where Transport for London proposes under this paragraph to develop any land for use otherwise than for the purposes of discharging any of its functions it may acquire by agreement other land in the vicinity for the purpose of developing it together with that land.

16E+W+STransport for London may grant an interest to any person in any land which it uses for the purposes of discharging any of its functions.

Prospective

17E+W+SSubject to paragraph 20 below, where Transport for London has an interest in land which is used otherwise than for the purposes of discharging any of its functions, it may acquire by agreement additional interests in that land in order better to exploit the interest which it already has in that land.

18(1)Subject to paragraph 20 below, Transport for London may acquire land for the purposes of discharging any of its functions (including the rehousing [F101or relocating] of the occupiers of dwellings [F102or other properties] acquired or to be acquired by Transport for London [F103or a subsidiary of Transport for London] ).E+W+S

(2)The power of Transport for London to acquire land under sub-paragraph (1) above includes a power to purchase land which Transport for London has no immediate plans to use or develop.

(3)Transport for London may acquire land by agreement for the purposes of any agreement entered into by it under section 156(2) or (3) of this Act or of any transport subsidiary’s agreement.

(4)Where Transport for London proposes to dispose of any of its land it may acquire by agreement land in the vicinity for the purpose of disposing of it together with the other land.

Textual Amendments

F101Words in Sch. 11 para. 18(1) inserted (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 50(a)

F102Words in Sch. 11 para. 18(1) inserted (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 50(b)

F103Words in Sch. 11 para. 18(1) inserted (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 50(c)

19(1)Subject to the following provisions of this paragraph and paragraph 20 below, the Secretary of State may authorise Transport for London to purchase compulsorily any land which is required by Transport for London or a subsidiary of Transport for London for the purposes of the discharge of any function.E+W+S

(2)The M18Acquisition of Land Act 1981 shall apply to any compulsory purchase by virtue of sub-paragraph (1) above.

(3)Transport for London shall not by virtue of sub-paragraph (1) above submit to the Secretary of State a compulsory purchase order authorising the acquisition of any land in accordance with section 2(2) of the Acquisition of Land Act 1981 unless the Mayor has given his consent.

(4)Activities carried on by Transport for London by virtue of paragraph 9 above shall not be treated for the purposes of sub-paragraph (1) above as the discharge by Transport for London of any of its functions.

(5)This paragraph does not authorise Transport for London to purchase compulsorily land which it has power to acquire by agreement under paragraph 15(3) or 18(3) or (4) above.

(6)Subject to sub-paragraph (7) below, the power of purchasing land compulsorily in this paragraph includes power to acquire an easement or other right over land by the creation of a new right.

(7)Sub-paragraph (6) above does not apply to an easement or other right over land which forms part of a common, open space or fuel or field garden allotment within the meaning of section 19 of the M19Acquisition of Land Act 1981.

Marginal Citations

20E+W+SExcept as provided by [F104section 403A, 403B or] paragraph 15(3), 17 or 18(3) or (4) above, Transport for London does not have power to acquire land (or any interest in land) for purposes which are not related to any of the activities, other than the development of land, of Transport for London or any subsidiary of Transport for London.

Textual Amendments

21E+W+SWhere any activities for which provision is made by an agreement under section 156(2) or (3) of this Act or under a transport subsidiary’s agreement cease to be carried on by the other party (whether by reason of the expiry or termination of the agreement or otherwise), Transport for London may—

(a)acquire by agreement any land or other property used for the purpose of carrying on those activities; and

(b)in the case of an agreement under section 156(3) of this Act or of a transport subsidiary’s agreement falling within section 169(3) above, itself carry on those activities notwithstanding that it would not otherwise have power to do so.

Research and development of policiesE+W+S

22(1)Transport for London may do anything which appears to it to be practicable and desirable for the purpose of promoting—E+W+S

(a)research into matters affecting, or arising out of, the exercise of the functions of Transport for London or any of its subsidiaries, and

(b)the exploitation of the results of any research into any such matter (whether or not promoted by Transport for London) and of anything resulting from any idea affecting, or arising out of, the exercise of any of those functions.

(2)In paragraph (1)(b) above “exploitation” means the doing of any work requisite to enable the results or (as the case may be) the thing in question to be turned to account.

(3)Transport for London may exercise the powers under sub-paragraph (1) above by carrying out any research or work for that purpose itself or by arranging for it to be carried out or done by some other person with or without assistance (including financial assistance) from Transport for London.

(4)Nothing in this paragraph authorises Transport for London, either directly or through a subsidiary of Transport for London, to do any work which it would not have power to do apart from this paragraph.

Welfare and efficiency of employeesE+W+S

23(1)Transport for London may do anything it thinks fit for the purpose of advancing—E+W+S

(a)the skill of persons employed by Transport for London or by any subsidiary of Transport for London;

(b)the efficiency of the equipment of Transport for London or of any subsidiary of Transport for London or of the manner in which that equipment is operated;

including providing, or assisting others in providing, facilities for training, education and research.

(2)Transport for London may provide houses, hostels and other similar accommodation for persons employed by Transport for London or by any subsidiary of Transport for London.

Acquisition of undertakings etcE+W+S

24E+W+STransport for London may acquire any undertaking or part of an undertaking if the assets comprised in the undertaking or the part of the undertaking are wholly or mainly assets which Transport for London requires for the purposes of discharging any of its functions.

25E+W+SFor the purposes of discharging any of its functions, Transport for London may subscribe for or acquire any securities of a body corporate.

Byelaws for railwaysE+W+S

26(1)Transport for London may make byelaws regulating—E+W+S

(a)the use and working of its railways;

(b)travel on its railways;

(c)the maintenance of order on its railways and railway premises, including stations and the approaches to stations;

(d)the conduct of all persons while on those premises, including officers and employees of Transport for London.

(2)Byelaws made by Transport for London by virtue of sub-paragraph (1) above may include in particular byelaws—

(a)with respect to tickets issued for entry on its railway premises or travel on its railways and the evasion of payment of fares and other charges;

(b)with respect to interference with or obstruction of the working of the railways;

(c)with respect to the smoking of tobacco in railway carriages and elsewhere;

(d)with respect to the prevention of nuisances;

(e)with respect to the receipt and delivery of goods;

(f)for regulating the passage of bicycles and other vehicles on footways and other premises controlled by Transport for London and intended for the use of pedestrians.

(3)Any byelaws made by virtue of sub-paragraph (1) above may provide that any person contravening them shall be liable on summary conviction to a fine for each offence not exceeding level 3 on the standard scale or not exceeding a lesser amount.

(4)Where the contravention of a byelaw made by virtue of sub-paragraph (1) above causes—

(a)danger or annoyance to the public, or

(b)hindrance to Transport for London in the lawful use of its railway,

Transport for London may summarily interfere to obviate or remove the danger, annoyance or hindrance.

(5)Anything done by Transport for London under sub-paragraph (4) above is without prejudice to the taking of summary proceedings under sub-paragraph (3) above.

(6)Subsections (5) to (12) of section 67 of the M20Transport Act 1962 (byelaws for railways etc.) shall apply in relation to byelaws made by Transport for London by virtue of sub-paragraph (1) above as they apply to byelaws made under that section but taking references in those subsections to the Board as references to Transport for London.

(7)For the purposes of this paragraph—

(a)railways, railway premises, officers or employees of a subsidiary of Transport for London shall be deemed to be railways, railway premises, officers or employees of Transport for London, and

(b)footways and other premises controlled by a subsidiary of Transport for London shall be deemed to be footways and other premises controlled by Transport for London.

