Greater London Authority Act 1999
There shall be an authority for Greater London, to be known as the Greater London Authority.
The Authority shall be a body corporate.
The Authority shall have the functions which are transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act.
The Authority shall consist of—
the Mayor of London; and
an Assembly for London, to be known as the London Assembly.
The Assembly shall consist of twenty five members, of whom—
fourteen shall be members for Assembly constituencies (“constituency members”); and
eleven shall be members for the whole of Greater London (“London members”).
There shall be one constituency member for each Assembly constituency.
The Assembly constituencies shall be the areas, and shall be known by the names, specified in an order made by the Secretary of State.
Schedule 1 to this Act (which makes further provision about Assembly constituencies and orders under subsection (4) above) shall have effect.
The Mayor and the Assembly members shall be returned in accordance with the provision made in or by virtue of this Act for—
the holding of ordinary elections of the Mayor, the constituency members and the London members; and
the filling of vacancies in the office of Mayor or among the constituency members or the London members.
An ordinary election involves the holding of—
an election for the return of the Mayor;
an election for the return of the London members; and
elections for the return of the constituency members.
The term of office of the Mayor and Assembly members returned at an ordinary election shall— but this subsection is subject to the other provisions of this Act and, in particular, to any provision made by order by virtue of subsection (4) of section 3 below.
begin on the second day after the day on which the last of the successful candidates at the ordinary election is declared to be returned; and
end on the second day after the day on which the last of the successful candidates at the next ordinary election is declared to be returned;
If at any ordinary election the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the day on which the last of the successful candidates at the ordinary election is declared to be returned shall be determined for the purposes of subsection (8) above without regard to the return of the Assembly member for that Assembly constituency.
The validity of proceedings of the Assembly is not affected by any vacancy in its membership.
The validity of anything done by the Authority is not affected by any vacancy in the office of Mayor or any vacancy in the membership of the Assembly.
The poll at the first ordinary election shall be held on 4th May 2000 or such later date as the Secretary of State may by order provide.
The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.
Subsection (2) above is subject to any order made by virtue of section 37(2) of the Representation of the People Act 1983 (power by order to fix a day other than the first Thursday in May).
As respects the first ordinary election, the Secretary of State may by order make provision—
modifying section 2(8) above in relation to the Mayor and Assembly members returned at that election;
for the returning officer at the election of the Mayor and the election of the London members to be a person, or a person of a description, designated in the order (instead of the person specified in section 35(2C) of the Representation of the People Act 1983);
for and in connection with modifying the entitlement to vote or the registration of electors, or with respect to the registers (or parts of registers) of electors to be used;
for or in connection with enabling electors to vote in the poll at such polling stations or other places as may be prescribed, at such times as may be prescribed, on such one or more days preceding the date specified in or provided under subsection (1) above for the poll as may be specified in the order.
The provision that may be made by an order under paragraph (d) of subsection (4) above includes provision for such enactments or statutory instruments as may be specified in the order to have effect with such modifications as may be so specified.
In this section “prescribed” means specified in, or determined in accordance with, an order under this section.
Each person entitled to vote as an elector at an ordinary election shall have the following votes—
one vote (referred to in this Part as a mayoral vote) which may be given for a candidate to be the Mayor;
one vote (referred to in this Part as a constituency vote) which may be given for a candidate to be the Assembly member for the Assembly constituency; and
one vote (referred to in this Part as a London vote) which may be given in accordance with subsection (5) below.
The Mayor shall be returned under the simple majority system, unless there are three or more candidates.
If there are three or more candidates to be the Mayor—
the Mayor shall be returned under the supplementary vote system in accordance with Part I of Schedule 2 to this Act; and
a voter’s mayoral vote shall accordingly be a supplementary vote, that is to say, a vote capable of being given to indicate the voter’s first and second preferences from among the candidates.
The Assembly member for an Assembly constituency shall be returned under the simple majority system.
A London vote may be given for—
a registered political party which has submitted a list of candidates to be London members; or
an individual who is a candidate to be a London member.
The London members shall be returned in accordance with Part II of Schedule 2 to this Act.
The persons who are to be returned as— must be determined before it is determined who are to be returned as the London members.
the Mayor, and
the constituency members,
But if the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the persons who are to be returned as the London members shall be determined without regard to the determination of the Assembly member for that Assembly constituency.
At an ordinary election, a person may not be a candidate to be the Assembly member for more than one Assembly constituency.
If the person who is returned as the Mayor is also returned as an Assembly member for an Assembly constituency, a vacancy shall arise in the Assembly constituency.
In this Part “registered political party” means a party registered under the Registration of Political Parties Act 1998.
An Assembly member may at any time resign his membership of the Assembly by giving notice to the proper officer of the Authority.
Any such resignation shall take effect on the officer’s receipt of the notice.
If an Assembly member fails, throughout a period of six consecutive months from his last attendance, to attend any meeting of the Assembly, he shall cease to be a member of the Assembly.
A person shall not cease to be a member by virtue of subsection (1) above if the failure to attend is due to some reason approved by the Assembly before the expiry of that period.
For the purposes of this section, an Assembly member shall be deemed to have attended a meeting of the Assembly on any occasion on which he attended—
as a member at a meeting of any committee or sub-committee of the Assembly; or
as a representative of the Assembly or the Authority at a meeting of any body of persons.
A person shall not cease to be a member of the Assembly by reason only of a failure to attend meetings of the Assembly if— and the failure to attend is due to that employment.
he is a member of any branch of Her Majesty’s naval, military or air forces and is at the time employed during war or any emergency on any naval, military or air force service, or
he is a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence,
Where an Assembly member— the proper officer of the Authority shall forthwith declare the member’s office to be vacant, unless it has been declared vacant by the High Court.
ceases to be qualified to be a member of the Assembly, or
becomes disqualified from being a member otherwise than—
under the Audit Commission Act 1998,
by virtue of a conviction, or
by virtue of a breach of any provision of Part II of the Representation of the People Act 1983, or
ceases to be a member of the Assembly by reason of failure to attend meetings of the Assembly,
If the person who is returned at an election under section 16 below to fill a vacancy in the office of Mayor is an Assembly member, a vacancy shall arise—
if he is a member for an Assembly constituency, in that Assembly constituency; or
if he is a London member, in his office as a London member.
For the purpose of filling a casual vacancy in the membership of the Assembly, the date on which a vacancy is to be regarded as occurring shall be—
in the case of any person being returned— on the date on which he is returned as the Mayor or, as the case may be, to fill the vacancy in that office;
at an ordinary election, as the Mayor and also as the Assembly member for an Assembly constituency, or
at an election under section 16 below to fill a vacancy in the office of Mayor when he is an Assembly member,
in the case of any person being returned as mentioned in section 16(10) below, on the date on which he is returned to fill the vacancy in the Assembly constituency;
in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;
in the case of resignation, upon the receipt of the notice of resignation by the proper officer of the Authority;
in the case of death, on the date of death;
in the case of disqualification under the Audit Commission Act 1998 or by virtue of a conviction—
on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant order or decision under that Act or (as the case may be) that conviction, or
if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution;
in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;
in the case of a person— on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority as the case may be.
ceasing to be qualified to be an Assembly member, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (g) above, or
ceasing to be an Assembly member by reason of failure to attend meetings,
The proper officer of the Authority shall—
give written notice of any casual vacancy among the London members to the Greater London returning officer; and
give public notice of any casual vacancy among the constituency members.
Any public notice under subsection (2)(b) above shall be given—
by posting the notice in some conspicuous place or places in the Assembly constituency concerned; and
in such other manner, if any, as the officer considers desirable for giving publicity to the notice.
Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded under subsection (1) above as occurring.
This section applies where the office of an Assembly member returned for an Assembly constituency is vacant.
Subject to subsection (8) below, an election shall be held in the Assembly constituency to fill the vacancy.
At the election to fill the vacancy—
each person entitled to vote at the election shall have a constituency vote; and
the Assembly member for the Assembly constituency shall be returned under the simple majority system.
The date of the poll at the election shall be fixed by the constituency returning officer in accordance with subsection (5) below.
The date fixed shall be no later than 35 days after the date of the relevant event.
In subsection (5) above, “the relevant event” means—
in a case where the High Court or the proper officer of the Authority has declared the office to be vacant, the making of that declaration; or
in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for the Assembly constituency concerned.
Section 243(4) of the Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (5) above as it applies for the purposes of section 89(1) of that Act.
If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election unless subsection (9) below applies.
This subsection applies if, on the occurrence of the vacancy (or, in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the Assembly exceeds one-third of the whole number of Assembly members.
A person may not be a candidate at an election to fill a vacancy if he is—
the Mayor;
an Assembly member; or
a candidate in another such election.
The term of office of the person returned at the election—
shall begin immediately upon his being declared to be returned as the constituency member; and
shall end at the time when it would have ended had he been returned as the constituency member at the previous ordinary election.
This section applies where the office of a London member is vacant.
If the London member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the vacancy shall remain unfilled until the next ordinary election.
If the London member was returned (under Part II of Schedule 2 to this Act or this section) from a registered political party’s list, the Greater London returning officer shall notify the Chair of the Assembly of the name of the person who is to fill the vacancy.
The person who is to fill the vacancy must be one who—
is included in that list;
is willing to serve as a London member; and
is not a person to whom subsection (5) below applies.
This subsection applies to a person if—
he is not a member of the party; and
the party gives notice to the Greater London returning officer that his name is not to be notified under subsection (3) above as the name of the person who is to fill the vacancy.
Where more than one person satisfies the conditions in subsection (4) above, the Greater London returning officer shall notify the name of whichever of them is higher, or highest, in the list.
Where a person’s name has been notified under subsection (3) above, his term of office as a London member— and this Act shall apply as if the person had been declared to be returned as a London member on the day on which the notification under subsection (3) above is so received.
shall begin on the day on which the notification is received under that subsection, and
shall end at the time when it would have ended had he been returned as a London member at the previous ordinary election,
The Mayor may at any time resign his office by giving notice to the proper officer of the Authority.
Any such resignation shall take effect on the officer’s receipt of the notice.
If the Mayor fails on six consecutive occasions to attend meetings of the Assembly held pursuant to section 52(3) below, he shall cease to be the Mayor.
Where the Mayor— the proper officer of the Authority shall forthwith declare his office to be vacant, unless it has been declared vacant by the High Court.
ceases to be qualified to be the Mayor,
becomes disqualified from being the Mayor otherwise than—
under the Audit Commission Act 1998,
by virtue of a conviction, or
by virtue of a breach of any provision of Part II of the Representation of the People Act 1983, or
ceases to be the Mayor by reason of failure to attend meetings of the Assembly,
Subsection (1) of section 9 above shall apply for the purpose of filling a casual vacancy in the office of Mayor as it applies for the purpose of filling a casual vacancy in the membership of the Assembly, but with the omission of paragraphs (a) and (b) and the substitution for paragraph (h) of—
If a casual vacancy arises in the office of Mayor, the proper officer of the Authority shall give—
notice of the vacancy to the Greater London returning officer; and
public notice of the vacancy in every Assembly constituency.
Any public notice under subsection (2)(b) above shall be given—
by posting the notice in some conspicuous place or places in each Assembly constituency; and
in such other manner, if any, as the officer considers desirable for giving publicity to the notice.
Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of subsection (1) above as occurring.
This section applies where a vacancy occurs in the office of the Mayor.
Subject to subsection (9) below, an election shall be held to fill the vacancy.
At the election, each person entitled to vote as an elector at the election shall have a mayoral vote.
Subsections (2) and (3) of section 4 above and Part I of Schedule 2 to this Act shall apply in relation to the election as they apply in relation to the election of the Mayor at an ordinary election.
The date of the poll at the election shall be fixed by the Greater London returning officer in accordance with subsection (6) below.
The date fixed shall be no later than 35 days after the date of the relevant event.
In subsection (6) above, “the relevant event” means—
in a case where the High Court or the proper officer of the Authority have declared the office to be vacant, the making of that declaration; or
in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for Greater London.
Section 243(4) of the Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (6) above as it applies for the purposes of section 89(1) of that Act.
If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election.
If— a vacancy shall arise in the Assembly constituency.
a person who is a candidate in an election to fill a vacancy in the office of Mayor is also a candidate in an election to fill a vacancy in an Assembly constituency, and
that person is returned in both elections, but
the circumstances are such that a vacancy does not arise in the Assembly constituency by virtue of section 8 above,
The term of office of the person returned as the Mayor at the election—
shall begin immediately upon his being declared to be returned as the Mayor; and
shall end at the time when it would have ended had he been returned as the Mayor at the previous ordinary election.
Schedule 3 to this Act (which, by amending the Representation of the People Acts, makes provision for and in connection with treating elections under this Act as local government elections for the purposes of those Acts) shall have effect.
