PART 8London
CHAPTER 2Mayoral development corporations
Establishment and areas
197Designation of Mayoral development areas
(1)
The Mayor may designate F1an area of land in Greater London as a Mayoral development area.
(2)
Separate parcels of land may be designated as one Mayoral development area.
F2(2A)
An area of land designated under subsection (1)—
(a)
may include any area (the “overlap area”) that is, or forms part of, an area of land that has already been designated (the “previously designated area”) under—
(i)
section 1ZB(2) of the New Towns Act 1981 (designation of locally-led new town in England), or
(ii)
section 134(1B) of the Local Government, Planning and Land Act 1980 (designation of locally-led urban development area);
(b)
may not include any area that is, or forms part of, an area that is designated under—
(i)
section 1 of the New Towns Act 1981 (designation of new town area by Secretary of State), or
(ii)
section 134(1) of the Local Government, Planning and Land Act 1980 (designation of urban development area by Secretary of State).
(See also section 1(3ZB) and (3ZC) of the New Towns Act 1981 and section 134(1E) and (1F) of the Local Government, Planning and Land Act 1980.)
(2B)
Where the Mayor designates an area as mentioned in subsection (2A)(a), the Secretary of State must make regulations providing that the overlap area no longer forms part of the previously designated area.
(2C)
The regulations may also—
(a)
amend any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;
(b)
provide for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the Mayoral development area;
(c)
where the overlap area completely covers the previously designated area, provide for the dissolution of the development corporation for the previously designated area.
(2D)
The Secretary of State may, in connection with regulations under this section, make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the Mayoral development area (see also section 218 (transfer schemes: general provisions)).
(3)
The Mayor may designate a Mayoral development area only if—
(a)
the Mayor considers that designation of the area is expedient for furthering any one or more of the Greater London Authority's principal purposes,
(b)
the Mayor has consulted the persons specified by subsection (4),
(c)
the Mayor has had regard to any comments made in response by the consultees,
(d)
in the event that those comments include comments made by the London Assembly or a consultee under subsection (4)(d), (e), (f) or (g) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance,
(e)
the Mayor has laid before the London Assembly, in accordance with standing orders of the Greater London Authority, a document stating that the Mayor is proposing to designate the area, and
(f)
the consideration period for the document has expired without the London Assembly having rejected the proposal.
(4)
The persons who have to be consulted before an area may be designated are—
(a)
the London Assembly,
(b)
each constituency member of the London Assembly whose Assembly constituency contains any part of the area,
(c)
each Member of Parliament whose parliamentary constituency contains any part of the area,
(d)
each London borough council whose borough contains any part of the area,
(e)
the Common Council of the City of London if any part of the area is within the City,
(f)
the sub-treasurer of the Inner Temple if any part of the area is within the Inner Temple,
(g)
the under treasurer of the Middle Temple if any part of the area is within the Middle Temple, and
(h)
any other person whom the Mayor considers it appropriate to consult.
(5)
For the purposes of subsection (3)(f)—
(a)
the “consideration period” for a document is the 21 days beginning with the day the document is laid before the London Assembly in accordance with standing orders of the Greater London Authority, and
(b)
the London Assembly rejects a proposal if it resolves to do so on a motion—
(i)
considered at a meeting of the Assembly throughout which members of the public are entitled to be present, and
(ii)
agreed to by at least two thirds of the Assembly members voting.
(6)
If the Mayor designates a Mayoral development area, the Mayor must—
(a)
publicise the designation,
(b)
notify the Secretary of State of the designation, and
(c)
notify the Secretary of State of the name to be given to the Mayoral development corporation for the area.
(7)
Section 30(2) of the Greater London Authority Act 1999 (interpretation of references to the Authority's principal purposes) applies for the purposes of subsection (3)(a).