Modifications etc. (not altering text)

C6Sch. 11 para. 26(1)-(3) modified (13.3.2012) by The London Cable Car Order 2012 (S.I. 2012/472), arts. 1, 6(1)

C7Sch. 11 para. 26(4)(5) applied (with modifications) (13.3.2012) by The London Cable Car Order 2012 (S.I. 2012/472), arts. 1, 6(2)

Marginal Citations

Byelaws for landing placesE+W+S

27(1)Subject to sub-paragraphs (2) and (3) below, Transport for London may make and enforce byelaws for regulating or controlling the use of any landing place which is vested in or operated by it or any of its subsidiaries.E+W+S

(2)Sub-paragraph (1) above does not apply to any landing place for which the Port of London Authority has power to make byelaws under section 161 of the M21Port of London Act 1968 (byelaws for port premises).

(3)No byelaw made by Transport for London under sub-paragraph (1) above shall conflict or interfere with the operation of any byelaw made by the Port of London Authority under section 162(1)(b) or (e) of the M22Port of London Act 1968 (Thames byelaws).

(4)The power conferred by sub-paragraph (1) above includes the power to make and enforce byelaws specifying—

(a)persons or descriptions of persons who, or

(b)vessels or descriptions of vessels which,

may or may not use a landing place.

(5)A person who contravenes a byelaw made under this paragraph shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

(6)For the purposes of this paragraph, “landing place” means any waterside landing place, wharf, pier, jetty, pontoon, causeway, hard, footway or other installation, and includes any associated buildings and approaches to it over and from land.

(7)This paragraph is without prejudice to the provisions of any other enactment.

Marginal Citations

MuseumsE+W+S

28(1)Transport for London may provide and maintain a museum of transport artefacts, records and other exhibits and may do anything necessary or expedient for or in connection with the provision or maintenance of the museum.E+W+S

(2)Transport for London may make a charge for admission to a museum maintained by it.

SupplementaryE+W+S

29E+W+SIf Transport for London engages, either directly or through a subsidiary, in any activities authorised by paragraph 11 or 15(2) or (3) above, it shall in carrying on those activities act as if it were a company engaged in a commercial enterprise or (as the case may be) shall exercise its control over that subsidiary so as to ensure that the subsidiary in carrying on those activities acts as a company so engaged.

30E+W+SAny specific power conferred on Transport for London by or by virtue of any provision of this Act to make any loan or give any guarantee or to subscribe for or acquire any securities shall not affect the power of Transport for London—

(a)to lend money by way of investment or to subscribe for or acquire securities by way of investment; or

(b)to leave outstanding any loan made or guarantee given, or to retain any securities acquired, by London Regional Transport or by any predecessor in title of London Regional Transport.

MiscellaneousE+W+S

31(1)Neither Transport for London nor any subsidiary of Transport for London shall be regarded as a common carrier by rail or inland waterway.E+W+S

(2)No local enactment passed or made with respect to any particular undertaking so far as it imposes on persons carrying on that undertaking—

(a)a duty to connect, or afford facilities for the connection of, any siding to a railway; or

(b)a duty to permit privately owned railway wagons to be used on a railway owned or operated by them; or

(c)a duty (otherwise than to a named person, or to the successor of a named person, or for the benefit of specified lands) to provide or maintain any other railway services or facilities (including the provision of stations, sidings or carriages and of any services, facilities or amenities connected with stations, sidings or carriages);

or so far as it otherwise makes provision corresponding to any of the repealed enactments, shall apply to Transport for London.

(3)The reference in sub-paragraph (2) above to the repealed enactments is a reference to the following enactments, that is to say—

  • section 76 of the M23Railways Clauses Consolidation Act 1845;

  • section 69 of the M24Railways Clauses Consolidation (Scotland) Act 1845;

  • sections 2 and 7 of the M25Railway and Canal Traffic Act 1854;

  • sections 16 and 39 of the M26Railways Act 1921;

  • section 30 of the M27London Passenger Transport Act 1933;

  • section 39 of the M28Road and Rail Traffic Act 1933; and

  • section 22 of the M29Transport Act 1953;

all of which made provision with respect to transport charges and facilities and were repealed by the M30Transport Act 1962.

Other powersE+W+S

32E+W+STransport for London may do all other things which in its opinion are necessary or expedient to facilitate the discharge by it of any of its functions, including the securing of the performance of any agreement entered into by it under section 156 of this Act or of any transport subsidiary’s agreement.

33E+W+STransport for London may do anything necessary for the purpose of fulfilling a contract which by virtue of section 300 or 415 of this Act has effect as if made by Transport for London, notwithstanding that apart from this paragraph Transport for London would not have power to do that thing.

Sections 165 and 217.

SCHEDULE 12E+W+S Transport for London transfer schemes

InterpretationE+W+S

1E+W+SIn this Schedule—

  • transfer scheme” means—

    (a)

    a scheme under section 165 of this Act; or

    (b)

    a scheme under section 217 of this Act;

  • transferor” means the person from whom property, rights or liabilities are transferred by a transfer scheme;

  • transferee” means a person to whom any such property, rights or liabilities are so transferred.

Contents of transfer schemesE+W+S

2(1)The property, rights and liabilities which may be transferred by a transfer scheme include—E+W+S

(a)property, rights and liabilities which would not otherwise be capable of being transferred or assigned; and

(b)rights and liabilities under enactments.

(2)No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property shall operate or become exercisable as a result of any transfer of land or other property by virtue of a transfer scheme whether or not any consent required to the transfer has been obtained.

(3)No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a transfer scheme.

(4)For purposes connected with any transfers (including transfers of rights and liabilities under an enactment) made by virtue of a transfer scheme, or by virtue of an instrument or agreement made in connection with a transfer scheme, a body or person to which anything is transferred by any such transfer is to be treated as the same person in law as the body or person from which that thing is transferred, except as otherwise provided in the transfer scheme, instrument or agreement.

(5)Sub-paragraph (4) above is without prejudice to section 415 of this Act or any other provision made by or under this Act which makes transitional provision in relation to a transfer.

(6)Sub-paragraphs (2) to (5) above shall have effect in relation to—

(a)the grant or creation of an estate or interest in, or right over, any land or other property, or

(b)the doing of any other thing in relation to land or other property,

as they have effect in relation to a transfer of land or other property.

(7)In this paragraph, “relevant document” means—

(a)any enactment, other than an enactment contained in this Act;

(b)any subordinate legislation made otherwise than under this Act; or

(c)any deed or other instrument.

Modifications etc. (not altering text)

C8Sch. 12 para. 2(3) excluded (10.7.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 114(4)

Apportionment and divisionE+W+S

3(1)A transfer scheme may make provision for the apportionment or division of any property, rights or liabilities.E+W+S

(2)Where a transfer scheme makes provision for the apportionment or division between two or more persons of any rights or liabilities under a contract, the contract shall have effect, as from the coming into force of the provision, as if it constituted two or more separate contracts separately enforceable by and against each of those persons respectively as respects the part of the rights or liabilities which falls to him as a result of the apportionment or division.

Definition of the property, rights and liabilities transferredE+W+S

4E+W+SA transfer scheme may define the property, rights and liabilities to be transferred—

(a)by specifying or describing them;

(b)by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor; or

(c)partly in the one way and partly in the other.

Other provision that may be made by a transfer schemeE+W+S

5(1)The provision that may be made by a transfer scheme includes provision—E+W+S

(a)for the creation, in relation to any land or other property which the scheme transfers, of an estate or interest in or right over the property in favour of the transferor;

(b)for the creation, in favour of a transferee, of an estate or interest in or right over any land or other property retained by the transferor or transferred by the scheme to another transferee;

(c)for the creation of rights or liabilities as between two or more transferees or as between one or more transferees and the transferor;

(d)for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more transferees, or by or against one or more transferees and the transferor;

(e)for imposing on the transferor or a transferee an obligation to enter into written agreements with, or execute other instruments in favour of, the transferor, or that or any other transferee, or such other person as may be specified in the scheme.

(2)The provision that may be made by a transfer scheme includes provision for transfers to take effect at such time of day as may be specified in the order.

Power to make supplementary etc provisionE+W+S

6E+W+SA transfer scheme may make such supplementary, incidental, consequential or transitional provision, or savings, as Transport for London considers appropriate.