A returning officer shall be entitled to recover expenditure properly incurred by him in relation to the holding of the first ordinary election if the expenditure—
is of a kind determined by the Secretary of State; and
is reasonable.
The Secretary of State may determine a maximum recoverable amount for expenditure of such description as he may determine; and the returning officer may not recover more than that amount in respect of any such expenditure.
The amount of any expenditure recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Secretary of State; but the Secretary of State must, before payment, satisfy himself that the expenditure in the account is properly payable.
A returning officer must furnish the Secretary of State with such information or documents relating to an account submitted under subsection (3) above as the Secretary of State may require.
The Secretary of State must prepare an account of any sums which are issued to him out of the Consolidated Fund by virtue of this section and of his use of those sums.
The account required to be prepared under subsection (5) above must be audited by such body or person as the Treasury may determine.
Any exercise by the Secretary of State of his functions under subsections (1) and (2) above shall require the consent of the Treasury.
This section has effect in relation to the first ordinary election instead of section 36(4B) of the Representation of the People Act 1983.
The Secretary of State may incur expenditure in doing anything which he considers expedient—
in preparation for the holding of the first ordinary election,
for the purpose of facilitating the conduct of the first ordinary election, or
otherwise in connection with the holding of the first ordinary election.
The Secretary of State must not, by virtue of subsection (1) above, incur expenditure of a kind which is recoverable by a returning officer under section 18 above.
Subject to any disqualification by virtue of this Act or any other enactment, a person is qualified to be elected and to be the Mayor or an Assembly member if he satisfies the requirements of subsections (2) to (4) below.
The person must be—
a Commonwealth citizen;
a citizen of the Republic of Ireland; or
a relevant citizen of the Union.
On the relevant day, the person must have attained the age of 21 years.
The person must satisfy at least one of the following conditions—
on the relevant day he is, and from that day continues to be, a local government elector for Greater London;
he has, during the whole of the twelve months preceding that day, occupied as owner or tenant any land or other premises in Greater London;
his principal or only place of work during that twelve months has been in Greater London;
he has during the whole of that twelve months resided in Greater London.
This section applies in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
In the application of this section by virtue of subsection (5) above, any reference to the day on which a person is nominated as a candidate shall be taken as a reference to the day on which notification of the person’s name is given under section 11(3) above by the Greater London returning officer.
In this section—
“waste collection authority in Greater London” shall be construed in accordance with section 30(3)(b) of that Act,
“the transfer date” means the date on which London Underground Limited becomes a subsidiary of Transport for London;
any duties of guards on passenger trains;
“stopping place” means, in relation to any service or part of a service, a point at which passengers are (or, in the case of a proposed service, are proposed to be) taken up or set down in the course of that service or part,
“waste authority” means—
“abolished function” means any function of London Regional Transport which was conferred or imposed by a statutory provision which is repealed or revoked by or under this Act;
“railway vehicle” includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along a railway;
“registered political party” has the meaning given by section 4(11) above;
“ordinary election” shall be construed in accordance with section 2(7) above;
any enactment, other than an enactment contained in this Act;
“Assembly member” means a member of the Assembly;
A person is disqualified from being elected or being the Mayor or an Assembly member if—
he is a member of staff of the Authority;
he holds any of the offices or appointments for the time being designated by the Secretary of State in an order as offices or appointments disqualifying persons from being the Mayor or an Assembly member;
he has been adjudged bankrupt, or made a composition or arrangement with his creditors;
he has within five years before the day of the election, or since his election, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or
he is disqualified under— from being elected or being the Mayor or an Assembly member.
section 85A or Part III of the Representation of the People Act 1983, or
section 17 or 18 of the Audit Commission Act 1998,
A paid officer of a London borough council who is employed under the direction of— shall be disqualified from being elected or being the Mayor or an Assembly member.
any of that council’s committees or sub-committees the membership of which includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or
a joint committee the membership of which includes one or more members appointed on the nomination of that council and one or more members appointed on the nomination of the Authority acting by the Mayor,
Where a person is disqualified under subsection (1)(c) above by reason of having been adjudged bankrupt, the disqualification shall cease—
unless the bankruptcy order made against the person is previously annulled, on his discharge from bankruptcy; and
if the bankruptcy order is so annulled, on the date of the annulment.
Where a person is disqualified under subsection (1)(c) above by reason of having made a composition or arrangement with his creditors, the disqualification shall cease—
if he pays his debts in full, on the date on which the payment is completed; and
in any other case, on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.
For the purposes of subsection (1)(d) above— shall be deemed to be the date of the conviction.
the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires, or
if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution,
This section shall apply in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.
Section 92 of the Local Government Act 1972 (proceedings for disqualification) shall apply in relation to the Authority as it applies in relation to a local authority within the meaning of that section, but taking—
any reference to a member of a local authority as a reference to the Mayor or an Assembly member;
any reference to a local government elector for the area concerned as a reference to a local government elector for Greater London; and
any reference to meetings of the local authority as a reference to meetings of the Assembly.
The Authority shall pay to the Mayor and the Assembly members salaries at such levels—
as the Authority from time to time determines; or
before the first determination, as the Secretary of State directs.
The Authority may pay to the Mayor and the Assembly members, in respect of expenses incurred in the exercise of their functions, allowances at such levels—
as the Authority may from time to time determine; or
before the first determination, as the Secretary of State may direct.
A determination or direction under subsection (1) above may provide—
for a higher level of salary to be payable to the Mayor than to any Assembly member;
for higher levels of salaries to be payable to Assembly members holding the offices specified in subsection (4) below than to other Assembly members; and
for different salaries to be payable to Assembly members holding different such offices.
The offices mentioned in subsection (3)(b) above are—
Deputy Mayor;
Chair of the Assembly.
A determination or direction under subsection (2) above may provide for different allowances for different cases.
A determination under this section may provide for levels of salaries or allowances to change from time to time by reference to a specified formula.
The Authority’s functions of making determinations under this section shall be functions of the Authority which are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
The standing orders of the Authority must include provision for the publication of every determination under this section.
The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.
The Secretary of State may by order make provision such as is specified in subsection (3) below in relation to any Authority members to whom relevant remuneration is payable—
pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House;
under section 1 of the European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs); or
in respect of their membership of any other public body (whether elected or appointed) which is specified in the order.
In this section—
The provision referred to in subsection (1) above is provision that the amount of the salary payable to an Authority member under section 24 above—
shall be reduced to a specified proportion of what it otherwise would be or to a specified amount; or
shall be reduced by the amount of the relevant remuneration payable to him as mentioned in subsection (1) above, by a specified proportion of that amount or by some other specified amount.
An order under subsection (1) above may make different provision in relation to Authority members—
to whom (apart from the order) different amounts of salary would be payable under section 24 above; or
to whom different amounts of relevant remuneration are payable as mentioned in subsection (1) above.
Such an order may include provision that it (or a specified part of it) is not to apply to a specified Authority member or description of Authority members—
either indefinitely or for a specified period; and
either unconditionally or subject to the fulfilment of specified conditions.
The Authority may make such provision for the payment of pensions to or in respect of persons who have ceased to be the Mayor or an Assembly member—
as the Authority may from time to time determine; or
before the first determination, as the Secretary of State may direct.
The provision which may be made under this section includes, in particular, provision for—
the making of payments towards the provision of superannuation benefits;
establishing and administering one or more schemes for the provision of such benefits;
the making of such payments as are mentioned in paragraph (a) above to any scheme (whether or not established or administered by virtue of paragraph (b) above) of which the Mayor or an Assembly member may be or become a member.
Different provision may be made under this section for different cases.
The Authority’s function of determining the provision that may be made under subsection (1) above shall be a function of the Authority which is exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
The standing orders of the Assembly must include provision for the publication of every determination under this section.
The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.
A determination or direction under this section shall not affect pensions in payment before the making of the determination or the giving of the direction.
The standing orders of the Authority must contain provision for the publication of information relating to sums paid under sections 24 and 26 above for each financial year.
A person elected to the office of Mayor or of an Assembly member shall not act in that office unless—
he has made a declaration of acceptance of the office in a form prescribed in an order made by the Secretary of State; and
within two months from the day of the election, the declaration has been delivered to the proper officer of the Authority.
If such a declaration is not made and delivered to that officer within that time, the office of the person elected shall become vacant at the expiration of that time.
The declaration shall be made before—
two members of the Assembly;
the proper officer of the Authority;
a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man; or
a commissioner appointed to administer oaths in the Supreme Court.
Any person before whom a declaration is authorised to be made under this section may take the declaration.
In relation to the first ordinary election, an order under section 3(4) above may make provision with respect to the making and delivery of declarations of acceptance of office in the case of the persons elected as the Mayor or Assembly members.
An order made by virtue of subsection (5) above may (in particular) make provision—
permitting declarations to be made before such person (other than those specified in subsection (3) above) as may be specified or described in the order;
authorising any person specified or described under paragraph (a) above to take declarations;
requiring declarations to be delivered to such person as may be specified or described in the order instead of the officer mentioned in subsection (1)(b) above; and
requiring declarations delivered in accordance with provision made under paragraph (c) above to be transmitted to the proper officer of the Authority when one has been appointed.
No salary, and no payment towards the provision of superannuation benefits, shall be paid under this Act to or in respect of the Mayor or an Assembly member until he has complied with the requirements of subsection (1) above.
Subsection (7) above does not affect any entitlement of the Mayor or an Assembly member to payments in respect of the period before he complies with the requirements of subsection (1) above once he has complied with those requirements.
This section applies in relation to a London member returned otherwise than at an election as if he had been elected on the day on which he is to be treated as returned.
In this Part, except where the context otherwise requires—
“constituency member” shall be construed in accordance with section 2(2)(a) above;
“first preference vote” has the meaning given in paragraph 2 of Schedule 2 to this Act;
“enactment” includes an enactment comprised in subordinate legislation;
The Authority shall have power to do anything which it considers will further any one or more of its principal purposes.
Any reference in this Act to the principal purposes of the Authority is a reference to the purposes of—
promoting economic development and wealth creation in Greater London;
promoting social development in Greater London; and
promoting the improvement of the environment in Greater London.
In determining whether or how to exercise the power conferred by subsection (1) above to further any one or more of its principal purposes, the Authority shall have regard to the desirability of so exercising that power as to—
further the remaining principal purpose or purposes, so far as reasonably practicable to do so; and
secure, over a period of time, a reasonable balance between furthering each of its principal purposes.
In determining whether or how to exercise the power conferred by subsection (1) above, the Authority shall have regard to the effect which the proposed exercise of the power would have on—
the health of persons in Greater London; and
the achievement of sustainable development in the United Kingdom.
Where the Authority exercises the power conferred by subsection (1) above, it shall do so in the way which it considers best calculated— except to the extent that the Authority considers that any action that would need to be taken by virtue of paragraph (a) or (b) above is not reasonably practicable in all the circumstances of the case.
to promote improvements in the health of persons in Greater London, and
to contribute towards the achievement of sustainable development in the United Kingdom,
In subsection (5)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of the power.
The Secretary of State may issue guidance to the Authority concerning the exercise by the Authority of the power conferred by subsection (1) above.
In deciding whether or how to exercise that power, the Authority shall have regard to any guidance issued under subsection (7) above.
Any guidance issued under subsection (7) above shall be published by the Secretary of State in such manner as he considers appropriate.
The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
The Authority shall not by virtue of section 30(1) above incur expenditure in doing anything which may be done by a functional body other than the London Development Agency.
In determining whether to exercise the power conferred by section 30(1) above, the Authority shall seek to secure that it does not incur expenditure in doing anything which is being done by the London Development Agency.
The Authority shall not by virtue of section 30(1) above incur expenditure in providing— in any case where the provision in question may be made by a London borough council, the Common Council or any other public body.
any housing,
any education services,
any social services, or
any health services,
Any reference in subsection (3) above to the provision of housing—
includes a reference to the management of housing; but
does not include a reference to the acquisition by the Authority of existing housing accommodation and the making of that accommodation available on a temporary basis for one or more of the principal purposes of the Authority or for purposes incidental to such a purpose.
Any reference in subsection (3) above to the provision of social services is a reference to the exercise of—
any function under any enactment for the time being specified in Schedule 1 to the Local Authority Social Services Act 1970, or
any function for the time being designated by an order made by the Secretary of State under section 2(2) of that Act as being appropriate for discharge through a local authority’s social services committee.
Nothing in subsections (1) to (5) above shall be taken to prevent the Authority incurring expenditure in co-operating with, or facilitating or co-ordinating the activities of, the bodies mentioned in those subsections.
The Secretary of State may by order amending this section make further provision for preventing the Authority from doing by virtue of section 30(1) above anything—
which may be done by a London borough council, the Common Council or a public body, and
which is specified, or is of a description specified, in the order.