Functions under local Acts or Transport and Works Act ordersE+W+S

7(1)A transfer scheme may provide that any functions of the transferor under a relevant statutory provision—E+W+S

(a)shall be transferred to the transferee;

(b)shall be concurrently exercisable by two or more transferees; or

(c)shall be concurrently exercisable by the transferor and one or more transferees.

(2)Sub-paragraph (1) above applies in relation to any function under a relevant statutory provision if and to the extent that the relevant statutory provision—

(a)relates to any property which is to be transferred by the scheme; or

(b)authorises the carrying out of works designed to be used in connection with any such property or the acquisition of land for the purpose of carrying out any such works.

(3)A transfer scheme which makes provision by virtue of this paragraph shall not have effect unless and until it is confirmed by an order made by the Secretary of State.

(4)In this paragraph “relevant statutory provision” means any provision, whether of a general or of a special nature, contained in, or in any document made or issued under—

(a)any local Act; or

(b)any order under the M31Transport and Works Act 1992.

Commencement Information

I3Sch. 12 para. 7 wholly in force at 3.7.2000: Sch. 12 para. 7 in force at Royal Assent for certain purposes see s. 425(2); Sch. 12 para. 7 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(C), Sch. Pt. 3

Marginal Citations

Effect of transfer schemeE+W+S

8E+W+SOn the date appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.

ContinuityE+W+S

9(1)Nothing in this Act affects the validity of anything done by or in relation to the transferor in connection with anything transferred by a transfer scheme.E+W+S

(2)There may be continued by or in relation to the transferee anything (including legal proceedings) which—

(a)relates to anything transferred by a transfer scheme, and

(b)is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.

(3)Anything which—

(a)was done by the transferor for the purposes of or otherwise in connection with anything transferred by a transfer scheme, and

(b)is in effect immediately before the transfer takes effect,

shall have effect as if done by the transferee.

(4)The transferee shall be substituted for the transferor in any instruments, contracts or legal proceedings which—

(a)relate to anything transferred by a transfer scheme, and

(b)are made or commenced before the transfer takes effect.

(5)Any reference in this paragraph to anything done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to the transferor.

Transfer of employeesE+W+S

10(1)This paragraph applies where a person employed by the transferor becomes an employee of the transferee by virtue of a transfer scheme.E+W+S

(2)Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.

(3)For the purposes of Part XI of the M32Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.

(4)For the purposes of that Act—

(a)the employee’s period of employment with the transferor shall count as a period of employment with the transferee; and

(b)the change of employment shall not break the continuity of the period of employment.

Marginal Citations

Provision of information to Transport for LondonE+W+S

11(1)Where Transport for London proposes to make a transfer scheme under section 217 of this Act, it may direct any person to whom, or from whom, property is to be transferred under the scheme—E+W+S

(a)to provide Transport for London with such information as Transport for London considers necessary to enable it to make the scheme; and

(b)to do so within such time (being not less than 28 days from the giving of the direction) as may be specified in the direction.

(2)If a person fails to comply with a direction under sub-paragraph (1) above, Transport for London may serve a notice on him requiring him—

(a)to produce to Transport for London, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or

(b)to provide to Transport for London, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.

(3)No person shall be required under this paragraph—

(a)to produce any documents which he could not be compelled to produce in civil proceedings in the court; or

(b)in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings.

(4)A person who without reasonable excuse fails to do anything required of him by a notice under sub-paragraph (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5)A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under sub-paragraph (2) above is guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine.

(6)If a person makes default in complying with a notice under sub-paragraph (2) above, the court may, on the application of Transport for London, make such order as the court thinks fit for requiring the default to be made good.

(7)Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.

(8)In this paragraph—

(a)any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and

(b)the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(9)In this paragraph “the court” means the High Court.

Modification of transfer schemeE+W+S

12(1)If at any time after a transfer scheme has come into force—E+W+S

(a)the transferor,

(b)any transferee affected, and

(c)Transport for London, if not falling within paragraph (a) or (b) above,

so agree in writing, the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the agreement.

(2)Sub-paragraph (1) above does not apply in relation to modifications relating to the transfer of rights and liabilities under a contract of employment, unless the employee concerned is a party to the agreement.

(3)An agreement under sub-paragraph (1) above—

(a)may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme; and

(b)in connection with giving effect to that provision from that time, may contain incidental, supplemental, consequential or transitional provision.

(4)Transport for London may only enter into an agreement under sub-paragraph (1) above with the consent of the Mayor.

(5)The Mayor, in giving his consent under sub-paragraph (4) above to an agreement in respect of a scheme under section 165 of this Act, may make it a condition of the consent that such further modifications to the scheme as he may specify in giving the consent are to be included in the agreement.

(6)No modification may be specified by the Mayor under sub-paragraph (5) above which could not have been included in the agreement apart from that sub-paragraph.

Section 167.

SCHEDULE 13E+W+S Promotion of Bills in Parliament by Transport for London

Preliminary requirementsE+W+S

1E+W+SNo Bill may be deposited in Parliament by virtue of section 167(1)(a) of this Act until the requirements of paragraph 2 below have been complied with.

Consultation on draft BillE+W+S

2(1)Transport for London shall—E+W+S

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

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

(c)consult those bodies and persons about the draft Bill.

(2)Those bodies and persons are—

(a)the Mayor;

(b)the Assembly;

(c)every London borough council; and

(d)the Common Council.

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

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

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

(2)A copy of the draft Bill shall be kept available by Transport for London for inspection by any person on request free of charge—

(a)at the principal offices of Transport for London, and

(b)at such other places as Transport for London considers appropriate,

at reasonable hours throughout the consultation period.

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

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

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

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

Deposition of the Bill in ParliamentE+W+S

4(1)If, after the requirements of paragraph 2 above have been complied with, a Bill is deposited in Parliament by virtue of section 167(1)(a) of this Act, that Bill must be in the form of the draft Bill, either as originally prepared or as modified to take account of—E+W+S

(a)representations made pursuant to paragraph 2 above;

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

(c)other material considerations.

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

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

5(1)If a Bill proposed to be deposited in Parliament by virtue of section 167(1)(a) of this Act contains provisions affecting the exercise of statutory functions by a London local authority, the Bill shall not be deposited in Parliament unless—E+W+S

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

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

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

(a)a London borough council; or

(b)the Common Council.

Publicity for the deposited BillE+W+S

6(1)This paragraph applies where a Bill (“the deposited Bill”) is deposited in Parliament by virtue of section 167(1)(a) of this Act.E+W+S

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

(3)A copy of the deposited Bill shall be kept available by Transport for London for inspection by any person on request free of charge—

(a)at the principal offices of Transport for London, and

(b)at such other places as Transport for London considers appropriate,

at reasonable hours throughout the period while the Bill is in Parliament.

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

Section 220.

SCHEDULE 14U.K. PPP administration orders

Modifications etc. (not altering text)

Part IU.K. Modifications of the 1986 Act

General application of provisions of 1986 ActE+W+S

1E+W+SWhere a PPP administration order has been made, sections 11 to 23 and 27 of the 1986 Act (which relate to administration orders under Part II of that Act) shall apply, with the modifications specified in the following provisions of this Part of this Schedule—

(a)as if references in those sections to an administration order were references to a PPP administration order and references to an administrator were references to a special PPP administrator; and

(b)where the company in relation to which the order has been made is a PPP company which [F105is not a company registered under the Companies Act 2006 in England and Wales or Scotland], as if references in those sections to a company included references to such a company.

Textual Amendments

Commencement Information

I4Sch. 14 para. 1 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Effect of orderE+W+S

2E+W+SIn section 11 of the 1986 Act (effect of order), as applied by this Part of this Schedule, the requirement in subsection (1)(a) that any petition for the winding up of the company shall be dismissed shall be without prejudice to the PPP administration order in a case where the order is made by virtue of section 222 of this Act.

Commencement Information

I5Sch. 14 para. 2 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Appointment of special PPP administratorU.K.

3U.K.In section 13 of the 1986 Act (appointment of administrator), as applied by this Part of this Schedule, for subsection (3) there shall be substituted the following subsection—

(3)An application for an order under subsection (2) may be made—

(a)by the Mayor of London;

(b)by any continuing special PPP administrator of the company or, where there is no such special PPP administrator, by the company, the directors or any creditor or creditors of the company.

Commencement Information

I6Sch. 14 para. 3 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

General powers of special PPP administratorE+W+S

4E+W+SIn section 14 of the 1986 Act (general powers of administrator), as applied by this Part of this Schedule,—

(a)in subsection (1)(b), the reference to the powers specified in Schedule 1 to that Act shall be taken to include a reference to a power to act on behalf of the company for the purposes of Chapter VII of Part IV of this Act or any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and

(b)in subsection (4), the reference to a power conferred by the company’s [F106articles of association]

(i)shall be taken to include a reference to any power conferred by any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and

(ii)in the case of a company which is an unregistered company, shall be taken also to include a reference to any power conferred by the company’s constitution.

Textual Amendments

Commencement Information

I7Sch. 14 para. 4 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Power to deal with charged propertyU.K.

5(1)Section 15 of the 1986 Act (power to deal with charged property), as applied by this Part of this Schedule, shall have effect as follows.U.K.

(2)In subsection (5)(b) (amount to be paid to chargeholder not to be less than open market value), for the words “in the open market by a willing vendor” there shall be substituted the words “ for the best price which is reasonably available on a sale which is consistent with the purposes of the PPP administration order ”.

Commencement Information

I8Sch. 14 para. 5 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Duties of special PPP administratorU.K.

6(1)Section 17 of the 1986 Act (duties of administrator), as applied by this Part of this Schedule, shall have effect in accordance with the following provisions of this paragraph.U.K.

(2)For subsection (2) there shall be substituted the following subsection—

(2)Subject to any directions of the court, it shall be the duty of the special PPP administrator to manage the affairs, business and property of the company in accordance with proposals, as for the time being revised under section 23, which have been prepared for the purposes of that section by him or any predecessor of his.

(3)In subsection (3), paragraph (a) (right of creditors to require the holding of a creditors’ meeting) shall be omitted.

Commencement Information

I9Sch. 14 para. 6 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Discharge of orderU.K.

7(1)Section 18 of the 1986 Act (discharge and variation of administration order), as applied by this Part of this Schedule, shall have effect as follows.U.K.

(2)For subsections (1) and (2) there shall be substituted the following subsection—

(1)An application for a PPP administration order to be discharged may be made—

(a)by the special PPP administrator, on the ground that the purposes of the order have been achieved; or

(b)by the Mayor of London, on the ground that it is no longer necessary that the purposes of the order are achieved.

(3)In subsection (3), the words “or vary” shall be omitted.

(4)In subsection (4), the words “or varied” and “or variation” shall be omitted and for the words “to the registrar of companies” there shall be substituted—

[F107(a)where the company—

(i)is registered under the Companies Act 2006, or

(ii)is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the words “to the Mayor of London and the registrar of companies”; and

(b)where paragraph (a) above does not apply, the words “to the Mayor of London”.]

Textual Amendments

Commencement Information

I10Sch. 14 para. 7 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Notice of making of orderU.K.

8U.K.In section 21(2) of the 1986 Act (notice of order to be given by administrator), as applied by this Part of this Schedule, for the words “to the registrar of companies” there shall be substituted—

[F108(a)where the company—

(i)is registered under the Companies Act 2006, or

(ii)is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the words “to the Mayor of London and the registrar of companies”; and

(b)where paragraph (a) above does not apply, the words “to the Mayor of London”.]

Textual Amendments

Commencement Information

I11Sch. 14 para. 8 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Statement of proposalsU.K.

9U.K.In section 23 of the 1986 Act (statement of proposals), as applied by this Part of this Schedule, for subsections (1) and (2) there shall be substituted the following subsections—

(1)Where a PPP administration order has been made, the special PPP administrator shall, within 3 months (or such longer period as the court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order—

(a)to the Mayor of London;

(b)so far as he is aware of their addresses, to all creditors of the company; and

(c)except where the company is an unregistered company which is not subject to a requirement imposed under or by virtue of section 691(1) or 718 of the M33Companies Act 1985 to deliver any documents to the registrar of companies, to the registrar of companies;

and may from time to time revise those proposals.

(2)If at any time—

(a)the special PPP administrator proposes to make revisions of the proposals for achieving the purposes of the PPP administration order, and

(b)those revisions appear to him to be substantial,

the special PPP administrator shall, before making those revisions, send a statement of the proposed revisions to the persons specified in subsection (2A).

(2A)The persons mentioned in subsection (2) are—

(a)the Mayor of London;

(b)all creditors of the company, so far as the special PPP administrator is aware of their addresses; and

[F109(c) where the company—

(i)is registered under the Companies Act 2006, or

(ii)is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the registrar of companies.]

(2B)Where the special PPP administrator is required by subsection (1) or (2) to send any person a statement before the end of any period or before making any revision of any proposals, he shall also, before the end of that period or, as the case may be, before making those revisions either—

(a)send a copy of the statement (so far as he is aware of their addresses) to all members of the company; or

(b)publish in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge.

Textual Amendments

Commencement Information

I12Sch. 14 para. 9 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

Applications to courtU.K.

10(1)Section 27 of the 1986 Act (protection of interests of creditors and members), as applied by this Part of this Schedule, shall have effect as follows.U.K.

(2)After subsection (1) there shall be inserted the following subsections—

(1A)At any time when a PPP administration order is in force the Mayor of London may apply to the High Court by petition for an order under this section on the ground specified in subsection (1B).

(1B)The ground mentioned in subsection (1A) is that the special PPP administrator has exercised or is exercising, or proposing to exercise, his powers in relation to the company in a manner which will not best ensure the achievement of the purposes of the order.

(1C)Where an application is made under subsection (1) in respect of a company in relation to which a PPP administration order is in force—

(a)notice of the application shall be given to the Mayor of London; and

(b)he shall be entitled to be heard by the court in connection with that application.

(3)Subsection (3) (order not to prejudice or prevent voluntary arrangements or administrator’s proposals) shall be omitted.

(4)In subsection (4) (provision that may be made in an order), the words “Subject as above” shall be omitted and for paragraph (d) there shall be substituted—

(d)without prejudice to the powers exercisable by the court in making a PPP administration order—

(i)provide that the PPP administration order is to be discharged as from such date as may be specified in the order unless, before that date, such measures are taken as the court thinks fit for the purpose of protecting the interests of creditors; and

(ii)make such consequential provision as the court thinks fit.

(5)For subsection (6) there shall be substituted—

(6)Where a PPP administration order is discharged in consequence of such provision in an order under this section as is mentioned in subsection (4)(d)(i), the special PPP administrator shall, within 14 days after the date on which the discharge takes effect, send [F110a copy] of the order under this section—

(a)to the Mayor of London; and

[F111(b)where the company—

(i)is registered under the Companies Act 2006, or

(ii)is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

to the registrar of companies.]

and if, without reasonable excuse, the special PPP administrator fails to comply with this subsection, he is liable to a fine and, for continued contravention, to a daily default fine.

Particular powers of special PPP administratorE+W+S

11E+W+SIn the application of Schedule 1 to the 1986 Act (which sets out certain powers of the administrator) by virtue of section 14 of that Act, as applied by this Part of this Schedule in relation to a company which is an unregistered company, paragraph 22 shall be omitted.

Commencement Information

I14Sch. 14 para. 11 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Part IIU.K. Further modifications of the 1986 Act: application in relation to foreign companies

IntroductoryE+W+S

12(1)Where a PPP administration order has been made in relation to a company which is a foreign company, sections 11 to 23 and 27 of the 1986 Act (as applied by Part I of this Schedule) shall apply in relation to that foreign company with the further modifications set out in the following provisions of this Part of this Schedule.E+W+S

(2)In this Part of this Schedule, “foreign company” means a company incorporated outside Great Britain.