The Secretary of State may by order impose limits on the expenditure which may be incurred by the Authority by virtue of section 30(1) above.
The Secretary of State may by order amending this section make provision removing or restricting any prohibitions or limitations imposed by this section on what may be done by the Authority by virtue of section 30(1) above.
The power conferred by section 30(1) above is exercisable only after consultation with such bodies or persons as the Authority may consider appropriate in the particular case.
In determining what consultation (if any) is appropriate under subsection (1) above, the bodies which, and persons whom, the Authority considers consulting must include—
any London borough council;
the Common Council; and
bodies of each of the descriptions specified in subsection (3) below.
Those descriptions are—
voluntary bodies some or all of whose activities benefit the whole or part of Greater London;
bodies which represent the interests of different racial, ethnic or national groups in Greater London;
bodies which represent the interests of different religious groups in Greater London;
bodies which represent the interests of persons carrying on business in Greater London.
The Authority may make arrangements with— for the purpose of facilitating the carrying out by the Authority of consultation pursuant to this section or any other provision of this Act.
any London borough council,
the Common Council,
bodies of the descriptions specified in subsection (3) above, and
such other bodies or persons as it may consider appropriate,
The functions conferred on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
The Authority shall make appropriate arrangements with a view to securing that— there is due regard to the principle that there should be equality of opportunity for all people.
in the exercise of the power conferred on the Authority by section 30 above,
in the formulation of the policies and proposals to be included in any of the strategies mentioned in section 41(1) below, and
in the implementation of any of those strategies,
After each financial year the Authority shall publish a report containing—
a statement of the arrangements made in pursuance of subsection (1) above which had effect during that financial year; and
an assessment of how effective those arrangements were in promoting equality of opportunity.
The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
The Authority, acting by the Mayor, by the Assembly, or by both jointly, may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the Authority exercisable by the Mayor or, as the case may be, by the Assembly or by both acting jointly.
The Authority shall not by virtue of this section raise money (whether by precepts, borrowing or otherwise) or lend money, except in accordance with the enactments relating to those matters.
Any function transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed) shall, in accordance with the provisions of this Act, be exercisable—
only by the Mayor acting on behalf of the Authority;
only by the Assembly so acting; or
only by the Mayor and Assembly jointly so acting.
Any function— shall be exercisable only by the Mayor acting on behalf of the Authority.
which is transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed), and
which (apart from this subsection) is not made exercisable on behalf of the Authority by the Mayor, by the Assembly, or by the Mayor and the Assembly acting jointly,
Any function transferred to, or conferred or imposed on, the Mayor by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor acting on behalf of the Authority.
Any function transferred to, or conferred or imposed on, the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Assembly acting on behalf of the Authority.
Any function transferred to, or conferred or imposed on, the Mayor and the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor and Assembly acting jointly on behalf of the Authority.
Subsections (3) and (4) above are subject to subsection (5) above.
Any reference in this Act to— shall be construed in accordance with the foregoing provisions of this section.
functions of the Authority,
functions of the Mayor,
functions of the Assembly, or
functions of the Mayor and Assembly,
Subsections (1) to (7) above are subject to any express provision to the contrary in this Act.
Subsections (2) and (3) above are without prejudice to section 38 below and Schedule 4 to this Act.
This section is subject, in particular, to Part II of the Deregulation and Contracting Out Act 1994 (contracting out).
The Assembly, in consultation with the Mayor, may make standing orders of the Authority.
The procedure of the Assembly, and of any committees or sub-committees of the Assembly, shall be regulated by the standing orders of the Authority.
Standing orders of the Authority may make provision regulating the procedure to be followed— by whom functions of the Authority are exercisable pursuant to arrangements under section 54 below.
by any member of the Assembly, or
by any member of staff of the Authority,
Standing orders of the Authority may make provision regulating the procedure to be followed by the Mayor or by the Assembly in discharging any functions of the Mayor or the Assembly, to the extent that the functions—
consist of consultation, or any other interaction or relationship, between the Mayor and the Assembly; or
are exercisable by the Mayor in relation to the Assembly or by the Assembly in relation to the Mayor.
Standing orders of the Authority may make provision for any other matter for which provision by standing orders of the Authority is authorised or required by or under any other provision of this Act or any other enactment.
Subsections (2) to (5) above are subject to any other provision of this Act or any other enactment which regulates, or provides for the regulation of, the procedure of the Assembly or any procedure to be followed by the Mayor.
Standing orders of the Authority may make different provision for different circumstances.
The Assembly, after consultation with the Mayor, may at any time vary or revoke any standing orders of the Authority.
Neither section 38 below nor section 54 below shall apply in relation to the functions of the Mayor or the Assembly under this section.
Schedule 4 to this Act shall have effect with respect to the discharge of functions during periods when—
there is a vacancy in the office of Mayor; or
there is no such vacancy but the Mayor is unable to act in his office.
Any function exercisable on behalf of the Authority by the Mayor shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
Those bodies and persons are—
the Deputy Mayor;
any member of staff of the Authority;
Transport for London;
the London Development Agency;
the Common Council;
any local authority.
In the case of the Common Council or a local authority, an authorisation under this section—
may only be granted or varied with its written consent; and
shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.
Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
Subsection (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by— except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
a committee or sub-committee, or a member, officer or employee, of the body or person, or
a joint committee on which the body or person is represented,
Subsection (1) above does not apply—
in relation to functions under this section;
in relation to any function of making appointments under subsection (1) of section 67 below (which, subject to the provisions of Schedule 4 to this Act, shall be exercisable only by the Mayor); or
in relation to any function under Part X below (in relation to which provision for delegation is made under that Part).
Each of the following bodies, namely— shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
Transport for London,
the London Development Agency,
the Common Council,
any local authority,
Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor— as they apply to arrangements under that section between one local authority and another.
to a local authority,
to Transport for London, or
to the London Development Agency,
An authorisation under this section may be varied or revoked at any time by the Mayor.
Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
Where any functions exercisable on behalf of the Authority by the Mayor are, by virtue of an authorisation under section 38(1) above, also exercisable by one or more local authorities, the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint discharge of the functions by a joint committee.
Where— the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint exercise of any of the statutory functions mentioned in paragraph (a) or (b) above by a joint committee, as if those functions were exercisable by the Mayor acting on behalf of the Authority and by each local authority.
a statutory function of the Authority is exercisable, or has been exercised, by the Mayor acting on behalf of the Authority, and
the exercise, or any particular exercise, of that function will or may affect, or be affected by, the exercise, or any particular exercise, of statutory functions of local authorities (whether or not the functions are the same in the case of each such authority),
For the purposes of subsection (2) above, the exercise of a function shall be taken to affect, or be affected by, the exercise of another function if the functions are exercisable for the same, or for similar or connected, purposes or in relation to the same, or similar or connected, subject matter.
For the purposes of subsections (1) and (2) above, sections 101(5) and 102 to 106 of the Local Government Act 1972 shall have effect as if the Authority acting by the Mayor were a local authority.
Any arrangements made by virtue of subsection (1) or (2) above for the discharge of any functions by a joint committee (or by a sub-committee of a joint committee) shall not prevent the Mayor or any local authority, or the joint committee by whom the arrangements are made, from exercising the functions.
A person who is disqualified under section 21 above from being elected or being the Mayor or an Assembly member, otherwise than by reason only of being a member of staff of the Authority, shall be disqualified from being a member of a joint committee established by virtue of subsection (1) or (2) above or of any sub-committee of such a committee.
Subject to that, the Mayor or any other individual may be appointed as a representative of the Authority on any joint committee established by virtue of subsection (1) above and any such representative may be appointed as a member of any sub-committee of such a joint committee.
Any reference in this section to a local authority includes a reference to the Common Council.
Part II of the Deregulation and Contracting Out Act 1994 (contracting out) shall be amended as follows.
In section 70 (functions of local authorities) in subsection (1)(b), after “section 56 of the Local Government (Scotland) Act 1973” there shall be inserted “or section 38 or 380 of the Greater London Authority Act 1999”.
After subsection (5) of that section (which implies certain terms into arrangements under section 101 of the Local Government Act 1972 etc) there shall be inserted—
In section 79(1) (interpretation of Part II) in the definition of “local authority”, in paragraph (a), after “London borough council,” there shall be inserted “the Greater London Authority acting through the Mayor of London,”.
This section applies to—
the transport strategy prepared and published under section 142 below,
the London Development Agency strategy prepared and published under section 7A(2) of the Regional Development Agencies Act 1998,
the spatial development strategy prepared and published under Part VIII below,
the London Biodiversity Action Plan prepared and published under section 352 below,
the municipal waste management strategy prepared and published under section 353 below,
the London air quality strategy prepared and published under section 362 below,
the London ambient noise strategy prepared and published under section 370 below, and
the culture strategy prepared and published under section 376 below.
The Mayor shall keep each of the strategies mentioned in subsection (1) above under review and shall make such revisions of those strategies as he considers necessary.
Subsection (2) above does not apply in relation to the spatial development strategy (for which separate provision as to review is made by section 340 below).
In preparing or revising any strategy mentioned in subsection (1) above, the Mayor shall have regard to—
the principal purposes of the Authority;
the effect which the proposed strategy or revision would have on—
the health of persons in Greater London; and
the achievement of sustainable development in the United Kingdom; and
the matters specified in subsection (5) below.
Those matters are—
the need to ensure that the strategy is consistent with national policies and with such international obligations as the Secretary of State may notify to the Mayor for the purposes of this paragraph;
the need to ensure that the strategy is consistent with each other strategy mentioned in subsection (1) above;
the resources available for implementation of the strategy; and
the desirability of promoting and encouraging the use of the River Thames safely, in particular for the provision of passenger transport services and for the transportation of freight.
The Mayor— shall have regard to the matters specified in subsection (5) above.
in considering whether any strategy mentioned in subsection (1) above needs to be revised,
in implementing any such strategy, or
in exercising in relation to the spatial development strategy any of his functions under sections 334 to 341 below,
Where the Mayor prepares or revises any strategy mentioned in subsection (1) above, he shall include such of the available policies and proposals relating to the subject matter of the strategy as he considers best calculated— except to the extent that he considers that any action that would need to be taken by virtue of paragraph (a) or (b) above is not reasonably practicable in all the circumstances of the case.
to promote improvements in the health of persons in Greater London, and
to contribute towards the achievement of sustainable development in the United Kingdom,
In subsection (7)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the strategy or revision.
The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above as he may consider appropriate, having regard to— and in setting any such targets the Mayor shall seek to secure that they are not less demanding than any related targets or objectives which are set nationally.
any related targets or objectives set nationally; and
any performance indicators set by the Secretary of State, whether nationally or locally, which affect the exercise of functions by authorities involved in the implementation of the strategy;
For the purposes of this section “international obligations” means international obligations of the United Kingdom under any treaty, including obligations under the Community Treaties.
For the purposes of this Act, unless the context otherwise requires, a reference to a strategy includes a reference to the London Biodiversity Action Plan.
In preparing or revising any strategy to which this section applies the Mayor shall consult—
the Assembly,
the functional bodies,
each London borough council,
the Common Council, and
any other body or person whom he considers it appropriate to consult.
In determining what consultation (if any) is appropriate under subsection (1)(e) above, the bodies which, and persons whom, the Mayor considers consulting must include bodies of each of the descriptions specified in section 32(3) above.
The strategies to which this section applies are those mentioned in section 41(1) above, other than the spatial development strategy (for which separate provision as to consultation and other aspects of public participation is made by Part VIII below).
Subsection (1) above is without prejudice to any other duty imposed on the Mayor in relation to consultation.
In discharging the duty under subsection (1) above, the Mayor shall consult the Assembly and the functional bodies before consulting the other bodies or persons mentioned in subsection (1)(c) to (e) above.
In any case where— the Mayor is not required to carry out consultation in accordance with this section.
the Mayor proposes to revise any of the strategies to which this section applies, and
he considers that the proposed revisions will not materially alter the strategy in question,
The Mayor shall take such steps as in his opinion will give adequate publicity to the current version of each strategy to which section 42 above applies.
The Mayor shall send to the Common Council and to each London borough council a copy of the current version of each strategy mentioned in section 41(1) above.
A copy of the current version of each such strategy shall be kept available by the Mayor for inspection by any person on request free of charge— at reasonable hours.
at the principal offices of the Authority, and
at such other places as the Mayor considers appropriate,
A copy of the current version of each such strategy, or any part of such a strategy, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.
Any reference in this section to “the current version” of a strategy or part of a strategy is a reference—
in the case of the spatial development strategy, to that strategy as last published, whether originally or by way of replacement, and to any published alteration thereof for the time being having effect; and
in the case of any other strategy, to that strategy as last published, whether originally or as revised.
In relation to each strategy mentioned in section 41(1) above, where the Mayor has not published the strategy and the Secretary of State considers that the Mayor is not taking such steps as are necessary to prepare the strategy, he may issue a direction to the Mayor under subsection (2) below.
A direction under this subsection may direct the Mayor to prepare and publish the strategy within such period as the direction shall specify.
Where the Secretary of State issues a direction to the Mayor under subsection (1) above, the Mayor shall comply with the direction.
The Mayor shall, not later than three clear working days before the first meeting of the Assembly held pursuant to subsection (3) of section 52 below, and thereafter not later than three clear working days before each subsequent meeting of the Assembly held pursuant to that subsection, submit a written report to the Assembly.
A report required to be submitted by the Mayor under subsection (1) above shall relate to the period since the submission of the previous report or, in the case of the first such report, to the period since the first ordinary election and shall include—
notification of decisions taken by the Mayor which he considers to be of significance;
the reasons for which the Mayor took the decisions mentioned in paragraph (a) above; and
the response of the Mayor to proposals submitted by the Assembly under section 60 below.
The Mayor shall attend every meeting of the Assembly held pursuant to section 52(3) below and shall, subject to subsection (6) below, answer questions put to him at any such meeting by Assembly members about matters in relation to which statutory functions are exercisable by him.
The Mayor shall— (subject, in either case, to subsection (6) below).
so far as reasonably practicable, answer any such question orally at the meeting at which it is put, or
if for any reason it is not reasonably practicable to do that, provide a written answer before the end of the third working day following the day on which the question was asked at the meeting,
For the purposes of subsection (4)(b) above, the day on which a question is asked at a meeting is—
in the case of an oral question, the day on which the question is first asked at the meeting; or
in the case of a written question, the day on which the question is first raised at the meeting.
The duty of the Mayor under subsection (3) or (4) above shall not require him to disclose advice received by him from— except as provided by subsection (7) below.
a person appointed under section 67(1) or (2) below,
a functional body,
a member of a functional body, or
a member of staff of a functional body,
Where— the Mayor is not relieved by subsection (6) above from any requirement to disclose the advice, if or to the extent that the advice falls within subsection (8) below.
the Mayor receives advice from a person falling within paragraph (b), (c) or (d) of subsection (6) above, and
the functional body mentioned in that paragraph is the Metropolitan Police Authority or the London Fire and Emergency Planning Authority,
Advice given to the Mayor by a functional body falls within this subsection if it has been disclosed—
at a meeting of, or of a committee or sub-committee of, the functional body at a time when the meeting was open to members of the public by virtue of Part VA of the Local Government Act 1972 (access to meetings and documents); or
in a document which has been open to inspection by members of the public by virtue of that Part of that Act.
Any reference in this section to a member of staff of a functional body includes a reference to an officer or employee of that body.
For the purposes of this section, a day is a working day unless it is—
a Saturday or Sunday;
Christmas Eve, Christmas Day, Maundy Thursday or Good Friday;
a day which is a Bank Holiday in England under the Banking and Financial Dealings Act 1971; or
a day appointed for public thanksgiving or mourning.
As soon as practicable after the end of each financial year the Mayor shall prepare a report on the exercise by him of statutory functions during the year (an “annual report”).
An annual report shall include—
an assessment of the Mayor’s progress in implementing the strategies required to be prepared and published by him under this Act or under section 7A(2) of the Regional Development Agencies Act 1998;
a statement of any targets for the time being in force under section 41(9) above with respect to the implementation of those strategies and an assessment of the progress made by authorities involved in the implementation of those strategies towards achieving those targets;
a summary of information which relates to the Authority’s performance of its statutory functions and which the Authority is required to publish under or by virtue of any enactment; and
information of such descriptions as the Assembly, prior to the beginning of the financial year to which the annual report relates, has notified to the Mayor that it wishes to be included in the annual report.
As soon as practicable after preparing an annual report, the Mayor—
shall send a copy of the report to the Assembly; and
shall publish the report.
The annual report shall not be published until after the Mayor has sent a copy to the Assembly pursuant to subsection (3)(a) above.
A copy of the annual report sent to the Assembly 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.
A copy of the annual report sent to the Assembly, or any part of that report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
In this section “the appropriate period” in the case of an annual report is the period of six years beginning with the date of publication of that report pursuant to this section.
The Mayor shall once in every financial year hold and attend a meeting under this section (in this section referred to as a “State of London debate”) which shall be open to all members of the public.
The form of, and procedure for, a State of London debate shall be such as the Mayor may determine after consultation with the Assembly, but must be such that there is an opportunity for members of the public to speak.
The power to determine the form of, and procedure for, a State of London debate includes power to appoint a person to preside.
Any person may be appointed to preside at a State of London debate, whether or not he has any connection with the Authority.
A member of the public who attends or speaks at a State of London debate shall do so subject to and in accordance with the procedure for the State of London debate.
A State of London debate shall be held on a date to be determined by the Mayor—
during April, May or June in each successive period of twelve months beginning with 1st April 2001, and
at least 7 days after the publication under section 46 above of the annual report relating to the financial year last ended.
At least one month prior to the date on which the State of London debate is to be held, the Mayor—
shall determine the place at which the meeting is to be held; and
shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.
The Mayor and the Assembly shall twice in every financial year hold and attend a meeting under this section (in this section referred to as a “People’s Question Time”) which shall be open to all members of the public.
The purpose of a People’s Question Time is to afford an opportunity to members of the public to put questions to the Mayor and Assembly members and to enable the Mayor and Assembly members to respond.
The form of, and procedure for, a People’s Question Time shall be such as the Mayor may determine after consultation with the Assembly.
The power to determine the form of, and procedure for, a People’s Question Time includes power to appoint a person to preside.
Any person may be appointed to preside at a People’s Question Time, whether or not he has any connection with the Authority.
A member of the public who attends or speaks at a People’s Question Time shall do so subject to and in accordance with the procedure for the People’s Question Time.
A People’s Question Time shall be held on a date to be determined by the Mayor, after consultation with the Assembly, but which is not less than— a State of London debate held pursuant to section 47(1) above.
one month before, or
one month after,
At least one month prior to the date on which each People’s Question Time is to be held, the Mayor—
shall determine the place at which the meeting is to be held; and
shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.
There shall be a Deputy Mayor of London (“the Deputy Mayor”).
The Deputy Mayor shall have such functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.
The Deputy Mayor shall be appointed by the Mayor from among the Assembly members.
A person must not hold the offices of Deputy Mayor and Chair of the Assembly at the same time.
If the Mayor appoints as Deputy Mayor the person who is the Chair of the Assembly, a vacancy shall arise in the office of Chair of the Assembly.
Subsections (4) and (5) above apply in relation to the Deputy Chair of the Assembly as they apply in relation to the Chair of the Assembly.
A person appointed Deputy Mayor shall not act in that office unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.
A person shall cease to be the Deputy Mayor if—
he ceases to be an Assembly member;
he at any time gives notice of resignation as the Deputy Mayor to the proper officer of the Authority; or
the Mayor at any time gives him notice terminating his appointment as Deputy Mayor.
A person who ceases to be Deputy Mayor shall be eligible for reappointment.
There shall be—
an office of Chair of the London Assembly (“the Chair of the Assembly”); and
an office of Deputy Chair of the London Assembly (“the Deputy Chair of the Assembly”).
The Chair of the Assembly shall have—
the function of chairing meetings of the Assembly; and
such other functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.
Subsection (2)(a) above is subject to any provision made by or under this Act or any other enactment, whenever passed or made, or by the standing orders of the Authority.
The Deputy Chair of the Assembly shall have—
the function of chairing meetings of the Assembly when authorised or required to do so by or under this Act or any other enactment, whenever passed or made, or in accordance with the standing orders of the Authority; and
such other functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.
The Chair of the Assembly and the Deputy Chair of the Assembly shall each be elected at a meeting of the Assembly.
The Chair of the Assembly and the Deputy Chair of the Assembly must be elected from among the members of the Assembly.
A person must not hold the offices of Chair of the Assembly and Deputy Chair of the Assembly at the same time except as provided by subsection (7) below.
The Deputy Mayor is not eligible to be the Chair of the Assembly or the Deputy Chair of the Assembly.
If the Deputy Chair of the Assembly is elected to fill a vacancy in the office of Chair of the Assembly, a vacancy shall occur in the office of Deputy Chair of the Assembly.
If a vacancy occurs in the office of Chair of the Assembly or Deputy Chair of the Assembly, the first business at the next meeting of the Assembly shall be to fill the vacancy.
If a vacancy occurs in the office of Chair of the Assembly and there is a person who is the Deputy Chair of the Assembly, that person shall (subject to the other provisions of this Act or any other enactment) also be the Chair of the Assembly until such time as the vacancy is filled in accordance with subsection (6) above.
A person elected Chair of the Assembly or Deputy Chair of the Assembly shall not act in that office unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.
The Assembly may hold, in addition to any meetings required to be held by or under this section or any other enactment, such other meetings as it may determine.
Before the expiration of the period of ten days following the day of the poll at an ordinary election, there shall be a meeting of the Assembly to elect—
the Chair of the Assembly; and
the Deputy Chair of the Assembly.
On such ten occasions in each calendar year as the Assembly may determine, there shall be a meeting of the Assembly—
to consider the written report submitted for the meeting by the Mayor under section 45 above,
to enable Assembly members to put—
oral or written questions to the Mayor, and
oral questions to any employees of the Authority who are required to attend such meetings and answer questions put to them by Assembly members; and
to transact any other business on the agenda for the meeting.
The first meeting under subsection (3) above after an ordinary election shall be held not later than 25 days after the day of the poll at the election.
Notice of the time and place of any meeting of the Assembly— in accordance with the standing orders of the Authority.
shall be given to the Mayor and the Assembly members, and
shall be published,
In the case of a meeting of the Assembly under subsection (3) above, the notice required by subsection (5) above must be given and published—
if the meeting is the first such meeting after an ordinary election, as soon as reasonably practicable after the day of the poll at that election; or
in any other case, at least 28 clear days before the meeting.
If notice of a meeting to be held under subsection (3) above has been given pursuant to subsection (6) above, then, until that meeting has been held or the notice has been withdrawn, notice must not be given of another such meeting.
An extraordinary meeting of the Assembly may be called at any time by the Chair of the Assembly.
If— any five Assembly members may forthwith call an extraordinary meeting of the Assembly.
the Chair of the Assembly refuses to call an extraordinary meeting of the Assembly after a requisition for that purpose, signed by five Assembly members, has been presented to him, or
if, without so refusing, the Chair of the Assembly does not call an extraordinary meeting within seven days after such a requisition has been presented to him,
Section 54 below shall not apply in relation to any function of the Assembly under this section.
All questions coming before, or to be decided by, the Assembly shall be decided by a majority of the members of the Assembly present and voting at a meeting of the Assembly.
In the case of an equality of votes, the person chairing the meeting of the Assembly shall have a second or casting vote.
Subsections (1) and (2) above are subject to any provision to the contrary contained in this or any other enactment.
The Assembly may determine its own procedure and that of its committees and sub-committees (including quorum).
Subsection (4) above is subject to—
subsections (1) and (2) above;
sections 50 to 52 above;
section 56 below;
Schedules 6 and 7 to this Act; and
any other provision made by or under this Act or any other Act (whenever passed) which regulates, or provides for the regulation of, the procedure of the Assembly or committees of the Assembly.
The Assembly may arrange for any of the functions exercisable by it to be discharged on its behalf—
by a committee or sub-committee of the Assembly; or
by a single member of the Assembly.
The Assembly may arrange for a member of staff of the Authority appointed under section 67(2) below to exercise on the Assembly’s behalf any function exercisable by the Assembly under section 67(2) or 70(2) below.
Where by virtue of this section any functions exercisable by the Assembly may be discharged by a committee of the Assembly, then, unless the Assembly otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or by a single member of the Assembly.
Where by virtue of this section any functions exercisable by the Assembly may be discharged by a sub-committee of the Assembly, then, unless the Assembly or the committee concerned otherwise directs, the sub-committee may arrange for the discharge of any of those functions by a single member of the Assembly.
Any arrangements made under this section by the Assembly, or by a committee or sub-committee of the Assembly, for the discharge of any functions by— shall not prevent the Assembly, or the committee or sub-committee by whom the arrangements are made, from exercising those functions.
a committee or sub-committee of the Assembly,
a member of the Assembly, or
a member of staff of the Authority,
Subsection (1)(b) above does not apply in relation to functions under or by virtue of section 20A of the Police Act 1996 (questions by Assembly members to representatives of the Metropolitan Police Authority).