Commencement Information

I15Sch. 14 para. 12 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Effect of orderU.K.

13(1)Section 11 of the 1986 Act (effect of administration order), as applied by this Part of this Schedule in relation to a foreign company, shall have effect as follows.U.K.

(2)In subsection (1), paragraph (b) shall be omitted.

(3)Subsection (2) shall be omitted.

(4)In subsection (3)—

(a)paragraphs (a) and (b) shall be omitted; and

(b)in paragraph (d)—

(i)the reference to the commencement or continuation of proceedings shall be taken as a reference to the commencement or continuation of proceedings in Great Britain; and

(ii)the reference to the levying of distress against the company shall be taken as a reference to the levying of distress against the foreign company to the extent of its property in England and Wales;

and any reference to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain.

(5)Subsections (4) and (5) shall be omitted.

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

(6)Where a PPP administration order is in force in relation to a company which is a foreign company within the meaning of section 224 of the Greater London Authority Act 1999—

(a)any person appointed to perform functions equivalent to those of an administrative receiver, and

(b)if the special PPP administrator so requires, any person appointed to perform functions equivalent to those of a receiver,

shall refrain from performing those functions in Great Britain in relation to the foreign company and any of the company’s property for the time being situated in Great Britain, during the period for which that order is in force or, in the case of such a person as is mentioned in paragraph (b) above, during so much of that period as falls after the date on which he is required to do so.

Commencement Information

I16Sch. 14 para. 13 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Notification of orderE+W+S

14E+W+SIn section 12 of the 1986 Act (notification of order), as applied by this Part of this Schedule in relation to a foreign company, the reference to a statement that the affairs, business and property of the company are being managed by the administrator shall be taken as a reference to a statement that—

(a)the affairs and business of the foreign company so far as carried on in Great Britain, and

(b)the property of the foreign company so far as that property is for the time being situated within Great Britain,

are being managed by the special PPP administrator.

Commencement Information

I17Sch. 14 para. 14 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

General powers of special PPP administratorE+W+S

15(1)Section 14 of the 1986 Act (general powers of administrator), as applied by this Part of this Schedule in relation to a foreign company, shall have effect as follows.E+W+S

(2)In subsection (1)(a), the reference to the affairs, business and property of the company shall be taken as a reference to—

(a)the affairs and business of the foreign company so far as carried on in Great Britain, and

(b)the property of that company so far as that property is for the time being situated within Great Britain.

(3)Subsection (2)(a) shall be omitted.

(4)In subsection (4)—

(a)the reference to any power conferred on the company or its officers shall be taken to include any power conferred on the foreign company or its officers under the law under which the foreign company is incorporated; and

(b)any reference (however expressed) to the exercise of any power conferred on the company or its officers shall be taken as a reference to the exercise of that power so far as it relates to—

(i)the affairs and business of the foreign company so far as carried on in Great Britain, or

(ii)the property of that company so far as that property is for the time being situated within Great Britain.

Commencement Information

I18Sch. 14 para. 15 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Power to deal with charged propertyE+W+S

16E+W+SIn section 15 of the 1986 Act (power of administrator to deal with charged property etc), as applied by this Part of this Schedule in relation to a foreign company, any reference to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain.

Commencement Information

I19Sch. 14 para. 16 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Duties of special PPP administratorU.K.

17U.K.In section 17 of the 1986 Act (general duties of administrator), as applied by this Part of this Schedule in relation to a foreign company,—

(a)in subsection (1), the reference to property shall be taken as a reference to property for the time being situated within Great Britain; and

(b)in subsection (2), the reference to the affairs, business and property of the company shall be taken as a reference to—

(i)the affairs and business of the foreign company so far as carried on in Great Britain, and

(ii)the property of that company so far as that property is for the time being situated within Great Britain.

Commencement Information

I20Sch. 14 para. 17 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Statement as to company’s affairsU.K.

18U.K.In section 22(1) of the 1986 Act (power of administrator to require certain persons to provide him with a statement as to company’s affairs), as applied by this Part of this Schedule in relation to a foreign company, the reference to the affairs of the company shall be taken as a reference to the affairs of the foreign company so far as they are carried on in Great Britain, or relate to property of that company for the time being situated within Great Britain.

Commencement Information

I21Sch. 14 para. 18 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Particular powers of special PPP administratorU.K.

19(1)The powers conferred on a special PPP administrator by virtue of Schedule 1 to the 1986 Act (which sets out certain powers of an administrator), as that Schedule applies by virtue of section 14 of that Act, as applied by this Part of this Schedule in relation to a foreign company, shall be exercisable only in relation to—U.K.

(a)the affairs and business of that company, so far as carried on in Great Britain; and

(b)the property of that company, so far as that property is for the time being situated within Great Britain.

(2)In that Schedule, as it so applies,—

(a)without prejudice to sub-paragraph (1) above, references to the property of that company shall be taken as references to that property, so far as that property is for the time being situated within Great Britain; and

(b)paragraph 19 shall be omitted.

Commencement Information

I22Sch. 14 para. 19 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Part IIIU.K. Supplemental

General adaptations and savingU.K.

20(1)Subject to the preceding provisions of this Schedule, references in the 1986 Act (except in sections 8 to 10 and 24 to 26), or in any other enactment passed before this Act, to an administration order under Part II of that Act, to an application for such an order and to an administrator shall include references, respectively, to a PPP administration order, to an application for a PPP administration order and to a special PPP administrator.U.K.

(2)Subject as aforesaid and to sub-paragraph (3) below, references in the 1986 Act, or in any other enactment passed before this Act, to an enactment contained in Part II of that Act shall include references to that enactment as applied by section 221, 222, 223 or 224 of this Act or Part I or II of this Schedule.

(3)Sub-paragraphs (1) and (2) above shall apply in relation to a reference in an enactment contained in Part II of the 1986 Act only so far as necessary for the purposes of the operation of the provisions of that Part as so applied.

(4)The provisions of this Schedule shall be without prejudice to the power conferred by section 411 of the 1986 Act (company insolvency rules), as modified by sub-paragraphs (1) and (2) above.

Commencement Information

I23Sch. 14 para. 20 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

InterpretationU.K.

21(1)In this Schedule “the 1986 Act” means the M34Insolvency Act 1986.U.K.

(2)In this Schedule, and in any modification of the 1986 Act made by this Schedule, “special PPP administrator”, in relation to a PPP administration order, means any person appointed in relation to that order for the purposes of section 220(1) of this Act; and in any such modification “PPP administration order” has the same meaning as in Chapter VII of Part IV of this Act.

Commencement Information

I24Sch. 14 para. 21 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

Section 220.

SCHEDULE 15E+W+S Transfer of relevant activities in connection with PPP administration orders

Modifications etc. (not altering text)

Application of ScheduleE+W+S

1(1)This Schedule shall apply in any case where—E+W+S

(a)the court has made a PPP administration order in relation to a PPP company (“the existing appointee”); and

(b)it is proposed that, on and after a date appointed by the court, another company (“the new appointee”) should carry on the relevant activities of the existing appointee, in place of the existing appointee.

(2)In this Schedule—

  • the court”, in the case of any PPP company, means the court having jurisdiction to wind up the company;

  • other appointee” means any company, other than the existing appointee or the new appointee, which may be affected by the proposal mentioned in sub-paragraph (1)(b) above;

  • the relevant date” means such day, being a day before the discharge of the PPP administration order takes effect, as the court may appoint for the purposes of this Schedule; and

  • special PPP administrator”, in relation to a company in relation to which a PPP administration order has been made, means the person for the time being holding office for the purposes of section 220(1) of this Act.

Commencement Information

I25Sch. 15 para. 1 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Making and modification of transfer schemesE+W+S

2(1)The existing appointee, acting with the consent of the new appointee and, in relation to the matters affecting them, of any other appointees, may make a scheme under this Schedule for the transfer of property, rights and liabilities from the existing appointee to the new appointee.E+W+S

(2)A scheme under this Schedule shall not take effect unless it is approved by the Mayor.

(3)Where a scheme under this Schedule is submitted to the Mayor for his approval, he may, with the consent of the new appointee, of the existing appointee and, in relation to the matters affecting them, of any other appointees, modify the scheme before approving it.

(4)If at any time after a scheme under this Schedule has come into force in relation to the property, rights and liabilities of any company the Mayor considers it appropriate to do so and the existing appointee, the new appointee and, in relation to the provisions of the order which affect them, any other appointees consent to the making of the order, the Mayor may by order provide that that scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.

(5)An order under sub-paragraph (4) above may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme and, in connection with giving effect to that provision from that time, may contain such supplemental, consequential and transitional provision as the Mayor considers appropriate.

(6)In determining, in accordance with the duties imposed upon him by or under this Act or any other enactment (whenever passed or made), whether and in what manner to exercise any power conferred on him by this paragraph, the Mayor shall have regard to the need to ensure that any provision for the transfer of property, rights and liabilities in accordance with a scheme under this Schedule allocates property, rights and liabilities to the different companies affected by the scheme in such proportions as appear to him to be appropriate i the context of the different relevant activities of the existing appointee which will, by virtue of this Act, be carried out at different times on and after the relevant date by the new appointee, by the existing appointee and by any other appointees.

(7)It shall be the duty of the new appointee, of the existing appointee and of any other appointees to provide the Mayor with all such information and other assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any power conferred on him by this paragraph.

(8)Without prejudice to the other provisions of this Act relating to the special PPP administrator of a company, anything which is required by this paragraph to be done by a company shall, where that company is a company in relation to which a PPP administration order is in force, be effective only if it is done on the company’s behalf by its special PPP administrator.

Commencement Information

I26Sch. 15 para. 2 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Transfers by schemeE+W+S

3(1)A scheme under this Schedule for the transfer of the existing appointee’s property, rights and liabilities shall come into force on the relevant date and, on coming into force, shall have effect, in accordance with its provisions and without further assurance, so as to transfer the property, rights and liabilities to which the scheme relates to the new appointee.E+W+S

(2)For the purpose of making any division of property, rights or liabilities which it is considered appropriate to make in connection with the transfer of property, rights and liabilities in accordance with a scheme under this Schedule, the provisions of that scheme may—

(a)create for the existing appointee, the new appointee or any other appointees an interest in or right over any property to which the scheme relates;

(b)create new rights and liabilities as between any two or more of those companies; and

(c)in connection with any provision made by virtue of paragraph (a) or (b) above, make incidental provision as to the interests, rights and liabilities of other persons with respect to the subject-matter of the scheme.

(3)The property, rights and liabilities of the existing appointee that shall be capable of being transferred in accordance with a scheme under this Schedule shall include—

(a)property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the existing appointee;

(b)such property, rights and liabilities to which the existing appointee may become entitled or subject after the making of the scheme and before the relevant date as may be described in the scheme;

(c)property situated anywhere in the United Kingdom or elsewhere;

(d)rights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

(4)The provision that may be made by virtue of sub-paragraph (2)(b) above includes—

(a)provision for treating any person who is entitled by virtue of a scheme under this Schedule to possession of a document as having given another person an acknowledgement in writing of the right of that other person to the production of the document and to delivery of copies thereof; and

(b)provision applying section 64 of the M35Law of Property Act 1925 (production and safe custody of documents) in relation to any case in relation to which provision falling within paragraph (a) above has effect.

(5)For the avoidance of doubt, it is hereby declared that the transfers authorised by paragraph (a) of sub-paragraph (3) above include transfers which, by virtue of that paragraph, are to take effect as if there were no such contravention, liability or interference with any interest or right as there would be, in the case of a transfer or assignment otherwise than in accordance with a scheme under this Schedule, by reason of any provision having effect (whether under any enactment or agreement or otherwise) i relation to the terms on which the existing appointee is entitled or subject to the property, right or liability in question.

Commencement Information

I27Sch. 15 para. 3 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

Transfer of licencesE+W+S

4(1)A scheme under this Schedule may provide for a licence held by the existing appointee to have effect as if it had been granted to the new appointee.E+W+S

(2)Different schemes under this Schedule may provide for a licence held by the same existing appointee to have effect as if it had been granted as a separate licence to each of the new appointees under those schemes.

(3)In this paragraph “licence” means a licence under section 8 of the M36Railways Act 1993.

Commencement Information

I28Sch. 15 para. 4 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Marginal Citations

Supplemental provisions of schemesE+W+S

5(1)A scheme under this Schedule may contain supplemental, consequential and transitional provision for the purposes of, or in connection with, the provision for the transfers or any other provision made by the scheme.E+W+S

(2)Without prejudice to the generality of sub-paragraph (1) above, a scheme under this Schedule may provide—

(a)that for purposes connected with any transfers made in accordance with the scheme (including the transfer of rights and liabilities under an enactment) the new appointee is to be treated as the same person in law as the existing appointee;

(b)that, so far as may be necessary for the purposes of or in connection with any such transfers, agreements made, transactions effected and other things done by or in relation to the existing appointee are to be treated as made, effected or done by or in relation to the new appointee;

(c)that, so far as may be necessary for the purposes of or in connection with any such transfers, references in any agreement (whether or not in writing) or in any deed, bond, instrument or other document to, or to any officer of, the existing appointee are to have effect with such modifications as are specified in the scheme;

(d)that proceedings commenced by or against the existing appointee are to be continued by or against the new appointee;

(e)that the effect of any transfer under the scheme in relation to contracts of employment with the existing appointee is not to be to terminate any of those contracts but is to be that periods of employment with the existing appointee are to count for all purposes as periods of employment with the new appointee;

(f)that disputes as to the effect of the scheme between the existing appointee and the new appointee, between either of them and any other appointee or between different companies which are other appointees are to be referred to such arbitration as may be specified in or determined under the scheme;

(g)that determinations on such arbitrations and certificates given jointly by two or more such appointees as are mentioned in paragraph (f) above as to the effect of the scheme as between the companies giving the certificates are to be conclusive for all purposes.

Commencement Information

I29Sch. 15 para. 5 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Duties of existing appointee after the scheme comes into forceE+W+S

6(1)A scheme under this Schedule may provide for the imposition of duties on the existing appointee and on the new appointee to take all such steps as may be requisite to secure that the vesting in the new appointee, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law.E+W+S

(2)The provisions of a scheme under this Schedule may require the existing appointee to comply with any directions of the new appointee in performing any duty imposed on the existing appointee by virtue of a provision included in the scheme under sub-paragraph (1) above.

(3)A scheme under this Schedule may provide that, until the vesting of any foreign property, right or liability of the existing appointee in the new appointee is effective under the relevant foreign law, it shall be the duty of the existing appointee to hold that property or right for the benefit of, or to discharge that liability on behalf of, the new appointee.

(4)Nothing in any provision included by virtue of this paragraph in a scheme under this Schedule shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting by virtue of the scheme in the new appointee of any foreign property, right or liability.

(5)A scheme under this Schedule may provide that, in specified cases, foreign property, rights or liabilities that are acquired or incurred by an existing appointee after the scheme comes into force are immediately to become property, rights or liabilities of the new appointee; and such a scheme may make the same provision in relation to any such property, rights or liabilities as can be made, by virtue of the preceding provisions of this paragraph, in relation to foreign property, rights and liabilities vested i the existing appointee when the scheme comes into force.

(6)References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(7)Any expenses incurred by an existing appointee in consequence of any provision included by virtue of this paragraph in a scheme under this Schedule shall be met by the new appointee.

(8)Duties imposed on a company by virtue of this paragraph shall be enforceable in the same way as if they were imposed by a contract between the existing appointee and the new appointee.