Subsections (1) to (3) of section 53 above shall apply in relation to a meeting of a committee or sub-committee of the Assembly as they apply in relation to a meeting of the Assembly.
Subsections (1) to (5) above are subject to any express provision contained in this Act or any Act passed after this Act.
For the purpose of discharging, in pursuance of arrangements under section 54(1)(a) above, any functions exercisable by the Assembly—
the Assembly may appoint a committee of the Assembly (an “ordinary committee”); and
an ordinary committee may appoint one or more sub-committees (“ordinary sub-committees”).
Subject to the provisions of this section— shall be fixed in the case of an ordinary committee by the Assembly or, in the case of an ordinary sub-committee, by the appointing committee.
the number of members, and
their term of office,
An ordinary committee or sub-committee must not include any person who is not an Assembly member.
The Assembly may appoint one or more committees (“advisory committees”) to advise it on any matter relating to the discharge of its functions.
An advisory committee—
may consist of such persons (whether Assembly members or not) appointed for such term as may be determined by the Assembly; and
may appoint one or more sub-committees (“advisory sub-committees”) to advise the committee with respect to any matter on which the committee has been appointed to advise.
Minutes of the proceedings of a meeting of the Assembly, or of any committee or sub-committee of the Assembly, shall be kept in such form as the Assembly may determine.
Any such minutes shall be signed at the same or next suitable meeting of the Assembly, committee or sub-committee by the person presiding at that meeting.
Any minute purporting to be signed as mentioned in subsection (2) above shall be received in evidence without further proof.
For the purposes of subsection (2) above, the next suitable meeting of the Assembly, or of a committee or sub-committee of the Assembly, is their next following meeting or, where standing orders of the Authority provide for another meeting to be regarded as suitable, either the next following meeting or that other meeting.
In the application of this section in the case of a meeting of the Assembly under section 52(3) above, “minutes” includes— whether the question was put, or the answer given, orally or in writing.
the text of any question put pursuant to section 52(3) above at the meeting, and
the text of the answer given to any such question,
Sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on committees etc) shall have effect in relation to the Assembly, so far as relating to the appointment of members of its committees, as if the Assembly were a relevant authority and its ordinary committees and advisory committees were ordinary or, as the case may be, advisory committees within the meaning of those provisions (and accordingly bodies to which section 15 of that Act applies).
In the case of any committee of the Assembly, the first appointment of members of the committee shall be an occasion on which the duty imposed by subsection (1) of section 15 of that Act arises in relation to the committee.
Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees) shall have effect as if— but with the following modifications.
the Assembly were a principal council, and
any committee or sub-committee of the Assembly were a committee or sub-committee of a principal council, within the meaning of that Part,
In the application of Part VA of that Act by subsection (1) above—
any information furnished to the Authority and available to the Assembly shall be treated as information furnished to the Assembly;
any offices of, or belonging to, the Authority shall be treated as also being offices of or belonging to the Assembly; and
the proper officer of the Authority shall be taken to be the proper officer in relation to the Assembly.
In the following provisions of that Act, namely— any reference to the disclosure (or likelihood of disclosure) of confidential information in breach of the obligation of confidence includes a reference to the disclosure of information of any of the descriptions specified in subsection (4) below without the consent of the relevant body concerned.
section 100A(2) (which requires the exclusion of the public from meetings and makes other provision to prevent disclosure of confidential information in breach of the obligation of confidence), and
section 100D(4) (which prevents the inclusion in a list of documents of any document which would so disclose such information),
The descriptions are— and in this subsection “relevant body” means Transport for London or the London Development Agency.
any information relating to the financial or business affairs of any particular person which was acquired in consequence of a relationship between that person and a relevant body;
the amount of any expenditure proposed to be incurred by a relevant body under any particular contract, if and so long as disclosure would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the relevant body, whether the advantage would arise against the relevant body or another such person;
any terms proposed or to be proposed by or to a relevant body in the course of negotiations for any particular contract, if and so long as disclosure would prejudice the relevant body in those or any other negotiations concerning the subject matter of the contract;
the identity of any person as the person offering any particular tender for a contract for the supply of goods or services to a relevant body;
In section 100C of that Act (inspection of minutes and other documents after meetings) any reference to the minutes of a meeting shall, in the case of a meeting of the Assembly under section 52(3) above, be taken to include a reference to— whether the question was put, or the answer given, orally or in writing.
the text of any question put pursuant to section 52(3) above at the meeting, and
the text of the answer given to any such question,
Nothing in section 100D of that Act (inspection of background papers) requires or authorises the inclusion in any such list as is referred to in subsection (1) of that section of any document which discloses anything which, by virtue of subsection (6) of section 45 above, is not required to be disclosed under subsection (3) or (4) of that section.
In section 100E of that Act (application to committees and sub-committees) subsection (3)(a) shall have effect as if section 55 above were included among the enactments specified in section 101(9) of that Act.
For the purposes of section 100F of that Act (additional rights of access to documents for members of principal councils) any document which is in the possession or under the control of the Authority and which is available to the Assembly shall be treated as a document which is in the possession or under the control of the Assembly.
In the case of the Assembly, the register of members required to be maintained under section 100G(1) of that Act shall, instead of stating the ward or division which a member represents, state—
whether the member is a London member or a constituency member; and
if he is a constituency member, the Assembly constituency for which he is the member.
For the purposes of section 100H(3) of that Act (acts which infringe copyright) the Authority shall be treated as a principal council.
In the application in relation to the Assembly of Schedule 12A to that Act (access to information: exempt information) any reference to “the authority” includes a reference to the Authority.
The Assembly shall keep under review the exercise by the Mayor of the statutory functions exercisable by him.
For the purposes of subsection (1) above, the powers of the Assembly include in particular power to investigate, and prepare reports about,—
any actions and decisions of the Mayor,
any actions and decisions of any member of staff of the Authority,
matters relating to the principal purposes of the Authority,
matters in relation to which statutory functions are exercisable by the Mayor, or
any other matters which the Assembly considers to be of importance to Greater London.
Where the Assembly decides to do so, the Assembly may submit a proposal to the Mayor.
Section 54 above shall not apply in relation to the function of the Assembly under subsection (1) above.
Subject to section 63 below, the Assembly may require any person to whom subsection (2), (3), (4) or (5) below applies—
to attend proceedings of the Assembly for the purpose of giving evidence, or
to produce to the Assembly documents in his possession or under his control.
This subsection applies to—
any person who is a member of staff of the Authority, or of any functional body, to whom sections 1 to 3 of the Local Government and Housing Act 1989 apply,
any person who is the chairman of, or a member of, any functional body, and
any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above been the chairman of, or a member of, any functional body.
This subsection applies to—
any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above had a contractual relationship with the Authority, and
any person who is a member of, or a member of staff of, a body which has within the three years prior to the date of the requirement to be imposed under subsection (1) above had such a relationship.
This subsection applies to—
any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above received a grant from the Authority, and
any person who is a member of, or a member of staff of, a body which has within the three years prior to the date of the requirement to be imposed under subsection (1) above received such a grant.
This subsection applies to—
any person who is an Assembly member,
any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above been an Assembly member, and
any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above been the Mayor.
A requirement imposed under subsection (1) above on a person falling within subsection (2) above—
if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with matters in relation to which statutory functions are exercisable by the Authority or any functional body, and
if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to those matters.
A requirement imposed under subsection (1) above on a person falling within subsection (3) above—
if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the contractual relationship with the Authority, and
if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that contractual relationship.
A requirement imposed under subsection (1) above on a person falling within subsection (4) above—
if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the grant received from the Authority, and
if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that grant.
A requirement imposed under subsection (1) above on a person falling within subsection (5) above—
if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the exercise by the person attending of the functions of the Authority, and
if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to the exercise of those functions by that person.
Nothing in this section shall require a person appointed under section 67(1) or (2) below to— which disclose advice given by that person to the Mayor.
give any evidence, or
produce any documents,
Nothing in this section shall require a person who is— to give any evidence, or produce any document, which discloses advice given to the Mayor by that person or, except as provided by subsection (12) below, by that functional body.
a member of a functional body, or
a member of staff of a functional body,
Subsection (11) above does not relieve a person from a requirement to give any evidence, or produce any document, which discloses advice given to the Mayor by— if or to the extent that the advice falls within subsection (13) below.
the Metropolitan Police Authority, or
the London Fire and Emergency Planning Authority,
Advice given to the Mayor by a functional body falls within this subsection if it has been disclosed—
at a meeting of, or of a committee or sub-committee of, the functional body at a time when the meeting was open to members of the public by virtue of Part VA of the Local Government Act 1972 (access to meetings and documents); or
in a document which has been open to inspection by members of the public by virtue of that Part of that Act.
For the purposes of this section and sections 62 to 65 below—
“document” means anything in which information is recorded in any form (and references to producing a document are to the production of the information in it in a visible and legible form, including the production of a copy of the document or an extract of the relevant part of the document),
any reference to a member of staff of a body includes a reference to an officer or employee of that body, and
any reference to proceedings is a reference to proceedings at a meeting.
The powers of the Assembly under section 61(1) above may be exercised by and for the purposes of an ordinary committee of the Assembly, if the committee is expressly authorised to exercise those powers by the standing orders or by the Assembly, but may not be exercised by any individual Assembly member or by any member of staff of the Authority.
Except in the case of a committee which is authorised by standing orders to exercise the powers of the Assembly under section 61(1) above, section 54 above shall not apply in relation to—
the Assembly’s function of deciding to exercise its powers under section 61(1) above; or
the Assembly’s function under subsection (1) above of authorising a committee to exercise those powers.
In order to impose a requirement on a person under section 61(1) above the head of the Authority’s paid service must give him notice specifying—
the time and place at which he is to attend and the matters about which he is to be required to give evidence, or
the documents, or types of documents, which he is to produce, the date by which he is to produce them and the matters to which the document or documents relate.
Where a requirement under section 61(1) above is imposed on a person to attend proceedings or produce documents on behalf of a body, the notice required to be given to him under subsection (3) above must also specify that body.
A notice required by subsection (3) above to be given to a person must be given at least two weeks before the day on which the proceedings are to take place, or by which the documents are to be produced, unless he waives this right.
A notice required by subsection (3) above to be given to a person shall be taken to have been given to him if it is sent by registered post or the recorded delivery service and—
if he is a member of staff of the Authority or the chairman of, a member of, or a member of staff of a functional body, it is sent to his normal place of work,
if he is a person required to attend proceedings or produce documents on behalf of a body, it is sent to the registered or principal office of the body,
if he is any other individual, it is sent to his usual or last known address, or
in the case of any person, where that person has given an address for service of the notice, it is sent to that address.
The Secretary of State may by order—
prescribe categories of information which a person who is required under subsection (1)(a) of section 61 above to attend proceedings of the Assembly may refuse to give, or
prescribe categories of documents which a person who is required under subsection (1)(b) of that section to produce documents may refuse to produce.
A person to whom a notice under section 62(3) above has been given is guilty of an offence if he—
refuses or fails, without reasonable excuse, to attend proceedings as required by the notice,
refuses to answer any question which is properly put to him when attending any proceedings as required by the notice,
refuses or fails, without reasonable excuse, to produce any document required by the notice to be produced by him, or
intentionally alters, suppresses, conceals or destroys any document required by the notice to be produced by him.
A person guilty of an offence under subsection (1) above is liable on summary conviction to—
a fine not exceeding level 5 on the standard scale, or
imprisonment for a term not exceeding three months.
A person is not obliged by section 61 above 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 and Wales.
In its application by virtue of section 58 above, Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), so far as relating to any proceedings under section 61(1) above (“the evidentiary proceedings”), shall have effect with the following additional modifications.
In section 100B (access to agenda and connected reports) any reference to a report for a meeting includes a reference to any document (other than the agenda) supplied before, and for the purposes of, the evidentiary proceedings (a “relevant document”).
If a report or relevant document is supplied less than three clear days before the evidentiary proceedings, copies of the report or document shall be open to inspection by the public under subsection (1) of that section from the time such copies are available to Assembly members, notwithstanding anything in subsection (3) of section 100B.
In section 100C (inspection of minutes and other documents after meetings)—
any reference to the minutes of a meeting shall be taken to include a reference to a transcript or other record of evidence given in the course of the evidentiary proceedings; and
any reference to a report for the meeting includes a reference to a relevant document.
In section 100D (inspection of background papers) any reference in subsections (1) to (4) to background papers for a report (or part of a report) shall be taken as a reference to any additional documents supplied by a witness.
In this section, “additional documents supplied by a witness” means documents supplied, whether before, during or after the evidentiary proceedings,— but does not include any document which is a relevant document.
by a person attending to give evidence at the proceedings, and
for the use of Assembly members in connection with the proceedings,
In section 100F (additional rights of access for members) subsections (2) to (4) shall not have effect in relation to documents which contain material relating to any business to be transacted at the evidentiary proceedings.