Commencement Information

I30Sch. 15 para. 6 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Functions exercisable by virtue of PPP agreementsE+W+S

7(1)A scheme under this Schedule may provide that any functions exercisable by the existing appointee by virtue of a PPP agreement shall instead be—E+W+S

(a)exercisable by the new appointee or any of the other appointees;

(b)concurrently exercisable by two or more companies falling within paragraph (a) above; or

(c)concurrently exercisable by the existing appointee and one or more companies falling within paragraph (a) above;

and different schemes under this Schedule may provide for any such functions exercisable by the same existing appointee to have effect as mentioned in paragraphs (a) to (c) above in relation to each of the new appointees under those schemes or of all or any of the other appointees.

(2)Sub-paragraph (1) above applies in relation to any function under a statutory provision if and to the extent that the statutory provision—

(a)relates to any part of the existing appointee’s undertaking, or to any property, which is to be transferred by the scheme; or

(b)authorises the carrying out of works designed to be used in connection with any such part of the existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works.

(3)A scheme under this Schedule may define any functions exercisable by the existing appointee which are instead to be made exercisable or concurrently exercisable by the scheme in accordance with sub-paragraph (1) above—

(a)by specifying the statutory provisions in question;

(b)by referring to all the statutory provisions which—

(i)relate to any part of the existing appointee’s undertaking, or to any property, which is to be transferred by the scheme, or

(ii)authorise the carrying out of works designed to be used in connection with any such part of the existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works; or

(c)by referring to all the statutory provisions within paragraph (b) above, but specifying certain excepted provisions.

(4)In this paragraph “statutory provision” means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act, whether of a general or a special nature.

Commencement Information

I31Sch. 15 para. 7 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)

Section 241.

SCHEDULE 16E+W+S The free travel scheme

[F112Concession required for all eligible England residentsE+W

Textual Amendments

F112Sch. 16 para. A1 and crossheading inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 2; S.I. 2007/2799, arts. 2, 3 (with art. 4)

A1E+WIn any financial year during which the free travel scheme has effect, the concession required by the scheme in the case of all eligible England residents is the waiver, on production of a travel concession permit issued to any such resident under—

(a)paragraph 4(2) below (in the case of an eligible London resident), or

(b)section 145A(4) of the Transport Act 2000 (in the case of any other eligible England resident),

of any fare otherwise payable by the person to whom it was issued for any journey falling within section 242(8) of this Act.]

[F113Additional concession required for blind eligible London residents]E+W+S

Textual Amendments

F113Sch. 16 para. 1 crossheading substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 3(2); S.I. 2007/2799, arts. 2, 3 (with art. 4)

1E+W+SIn any financial year during which the free travel scheme has effect, [F114 the additional concession required ] by the scheme in the case of all eligible London residents in the blind persons’ category is the waiver, on production of a travel concession permit issued to any such resident under paragraph 4(2) below, of any fare otherwise payable by the person to whom it was issued for any journey falling within section 242(2) of this Act [F115 (so far as not falling within section 242(8) of this Act) ] .

Textual Amendments

F114Words in Sch. 16 para. 1 substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 3(1)(a); S.I. 2007/2799, arts. 2, 3 (with art. 4)

F115Words in Sch. 16 para. 1 inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 3(1)(b); S.I. 2007/2799, arts. 2, 3 (with art. 4)

[F116Additional concession required for other eligible London residents]E+W+S

Textual Amendments

F116Sch. 16 para. 2 crossheading substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 4(4); S.I. 2007/2799, arts. 2, 3 (with art. 4)

2(1)In any financial year during which the free travel scheme has effect, [F117 the additional concession required ] by the scheme in the case of all eligible London residents in any other category F118... is the concession described in sub-paragraph (2) below.E+W+S

(2)The concession mentioned in sub-paragraph (1) above is the waiver, on production of a travel concession permit issued to any such resident under paragraph 4(2) below, of any fare otherwise payable by the person to whom it was issued for any journey falling within section 242(2) of this Act [F119 (so far as not falling within section 242(8) of this Act) ] and beginning—

(a)at any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the M37Banking and Financial Dealings Act 1971; or

(b)in an eligible period on any other day.

(3)Subject to sub-paragraph (4) below, for the purposes of paragraph (b) of sub-paragraph (2) above the eligible periods are—

(a)the period from midnight to 4.30 a.m; and

(b)the period from 9 a.m. to midnight.

(4)The periods which are eligible periods for the purposes of sub-paragraph (2)(b) above may be altered from time to time by Transport for London by notice published in such manner as it thinks fit, specifying the new period or periods and the effective date of the alteration.

(5)A notice under sub-paragraph (4) above may not specify an effective date for the alteration of a period to which it applies falling earlier than three months after the date of publication of the notice.

(6)Before publishing a notice under sub-paragraph (4) above Transport for London shall consult each London authority and the London Transport Users’ Committee.

Textual Amendments

F117Words in Sch. 16 para. 2(1) substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 4(2); S.I. 2007/2799, arts. 2, 3 (with art. 4)

F118Words in Sch. 16 para. 2(1) repealed (1.4.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)

F119Words in Sch. 16 para. 2(2) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 4(3); S.I. 2007/2799, arts. 2, 3 (with art. 4)

Modifications etc. (not altering text)

C11Sch. 16 para. 2(6) extended (temp. during the transitional period) (3.7.2000) by S.I. 2000/1504, arts. 2, 8(1)(2)

Marginal Citations

NotificationE+W+S

3E+W+SAs soon as it appears to Transport for London that the free travel scheme will have effect during the next financial year, Transport for London shall notify each London authority that the scheme will have effect during that financial year.

Modifications etc. (not altering text)

C12Sch. 16 para. 3 extended (temp. during the transitional period) (3.7.2000) by S.I. 2000/1504, arts. 2, 8(1)(3)

Issue of permitsE+W+S

4(1)For the purposes of the operation of the free travel scheme in any financial year during which the scheme has effect, Transport for London shall from time to time supply to each London authority such travel concession permits as appear to Transport for London to be required by that council for issue to eligible London residents in accordance with the following provisions of this paragraph.E+W+S

[F120(1A)The Secretary of State may by regulations make provision about the form and period of validity of the travel concession permits.]

(2)Subject to sub-paragraph (3) below, a London authority shall issue a travel concession permit supplied by Transport for London under sub-paragraph (1) above to any eligible London resident who applies for one and [F121 whose sole or principal residence is in ] the area of that authority.

(3)The issue of such a permit by any London authority shall [F122 (subject to any regulations under sub-paragraph (1A) above) ] be subject to such terms, limitations or conditions as the authority may, with the approval of the Mayor, from time to time determine as respects any category of eligible London residents.

[F123(4)But no charge may be made for the issue by any London authority of such a permit.]

Textual Amendments

F120Sch. 16 para. 4(1A) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 5(2); S.I. 2007/2799, arts. 2, 3 (with art. 4)

F121Words in Sch. 16 para. 4(2) substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 5(3); S.I. 2007/2799, arts. 2, 3 (with art. 4)

F122Words in Sch. 16 para. 4(3) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 5(4); S.I. 2007/2799, arts. 2, 3 (with art. 4)

F123Sch. 16 para. 4(4) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 5(5); S.I. 2007/2799, arts. 2, 3 (with art. 4)

Charges made for permitsE+W+S

5(1)Before 1st February in any financial year (referred to in this paragraph as the “current financial year”) immediately preceding a financial year during which the free travel scheme will have effect, Transport for London shall notify each London authority of the charge to be paid by the authority to Transport for London—E+W+S

(a)for each quarter of the financial year during which the free travel scheme will have effect;

(b)in respect of each travel concession permit issued under paragraph 4(2) above and valid on the first day of that quarter.