In section 100H (supplemental provisions and offences) in subsection (6), in the definition of “accessible documents”—
the reference in paragraph (d) to a report for the meeting includes a reference to a relevant document; and
the reference in paragraph (e) to background papers for a report for a meeting shall be taken as a reference to any additional documents supplied by a witness.
The Secretary of State may issue guidance to the Authority with respect to ethical standards for—
the Mayor;
the Assembly members;
members of the Authority’s staff; and
persons not falling within paragraphs (a) to (c) above who are members of advisory committees or sub-committees of the Assembly.
The matters which may be dealt with in any such guidance include—
disclosure and registration of interests;
the exercise of functions by or on behalf of the Mayor, the Deputy Mayor, any member of the Assembly, any member of the Authority’s staff or any committee or sub-committee in cases where the Mayor, Deputy Mayor, member of the Assembly or member of staff, or a member of the committee or sub-committee, has an interest in the matter in question;
voting in cases where an Assembly member, or any other person who is a member of an advisory committee or sub-committee, has an interest in the matter in question;
the establishment and functions of one or more committees concerned with ethical standards;
the prescription of model codes of conduct.
In exercising any functions conferred or imposed on him, or made exercisable by him, the Mayor and every Assembly member shall have regard to any guidance issued under this section.
The Mayor may appoint—
not more than two persons as his political advisers; and
not more than ten other members of staff.
The Assembly, after consultation with the Mayor and taking into account, in particular,— may appoint such staff as it considers necessary for the proper discharge of such functions of the Authority as are respectively exercisable by the Mayor, the Assembly, and the Mayor and Assembly acting jointly.
the manner in which, and the extent to which, the Mayor has exercised, or proposes to exercise, the powers conferred by subsection (1) above, and
any views of the Mayor as to the exercise of the Assembly’s powers under this subsection,
Any appointment under subsection (1) or (2) above is an appointment as an employee of the Authority.
No appointment under subsection (1) above shall be such as to extend beyond the term of office for which the Mayor was elected.
Where the Mayor makes an appointment under subsection (1) above, he shall report to the Assembly in writing—
the name of the person appointed,
the post to which the person has been appointed, and
the terms and conditions on which the person has been appointed.
Section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any appointment under subsection (1)(b) or (2) above as if the Authority were a local authority.
Section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to staff appointed under subsection (1) or (2) above as if the Authority were a relevant authority.
Section 9(1), (9) and (11) of that Act (assistants for political groups) shall apply in relation to any appointment under subsection (1)(a) above as if—
the Authority were a relevant authority; and
any appointment to either of the posts in question were the appointment of a person in pursuance of that section.
The following provisions of the Local Government and Housing Act 1989, namely— shall have effect as if each of the bodies specified in subsection (2) below were a local authority.
section 1 (disqualification and political restriction of certain officers and staff), and
sections 2 and 3 (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of that section,
The bodies are—
the Authority;
Transport for London;
the London Development Agency.
A person employed by the Authority by virtue of his appointment under section 67(1)(b) above shall not, by virtue only of subsections (1) and (2) above, be disqualified from being or becoming an unpaid member of Transport for London or the London Development Agency.
For the purposes of subsection (3) above, the unpaid members of any body are those members of the body who do not receive any remuneration (whether from the body, the Authority or any other source) which they would not receive if they were not members of the body.
In section 2(3) of that Act, as it has effect in relation to the Authority by virtue of subsections (1) and (2)(a) above, any reference to the authority shall be taken to include a reference to the Mayor and a reference to the Assembly.
In section 2 of that Act, so far as it has effect for the purposes of section 1 of that Act, the expression “the statutory chief officers” shall be taken to include a reference to the chief finance officer, within the meaning of section 127 below,— whether he is an officer, employee, member of staff or member of Transport for London or, as the case may be, the London Development Agency.
of Transport for London, and
of the London Development Agency,
In the application of section 2 of that Act in relation to the London Development Agency by virtue of subsections (1) and (2)(c) above, any reference to the person designated under section 4 of that Act as its head of paid service shall be taken as a reference to the chief executive of the London Development Agency appointed under paragraph 4(2) of Schedule 2 to the Regional Development Agencies Act 1998.
In section 80 of the Local Government Act 1972 (disqualification for election and holding office as member of a local authority) after subsection (2) there shall be inserted—
A person appointed under section 67(1) above shall be employed on such terms and conditions (including conditions as to remuneration) as the Mayor thinks fit, within the financial resources available to the Authority.
A person appointed under section 67(2) above shall be employed on such terms and conditions (including conditions as to remuneration) as the Assembly, after consultation with the Mayor, thinks fit.
A person appointed under section 67(1) above shall not be required to perform any work or services for the Assembly or any member of the Assembly, except in accordance with subsection (4) below.
It shall be a condition of the employment of— that he comply with the requirements of subsection (5) below.
any person appointed under section 67(1)(b) above, and
any person holding a politically restricted post under the Authority, other than a person appointed under section 67(1)(a) above,
Those requirements are that the person—
attends every meeting of the Assembly held pursuant to section 52(3) above which he is requested by the Assembly to attend; and
answers any questions put to him by Assembly members at any such meeting.
The requirement of subsection (5)(b) above is that the person shall—
so far as reasonably practicable, answer any such question orally at the meeting at which it is put; or
if for any reason it is not reasonably practicable to do that, provide a written answer before the end of the third working day following the day on which the question was first asked at the meeting.
For the purposes of subsection (4)(b) above, any question whether a person holds a politically restricted post under the Authority shall be determined in accordance with sections 2 and 3 of the Local Government and Housing Act 1989 (politically restricted posts) as those sections have effect for the purposes of section 1 of that Act by virtue of section 68(1) above.
In this section “working day” has the same meaning as in section 45 above.
Section 117 of the Local Government Act 1972 (disclosure by officers of interests in contracts) shall apply in relation to employees of the Authority as if the Authority were a local authority and its employees were officers employed by that local authority.
Section 4 of the Local Government and Housing Act 1989 (designation and reports of head of paid service) shall apply in relation to the Authority as if—
the Authority were a relevant authority for the purposes of that section; and
the Mayor and Assembly members were the members of that authority.
The person who, by virtue of subsection (1) above, is designated under section 4(1)(a) of the Local Government and Housing Act 1989 as the head of the Authority’s paid service must be a member of staff appointed under section 67(2) above.
In the application of section 4 of the Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1) above, the following provisions shall have effect.
The duty imposed by subsection (1)(a) (appointment of head of paid service) shall be discharged by the Assembly after consultation with the Mayor.
The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the head of paid service)—
so far as relating to the provision of staff, shall be discharged by the Assembly; and
so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.
Any report prepared under subsection (2) (report by head of paid service) shall be a report to the Mayor and the Assembly.
The references to functions in paragraphs (a) and (b) of subsection (3) (matters concerning which proposals may be made in a report under subsection (2)) shall be taken as references to the functions of the Authority, whether exercisable by the Mayor, the Assembly, or the Mayor and Assembly acting jointly.
It shall be the duty of the Mayor personally to consider any report to the Mayor and Assembly under subsection (2).
The meeting required by subsection (5) to be held to consider any such report shall be a meeting of the Assembly which must not be held until— and the reference in that subsection to section 101 of the Local Government Act 1972 (delegation) shall be taken as a reference to section 54 above.
the Mayor has submitted to the Chair of the Assembly a written statement of his views on the report; or
the period of one month has elapsed since copies of the report were first sent to members of the Assembly without the Mayor having submitted any such statement;
In considering any such report at any such meeting, the Assembly shall take account of any views on the report which have been expressed by the Mayor in a statement submitted under subsection (9)(a) above.
Section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) shall apply in relation to the Authority as if—
the Authority were a relevant authority for the purposes of that section; and
the Mayor and Assembly members were the members of that authority.
The person who, by virtue of subsection (1) above, is designated under section 5(1)(a) of the Local Government and Housing Act 1989 as the Authority’s monitoring officer must be a member of staff appointed under section 67(2) above.
In the application of section 5 of the Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1) above, the following provisions shall have effect.
The duty imposed by subsection (1)(a) (appointment of monitoring officer) shall be discharged by the Assembly after consultation with the Mayor.
The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the monitoring officer)—
so far as relating to the provision of staff, shall be discharged by the Assembly; and
so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.
For subsection (2) there shall be substituted—
The duties imposed on the Authority by subsection (5) (to consider any report and to ensure that during the period of suspension no step is taken for giving effect to any proposal or decision to which the report relates)—
so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor (or, by virtue of an authorisation under section 38(1) above, by a GLA body or person), shall be discharged by the Mayor;
so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Assembly (or, by virtue of arrangements under section 54 above, by a GLA body or person), shall be discharged by the Assembly; and
so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor and the Assembly acting jointly, shall be discharged separately—
by the Mayor, as if the case fell within paragraph (a) above, and
by the Assembly, as if the case fell within paragraph (b) above.
Accordingly—
in its application in relation to the Mayor by virtue of subsection (7)(a) or (c)(i) above, paragraph (a) of subsection (5) shall have effect with the substitution for the words “at a meeting held not more than” of “within”; and
in the application of that paragraph by virtue of subsection (7)(b) or (c)(ii) above, the meeting required to be held shall be a meeting of the Assembly.
In paragraph (b) of subsection (5), the reference to section 115 of the Local Government and Housing Act 1989 (duties in respect of conduct involving contraventions of financial obligations) shall include a reference to section 115A of that Act (which is inserted by section 131(9) below and makes provision in relation to the Mayor and the Assembly).
Where by virtue of subsection (7) above the Mayor or the Assembly is under a duty to consider a report, the Mayor or the Assembly in discharging that duty shall take account of any views on the report which have been expressed by the other of them in a statement submitted—
by the Assembly to the Mayor; or
by the Mayor to the Chair of the Assembly.
Standing orders of the Authority shall make provision for or in connection with—
the period within which any statement by virtue of subsection (10) above must be submitted;
the consideration of any such statement by the Mayor or, as the case may be, the Assembly;
the period within which any meeting of the Assembly required by subsection (5) by virtue of subsection (7)(b) or (c)(ii) above must, or must not, be held.
Neither section 38 above nor section 54 above shall apply in relation to the duty imposed on the Mayor or the Assembly by virtue of subsection (7) above to consider a report.
Part III of the Local Government Act 1974 (local government administration) shall be amended as follows.
In section 25(1) (authorities to which the Part applies) after paragraph (a) there shall be inserted—.
In section 25, after subsection (4) (which extends references to certain authorities to include their members, committees, etc) there shall be inserted—
In section 30 (reports on investigations) after subsection (2) there shall be inserted—
After subsection (3) of that section (which restricts the naming or identification of persons) there shall be inserted—
After subsection (7) of that section there shall be added—
In section 31 (reports on investigations: further provisions) after subsection (3) there shall be added—
In section 31A (consideration of adverse reports) in subsection (6) (which provides that section 25(4) and (5) do not apply) after “25(4)” there shall be inserted “, (4A)”.
After subsection (6) of that section there shall be inserted—
In section 34(1) (interpretation of Part III) in the definition of “member”, after the word ““member”,” there shall be inserted—; and before the words “in relation to a National Park Authority” there shall be inserted “(c)”.
For the purposes of the provisions of the Local Government Act 1972 specified in subsection (2) below, the Authority shall be treated as if it were a local authority which is a principal council and the Mayor shall be treated as if he were the chairman of such an authority.
The provisions are—
section 224 (arrangements by principal councils for custody of documents);
section 225 (deposit of documents with proper officer of authority etc);
section 228 (inspection of documents);
section 229 (photographic copies of documents);
section 230 (reports and returns);
section 231 (service of notices on local authorities etc);
section 232 (public notices);
section 233 (service of notices by local authorities);
section 234 (authentication of documents).
In the application of any enactment in relation to the Authority by virtue of subsection (1) above, any reference to the proper officer shall be taken as a reference to the proper officer of the Authority, within the meaning of this Act.
Section 236 of the Local Government Act 1972 (procedure for byelaws) shall be amended as follows.
In subsection (1) after “and to byelaws made by a local authority,” there shall be inserted “the Greater London Authority”.
After subsection (10A) there shall be inserted—
The Authority may—
promote a local Bill in Parliament for any purpose which is for the public benefit of the inhabitants of, or of any part of, Greater London; or
oppose any local Bill in Parliament which affects any such inhabitants.
Section 70 of the Local Government Act 1972 (prohibition on promoting Bills for changing local government areas etc) shall have effect in relation to the Authority as it has effect in relation to a local authority.
The functions conferred on the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
The functions conferred on the Authority by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 5 to this Act.
Before exercising the functions conferred on the Authority by subsection (1)(b) above, the Mayor shall consult the Assembly.
No payment shall be made by the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) to the Mayor or an Assembly member for acting as counsel or agent in promoting or opposing a Bill under this section.
A London borough council or the Common Council may contribute towards the expenses of the Authority in promoting a local Bill in Parliament.
A local Bill promoted in Parliament by a London local authority may include provisions requested by the Authority.
Subsection (1) above applies only if the Authority confirms the request in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
If the Authority does not confirm the request as required by subsection (2) above, it shall give notice of that fact to the London local authority promoting the Bill.
Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested also by other London local authorities under section 87 of the Local Government Act 1985, of those provisions so far as relating to the Authority.
The functions conferred or imposed on the Authority by subsections (1) to (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Before exercising the functions conferred on the Authority by subsection (1) or (2) above, the Mayor shall consult the Assembly.
If, in accordance with this section, the Authority requests the inclusion of provisions in a Bill promoted by a London local authority, the Authority may contribute towards the expenses of the London local authority in connection with the Bill.
In consequence of the other provisions of this section, in section 87(3) of the Local Government Act 1985 (consequences of non-confirmation of requests by London local authorities for inclusion of provisions in Bills promoted by others) after “other councils” there shall be inserted “, or by the Greater London Authority under section 78 of the Greater London Authority Act 1999,”.
In this section “London local authority” means—
a London borough council; or
the Common Council.
A local Bill promoted in Parliament by a London local authority may include provisions which affect the exercise of statutory functions by the Authority or any of the functional bodies.
Subsection (1) above applies only if the Authority—
gives its written consent; and
confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to the London local authority promoting the Bill.
Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested by other London local authorities under section 87 of the Local Government Act 1985, of those provisions so far as relating to the Authority or the functional body concerned.
The functions conferred or imposed on the Authority by subsections (2) and (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Before exercising the functions conferred on the Authority by subsection (2)(a) or (b) above, the Mayor shall consult the Assembly.
Nothing in this section applies in relation to provisions requested under section 78 above.
In this section “London local authority” means—
a London borough council; or
the Common Council.
The Greater London Authority.
In section 30 of the Local Government Finance Act 1992 (amounts for different categories of dwellings) there shall be added at the end—
Section 39 of the Local Government Finance Act 1992 (precepting and precepted authorities) shall be amended as follows.
In subsection (1) (major precepting authorities) after paragraph (a) there shall be inserted—.
Paragraphs (e) and (f) of that subsection (which relate to the London Fire and Civil Defence Authority and the Receiver for the Metropolitan Police District) shall cease to have effect.
In section 40 of the Local Government Finance Act 1992 (issue of precepts by major precepting authorities) there shall be added at the end—
Section 42 of the Local Government Finance Act 1992 (substitute precepts) shall be amended as follows.
In subsection (1) (duty to issue substitute precepts on making of substitute calculations under certain provisions specified in paragraph (b)) in paragraph (b), after “section 51 below” there shall be inserted “or section 95 of the Greater London Authority Act 1999”.
Section 43 of the Local Government Finance Act 1992 shall not apply in relation to the Authority, and the following provisions of this section and section 86 below shall have effect in relation to the Authority in place of that section.
In relation to each financial year, the Authority shall make the calculations required by this section.
The Authority must, in the case of each constituent body, that is to say— calculate the aggregates required by virtue of subsections (4) and (5) below.
the Authority, and
each of the functional bodies,
The aggregate required by virtue of this subsection in the case of a constituent body is the aggregate of—
the expenditure the Authority estimates the body will incur in the year in performing its functions and will charge to a revenue account for the year, other than expenditure which the Authority estimates will be so incurred in pursuance of regulations under section 99(3) of the 1988 Act;
such allowance as the Authority estimates will be appropriate for contingencies in relation to expenditure to be charged to a revenue account for the year;
the financial reserves which the Authority estimates it will be appropriate for the body to raise in the year for meeting the body’s estimated future expenditure; and
such of the body’s financial reserves as are sufficient to meet so much of the amount estimated by the Authority to be a revenue account deficit of the body for any earlier financial year as has not already been provided for.
The aggregate required by virtue of this subsection in the case of a constituent body is the aggregate of—
the sums which the Authority estimates will be payable to the body for the year and in respect of which amounts will be credited to a revenue account for the year, other than sums which the Authority estimates will be so payable—
in respect of redistributed non-domestic rates, revenue support grant, additional grant, relevant special grant, police grant or general GLA grant;
in respect of any precept issued by the Authority; or
in pursuance of regulations under section 99(3) of the Local Government Finance Act 1988; and
the amount of the body’s financial reserves which the Authority estimates that the body will use in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (4) above.
If, in the case of any constituent body, the aggregate calculated under subsection (4) above exceeds that calculated under subsection (5) above—
the Authority must calculate the amount equal to the difference; and
the amount so calculated shall be the body’s component budget requirement for the year.
If, in the case of any constituent body, the aggregate calculated under subsection (4) above does not exceed that calculated under subsection (5) above, the body’s component budget requirement for the year shall be nil.
The Authority must also calculate the aggregate of the component budget requirements of each of the constituent bodies and that aggregate shall be the Authority’s consolidated budget requirement for the year.
References in this section to expenditure incurred by a body shall be construed in accordance with section 41(3) of the Local Government and Housing Act 1989.
An amount must not be brought into account under subsection (4) or (5) of section 85 above in the application of the subsection in relation to the Authority as a constituent body if the amount (or an amount which represents it) falls to be brought into account under the same subsection in its application in relation to a functional body.
In estimating under subsection (4)(a) of section 85 above in the case of any constituent body other than the Metropolitan Police Authority, the Authority shall take into account the amount of any levy issued to the body for the year, but (except as provided by regulations under section 74 of the Local Government Finance Act 1988) shall not anticipate a levy not issued.
In estimating under subsection (4)(a) of section 85 above in the case of the Metropolitan Police Authority, the Authority shall take into account the amount of any levy issued to the Metropolitan Police Authority under section 17 or 62 of the Police Act 1997 (levies issued by the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad) for the year, but (except as provided by an order under either of those sections) shall not anticipate a levy not issued.
For the purposes of subsection (4)(c) of section 85 above a body’s estimated future expenditure is—
that which the Authority estimates the body will incur in the financial year following the year in question, will charge to a revenue account for the year and will have to defray in the year before the following sums are sufficiently available, namely, sums—
which will be payable to it for the year; and
in respect of which amounts will be credited to a revenue account for the year; and
that which the Authority estimates the body will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year.
The Secretary of State may by regulations do one or both of the following—
alter the constituents of any calculation to be made under subsection (4) or (5) of section 85 above (whether by adding, deleting or amending items);
alter the rules governing the making of any calculation under subsection (4) or (5) of section 85 above (whether by deleting or amending subsections (2) to (4) above, or any of them, or by adding other provisions, or by a combination of those methods).
Subsection (9) of section 85 above applies for the purposes of this section as it applies for the purposes of that section.
Schedule 6 to this Act (which contains procedural requirements for determining the component budget requirements and the consolidated budget requirement) shall have effect.
Section 44 of the Local Government Finance Act 1992 shall not apply in relation to the Authority and the following provisions of this section shall have effect in relation to the Authority in place of that section.
In relation to each financial year the Authority shall calculate the basic amount of its council tax by applying the formula— where— R is the amount calculated (or last calculated) by the Authority under section 85(8) above as its consolidated budget requirement for the year; P1 is the aggregate of such amounts as may be prescribed, being amounts representing the sums which the Secretary of State estimates will be payable to the Authority for the year in respect of the following items— redistributed non-domestic rates, revenue support grant, general GLA grant, additional grant, and relevant special grant, but in the case of each item reduced, as may be prescribed, by such amount as the Secretary of State considers represents the portion of the item which relates to defraying the special item in whole or in part; A is the amount of the special item; T is the aggregate of the amounts which are calculated by the billing authorities to which the Authority issues precepts (“the billing authorities concerned”) as their council tax bases for the year for their areas and are notified by them to the Authority within the prescribed period.
In the definition of P1 in subsection (2) above, “prescribed” means specified in, or determined in accordance with, either— as the Secretary of State may determine in the case of any particular item and any particular financial year or years.
the appropriate report or determination, or
regulations made by the Secretary of State,
In subsection (3)(a) above, “the appropriate report or determination” means—
in the case of an item specified in paragraph (a) or (b) of the definition of P1 in subsection (2) above, the local government finance report for the financial year in question;
in the case of the item specified in paragraph (c) of that definition, the determination under section 100 below for the financial year in question;
in the case of the item specified in paragraph (d) of that definition, the report under section 85 of the Local Government Finance Act 1988 relating to that item; and
in the case of the item specified in paragraph (e) of that definition, the report under section 88B of that Act relating to that item.
The aggregate of the sums mentioned in item P1 in subsection (2) above shall be—
increased by the aggregate amount of any sums which the Authority estimates will be paid to it in the year by billing authorities in accordance with regulations under section 99(3) of the Local Government Finance Act 1988; and
reduced by the aggregate amount of any sums which the Authority estimates will be paid by it in the year to billing authorities in accordance with such regulations.
The Secretary of State shall make regulations containing rules for making for any year the calculations required by item T in subsection (2) above; and the billing authorities concerned shall make the calculations for any year in accordance with the rules for the time being effective (as regards the year) under the regulations.
Regulations prescribing a period for the purposes of item T in subsection (2) above may provide that, in any case where a billing authority fails to notify its calculation to the precepting authority within that period, that item shall be determined in the prescribed manner by such authority or authorities as may be prescribed.
The Secretary of State may by regulations do one or both of the following—
alter the constituents of any calculation to be made under subsection (2) above (whether by adding, deleting or amending items);
alter the rules governing the making of any calculation under subsection (2) above (whether by deleting or amending subsections (3) to (5) above, or any of them, or by adding other provisions, or by a combination of those methods).
Any negative amount given by a calculation under subsection (2) above shall be assumed to be nil for the purposes of this Chapter and Chapter IV of Part I of the Local Government Finance Act 1992.
In this section “special item” has the same meaning as it has in section 89 below (see subsection (2) of that section).
Section 45 of the Local Government Finance Act 1992 shall not apply in relation to the Authority, and the following provisions of this section shall have effect in relation to the Authority in place of that section.
The following provisions of this section apply where for any financial year the item mentioned in section 90(2) below relates to a part only of Greater London; and in this section—
“special item” means that item; and
“the relevant part”, in relation to such an item, means the part of Greater London concerned.
The Authority shall calculate the basic amount of its council tax for dwellings in any part of its area to which the special item relates by adding to the amount given by the formula in section 88(2) above the amount which, in respect of the special item, is given by the formula in subsection (4) below.
For dwellings in any part of Greater London to which the special item relates, the amount in respect of the special item is given by the formula— where— S2 is the amount of the special item; P2 is the aggregate of such amounts as may be prescribed, being amounts representing the sums which the Secretary of State estimates will be payable to the Authority for the year in respect of the following items— police grant, redistributed non-domestic rates, revenue support grant, general GLA grant, additional grant, and relevant special grant, but in the case of each item restricted, as may be prescribed, to such amount (if any) as the Secretary of State considers represents the portion of the item which relates to defraying the special item in whole or in part; TP2 is the aggregate of the amounts which are calculated by the billing authorities to which the Authority has power to issue precepts as respects the special item (“the billing authorities concerned”) as their council tax bases for the year for their areas and are notified by them to the Authority within the prescribed period.
In the definition of P2 in subsection (4) above, “prescribed” means specified in, or determined in accordance with, either— as the Secretary of State may determine in the case of any particular item and any particular financial year or years.
the appropriate report or determination, or
regulations made by the Secretary of State,
In subsection (5)(a) above, “the appropriate report or determination” means—
in the case of the item specified in paragraph (a) of the definition of P2 in subsection (4) above, the police grant report under section 46(3) of the Police Act 1996 for the financial year in question;
in the case of an item specified in paragraph (b) or (c) of that definition, the local government finance report for the financial year in question;
in the case of the item specified in paragraph (d) of that definition, the determination under section 100 below for the financial year in question;
in the case of the item specified in paragraph (e) of that definition, the report under section 85 of the Local Government Finance Act 1988 relating to that item; and
in the case of the item specified in paragraph (f) of that definition, the report under section 88B of that Act relating to that item.
Subsections (6) and (7) of section 88 above, and any regulations made under or by virtue of either of those subsections, shall have effect in relation to the calculation of TP2 in subsection (4) above as they have effect in relation to the calculation of T in subsection (2) of that section.
Any negative amount given by a calculation under this section shall be assumed to be nil for the purposes of this Chapter and Chapter IV of Part I of the Local Government Finance Act 1992.