(2)The charges payable by London authorities under this paragraph—

(a)shall be fixed by Transport for London with a view to securing that the costs of the operation of the free travel scheme are met from the proceeds of those charges (taking one financial year during which the scheme has effect with another, where the scheme has effect during two or more consecutive financial years); and

(b)may differ for different quarters of a financial year.

(3)The reference in sub-paragraph (2)(a) above to the costs of the operation of the free travel scheme is a reference, in relation to any financial year taken into account in fixing any charges under that sub-paragraph, to the aggregate of the amounts specified in sub-paragraph (4) below.

(4)Those amounts are—

(a)the revenue by way of fares which Transport for London estimates that it and any of its subsidiaries have lost or will lose in that year in consequence of the provision of free travel under the scheme; and

(b)any other costs which Transport for London has incurred or estimates that it will incur in that year in connection with providing, or for the purpose of securing the provision of, free travel under the scheme (including any payments Transport for London has made or proposes to make for that purpose to any person with whom they have entered into an agreement by virtue of section 156(2) or (3) of this Act or who has entered into a transport subsidiary’s agreement).

(5)In fixing the charges payable by London authorities under this paragraph Transport for London shall take into account—

(a)the sum applicable by virtue of sub-paragraph (6) below; and

(b)the matters specified in sub-paragraph (7) below.

(6)The sum applicable by virtue of this sub-paragraph is—

(a)where the free travel scheme does not have effect during the current financial year, a sum equivalent to the total of the costs agreed to be reimbursed by local authorities during the current financial year under arrangements made by virtue of section 240(1) of this Act; or

(b)where the free travel scheme has effect during the current financial year, a sum equivalent to the charges payable by London authorities under this paragraph in respect of the current financial year.

(7)The matters specified in this sub-paragraph are—

(a)the coming into operation of a service falling within section 242(3) of this Act [F124 or a service outside Greater London which, but for section 179(2), would be part of the London bus network], or the variation or discontinuance of such a service,

(b)changes in the fares payable in respect of any such service, and

(c)changes in the methods or information available to Transport for London for calculating the amounts specified in sub-paragraph (4) above,

since costs were last agreed to be reimbursed by local authorities under arrangements made by virtue of section 240(1) of this Act or, if more recent, since charges payable under this paragraph were last fixed.

Textual Amendments

F124Words in Sch. 16 para. 5(7)(a) inserted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 1 para. 6; S.I. 2007/2799, arts. 2, 3 (with art. 4)

Modifications etc. (not altering text)

C13Sch. 16 para. 5(4)(b) extended (temp. during the transitional period) (3.7.2000) by S.I. 2000/1504, arts. 2, 8(1)(4)

Payments by London authoritiesE+W+S

6(1)Before the end of the first month of each quarter of each financial year during which the free travel scheme has effect, each London authority shall—E+W+S

(a)pay to Transport for London, in respect of each travel concession permit issued by that authority and valid on the first day of that quarter, the charge fixed by Transport for London under paragraph 5 above which is applicable to that permit for that quarter;

(b)provide Transport for London with a written statement giving the particulars required by sub-paragraph (2) below with respect to the travel concession permits supplied to the authority by Transport for London under paragraph 4(1) above; and

(c)if required to do so by Transport for London, return to Transport for London all such permits which have not been issued by the authority before the beginning of that quarter.

(2)The particulars required by this sub-paragraph in any statement under sub-paragraph (1)(b) above with respect to any quarter of the financial year in question are—

(a)the number of travel concession permits supplied to the authority by Transport for London under paragraph 4(1) above and issued to eligible London residents of each category which are valid on the first day of that quarter;

(b)the number of such permits so issued (if any) which expired or were surrendered to the authority during the last preceding quarter; and

(c)the number of such permits supplied for issue to eligible London residents of each category which have not been issued by the authority before the beginning of the quarter for which the statement is required.

Local authority’s opinion of disability or injuryE+W+S

F1257E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F125Sch. 16 para. 7 repealed (1.4.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2000/3229, art. 2, Sch. Pt. III (with transitional savings in arts. 3, 4)

Annual report of Transport for LondonE+W+S

8E+W+SWith respect to each financial year during which the free travel scheme has effect, the annual report of Transport for London under section 161 of this Act shall contain a statement of—

(a)the manner in which the charges fixed under paragraph 5 above in respect of each quarter of that year were calculated; and

(b)the aggregate of the amounts paid to Transport for London during that year by London authorities under paragraph 6(1)(a) above.

Section 245.

SCHEDULE 17U.K. Penalty fares

Modifications etc. (not altering text)

C14Sch. 17 applied (with modifications) (15.7.2003) by The Croydon Tramlink (Penalty Fares) Order 2003 (S.I. 2003/1614), arts. 1, 2, Sch. 1

IntroductoryE+W+S

1(1)In this Schedule unless the context otherwise requires—E+W+S

  • authorised person” means, in relation to any purpose, a person authorised for that purpose by Transport for London or by the person providing the service;

  • compulsory ticket area” means that part of a station which, under the byelaws of the person providing a train service to which this Schedule applies, passengers are not permitted to enter without a fare ticket, general travel authority or platform ticket;

  • fare ticket” means a ticket (including one issued by a third person) showing payment of a fare and authorising the person in respect of whom it is issued to make a single journey covered by that fare on a local service or train service to which this Schedule applies, or to make that journey and a return journey (whether or not it also authorises him to make a journey on a service provided by a third person);

  • general travel authority” means any permit (including one issued by a third person), other than a fare ticket, authorising the person in respect of whom it is issued to travel on a local service or train service to which this Schedule applies (whether or not it also authorises him to travel on a service provided by a third person);

  • penalty fare” means a penalty fare payable pursuant to paragraph 3 or 4 below;

  • the penalty fare provisions” means paragraphs 3 to 8 below;

  • person providing the service” means the operator of the service, except that, in the case of a service provided in pursuance of an agreement entered into by Transport for London under section 156(2) or (3)(a) of this Act or in pursuance of a transport subsidiary’s agreement, means Transport for London;

  • platform ticket” means a ticket authorising a person to enter a compulsory ticket area but not to make a journey;

  • station” means a station serving a train service to which this Schedule applies;

  • third person” means a person other than one referred to in paragraph 2(1)(a) or (b) below; and

  • train service” means a service for the carriage of passengers by rail.

(2)Subject to sub-paragraph (3) below, a person is travelling on a train service to which this Schedule applies at any time when he is on a train forming part of that service or is in a compulsory ticket area.

(3)A person at a station is not to be taken as travelling by reason only of being in a compulsory ticket area or boarding a train at that station if he has entered that area or boards that train otherwise than for the purpose of making a journey and produces, if required to do so by an authorised person, a valid platform ticket.

(4)Any reference in this Schedule to a person producing a fare ticket or general travel authority on being required to do so by an authorised person is a reference to producing, when so required, a fare ticket or general travel authority which, either by itself or together with any other fare ticket or general travel authority produced by that person at the same time, is valid for the journey he has made.

(5)For the purposes of sub-paragraph (4) above—

(a)a person who has entered a compulsory ticket area otherwise than by transferring from a train service provided by a third person but has not boarded a train shall be taken to have made a journey for which the minimum fare is payable; and

(b)a person who is on a train shall be taken to have made a journey ending at the next station at which the train is scheduled to stop.

(6)In sub-paragraph (5) above “minimum fare” means the minimum fare for which a journey from the station in question could validly be made by the person in question.

(7)For the purposes of this Schedule a person is to be taken as transferring from a service provided by a third person to a service to which this Schedule applies if, but only if, having travelled on a train forming part of the former service, he—

(a)goes from that train into a compulsory ticket area and finishes his journey at the station of which that area forms part; or

(b)goes from that train into a compulsory ticket area and from that area boards a train forming part of a service to which this Schedule applies.

(8)For the purposes of sub-paragraph (7)(b) above, in a case where the transfer takes place at a station controlled by a third person, “compulsory ticket area” means such area at that station as corresponds with a compulsory ticket area within the meaning of this Schedule.

Operation of this ScheduleE+W+S