The Secretary of State may by regulations do one or both of the following—
alter the constituents of any calculation to be made under or by virtue of subsection (3) above (whether by adding, deleting or amending items);
alter the rules governing the making of any calculation under or by virtue of that subsection (whether by deleting or amending subsections (3) to (8) above, or any of them, or by adding other provisions, or by a combination of those methods).
The item referred to in section 89(2) above is the special expense of the Metropolitan Police Authority.
For the purposes of subsection (1) above, the special expense of the Metropolitan Police Authority is the difference between— unless the aggregate referred to in paragraph (a) above does not exceed the aggregate referred to in paragraph (b) above, in which case the special expense is nil.
the aggregate calculated (or last calculated) under subsection (4) of section 85 above in relation to the Metropolitan Police Authority, and
the amount calculated (or last calculated) under subsection (5) of that section in relation to that Authority,
For the purposes of section 89 above, the special item relates to the part of Greater London which consists of the metropolitan police district.
Section 46 of the Local Government Finance Act 1992 (special items for the purposes of section 45 of that Act) shall be amended as follows.
In subsection (2) (special expenses) paragraph (d) (which relates to inner London etc) shall cease to have effect.
In subsection (3) (areas to which special expenses relate) paragraph (d) (which relates to inner London etc) shall cease to have effect.
In subsection (4) (interpretation)— shall cease to have effect.
the definition of “inner London area”, and
the words from “and any reference” to the end of the subsection (which relate to parts of Greater London),
Section 47 of the Local Government Finance Act 1992 (calculation of tax for different valuation bands) shall be amended as follows.
After subsection (1) (which contains a formula and definitions of the terms used in the formula) there shall be inserted—
After subsection (2) there shall be inserted—.
Section 48 of the Local Government Finance Act 1992 (calculation of amount payable by each billing authority) shall be amended as follows.
In subsection (1) there shall be added at the end; and—
After subsection (1) there shall be inserted—
Section 49 of the Local Government Finance Act 1992 (substitute calculations) shall be amended as follows.
For subsection (1) (power to make substitute calculations) there shall be substituted—
In subsection (2) (cases where substitute calculations do not have effect)—
at the beginning of paragraph (a) there shall be inserted “in the case of a major precepting authority other than the Greater London Authority,”; and
after paragraph (a) there shall be inserted—.
in paragraph (b), after “fails to comply with subsection (3)” there shall be inserted “or (3A)”.
After subsection (3) (requirement to use previous values of T and TP) there shall be inserted—
After subsection (4) (permitted increases for the purposes of subsection (3)) there shall be inserted—
After subsection (5) (cases where previous calculations quashed for non-compliance with sections 43 to 48) there shall be inserted—
This section applies where the Authority— but it appears to the Secretary of State that the Metropolitan Police Authority, in order to restore or maintain an efficient and effective police force for its area, requires a greater component budget requirement than that previously calculated under section 85 above.
has made calculations in relation to a financial year in accordance with sections 85 to 90 above and sections 47 and 48 of the Local Government Finance Act 1992, or
has made substitute calculations in relation to a financial year in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act,
Where this section applies, the Secretary of State may direct the Authority that there must be a component budget requirement for the Metropolitan Police Authority for the year which is not less than such amount as may be specified in the direction.
The amount specified in a direction under subsection (2) above shall be that which the Secretary of State considers the minimum necessary in order for the Metropolitan Police Authority to restore or maintain an efficient and effective police force for its area.
Where a direction is given under this section, the Authority shall make calculations in substitution in relation to that year under subsections (4) to (7) of section 85 above in relation to—
the Metropolitan Police Authority alone; or
the Metropolitan Police Authority and one or more other constituent bodies.
If the result of the substitute calculations is such that— the Authority shall make calculations in substitution in relation to the year in accordance with those provisions.
there is an increase in the Authority’s consolidated budget requirement for the year, or
there is no such increase, but the results of calculations in substitution made in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of the Local Government Finance Act 1992 would be different from the last relevant calculations in relation to the year,
In subsection (5) above, “the last relevant calculations” means the last calculations made by the Authority in relation to the year in accordance with—
sections 85 to 90 above and sections 47 and 48 of the Local Government Finance Act 1992, or
sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act.
None of the substitute calculations shall have any effect if—
the amount calculated under section 85(6) or (7) above for the Metropolitan Police Authority is not in compliance with the direction; or
there is an increase in the Authority’s consolidated budget requirement for the year (as last calculated) which exceeds the minimum increase required to be made to the component budget requirement for the Metropolitan Police Authority (as last calculated for the year) to comply with the direction under subsection (2) above; or
in making substitute calculations under section 88(2) or 89(3) above, the Authority fails to comply with subsection (8) below.
In making substitute calculations under section 88(2) or 89(3) above, the Authority must use any amount determined in the previous calculations for item P1 or T in section 88(2) above or for item P2 or item TP2 in section 89(4) above.
For the purposes of subsection (8) above, the Authority may treat any amount determined in the previous calculations for item P1 in section 88(2) above or item P2 in section 89(4) above as increased by the relevant portion of any new additional grant.
For the purposes of subsection (9) above, “the relevant portion of any new additional grant” means the amount of any additional grant payable to the Authority for the year which was not taken into account by the Authority in making the previous calculations, but— and “special item” has the same meaning in this subsection as in sections 88 and 89 above (see section 89(2)).
in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part; and
in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part;
In subsection (10) above, “prescribed” means specified in, or determined in accordance with, either— as the Secretary of State may determine for the purposes of paragraph (a) or (b) of that subsection and any particular financial year or years.
the report under section 85 of the Local Government Finance Act 1988 relating to the amount of additional grant in question, or
regulations made by the Secretary of State under section 88(3)(b) above (in relation to item P1) or under section 89(5)(b) above (in relation to item P2),
Subsections (7)(c) and (8) above shall not apply if the previous calculations have been quashed because of a failure to comply with the appropriate Greater London provisions in making the calculations.
For the purposes of subsection (12) above, “the appropriate Greater London provisions” means—
in the case of calculations required to be made in accordance with sections 85 to 90 above and sections 47 and 48 of the Local Government Finance Act 1992, those provisions; and
in the case of calculations required to be made in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act, those provisions.
Any substitute calculations under this section shall be made in accordance with Schedule 7 to this Act.
The Authority must— before the end of the period of 35 days beginning with the day on which it receives the direction under section 95 above.
make the substitute calculations required by section 95 above, and
where applicable, issue any precepts in substitution required in consequence under section 42 of the Local Government Finance Act 1992,
If the Authority fails to comply with the requirements mentioned in paragraph (a) or (b) of subsection (1) above within the period mentioned in that subsection, any authority to which it has power to issue a precept shall have no power during the period of restriction to pay anything in respect of a precept issued by the Authority for the year.
For the purposes of subsection (2) above, the “period of restriction” is the period which—
begins at the end of the period mentioned in subsection (1) above; and
ends at the time (if any) when the Authority complies with the requirements mentioned in paragraphs (a) and (b) of subsection (1) above.
The following provisions of this section apply in relation to substitute calculations other than those made pursuant to section 95 above.
Subject to variation or revocation, a direction under section 95 above shall have effect in relation to any substitute calculations made under any enactment by the Authority—
in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of the Local Government Finance Act 1992;
in relation to the year to which the direction relates; and
at any time after the giving of the direction.
Where a direction under section 95 above has effect in relation to any substitute calculations by virtue of subsection (5) above, none of the calculations shall have any effect if the amount calculated under section 85(6) above for the Metropolitan Police Authority is not in compliance with the direction.
Where— the Authority may make calculations in substitution in relation to the year in accordance with those subsections.
the Authority has made calculations in accordance with subsections (4) to (7) of section 85 above (whether originally or by way of substitute), and
the Mayor is of the opinion that, because of an emergency or disaster involving destruction of or danger to life or property, it is appropriate to recalculate any component budget requirements,
None of the substitute calculations shall have any effect if they involve—
any change in the sums paid or to be paid to any of the functional bodies otherwise than out of the aggregate specified in subsection (2) of section 102 below; or
any change in the Authority’s consolidated budget requirement for the year.
Any substitute calculations under this section shall be made in accordance with Schedule 7 to this Act.
Schedule 7 to this Act (which contains procedural requirements for the making of substitute calculations by the Authority) shall have effect.
In this Part—
“advisory committee” and “advisory sub-committee”, in relation to the Assembly, shall be construed in accordance with section 55(4) and (5) above;
“the reconstitution day” means such day as the Secretary of State may by order appoint for the purpose.
For each financial year, the Secretary of State shall pay a grant (to be called “general GLA grant”) to the Authority.
The grant shall be paid for the purposes of the Authority and the functional bodies.
For each financial year the Secretary of State shall make a determination under this section.
A determination shall state the amount of the grant for the year.
Before making a determination, the Secretary of State shall consult the Mayor.
The grant shall be paid in such instalments or such amounts and at such times as the Secretary of State may, with the Treasury’s consent, determine.
For each financial year, the Secretary of State shall pay a grant (to be called “GLA transport grant”) to the Authority.
The grant shall be paid for the purposes of Transport for London.
For each financial year the Secretary of State, after consultation with the Mayor, shall make a determination stating the amount of the grant for the year.
The grant shall be paid in such instalments or such amounts and at such times as the Secretary of State may, with the Treasury’s consent, determine.
The amount of the grant, or any terms relating to payment of the grant, may be varied from time to time by the Secretary of State after consultation with the Mayor.
For each financial year, it shall be the duty of the Authority to pay to each functional body, out of the aggregate specified in subsection (2) below, the amount required by the body out of that aggregate in accordance with the calculations (or last calculations) under section 85(4) to (7) of this Act.
The aggregate mentioned in subsection (1) above is the aggregate of the sums received by the Authority for the financial year in respect of—
revenue support grant;
additional grant;
relevant special grant;
general GLA grant;
redistributed non-domestic rates;
any precept issued by the Authority; and
payments to the Authority by billing authorities in accordance with regulations under section 99(3) of the Local Government Finance Act 1988.
The payments required by subsection (1) above shall be made by instalments during the financial year in question.
The instalments to be paid under subsection (3) above to a functional body shall be payments of such amounts, and shall be payable at such times, as will enable the body to meet its budgeted expenditure for the year as it falls due.
It shall be the duty of the Authority to pay instalments under subsection (3) above punctually.
In the application of subsection (4) above in relation to a functional body, “budgeted expenditure” means expenditure which, in accordance with the calculations (or last calculations) made under section 85(4) to (7) above, the body is to meet out of payments by way of instalments under this section.
If an overpayment is made to a functional body in respect of the sums payable to it by virtue of this section, the functional body shall, in accordance with any directions given to it for the purpose by the Mayor, make at such times and in such manner as may be specified in the directions such payments to the Authority by way of repayment as may be so specified.
In this section “relevant special grant” has the meaning given by section 32(12) of the Local Government Finance Act 1992.
Where the Authority receives any grant or other payment made only for the purposes, or particular purposes, of a functional body, the Authority shall forthwith account for the grant or other payment to the functional body concerned and pay it over to that body.
Subsection (1) above does not apply in relation to any sum received in respect of an item which falls within any of the paragraphs of subsection (2) of section 102 above.
Section 155 of the Local Government and Housing Act 1989 (emergency financial assistance to local authorities) shall be amended as follows.
After subsection (1) (local authority incurring expenditure as result of emergency or disaster) there shall be inserted—
In subsection (4) (local authorities in England and Wales to which the section applies)—
after paragraph (b) there shall be inserted—;
at the end of paragraph (eb) there shall be inserted “or”; and
paragraph (f) (Receiver for the Metropolitan Police District) shall cease to have effect.
Section 74 of the Local Government Finance Act 1988 (levies) shall be amended as follows.
In subsection (4) (which enables regulations to include provision permitting anticipation of levies under the section in the making of certain calculations) after paragraph (b) there shall be inserted—.
Section 91 of the Local Government Finance Act 1988 (general funds) shall be amended as follows.
In subsection (1) (which specifies the relevant authorities) after paragraph (aa) there shall be inserted—.
In subsection (3) (general fund to be established on 1 April 1990, subject to subsection (3A)) for “subsection (3A)” there shall be substituted “subsections (3A) and (3C)”.
After subsection (3B) there shall be inserted—
In section 143 of the Local Government Finance Act 1988 (regulations and orders) in subsection (5) (exceptions from Parliamentary procedure) after “regulations under section 75” there shall be inserted “, 91(3C)”.
Section 66 of the Local Government Finance Act 1992 (matters which are not to be questioned except on judicial review) shall be amended as follows.
In subsection (2) (which specifies the matters) after paragraph (c) there shall be inserted—.
Section 67 of the Local Government Finance Act 1992 (functions to be discharged only by the authority) shall be amended as follows.
In subsection (1) (functions to be discharged only by authority, subject to subsection (3)) for “subsection (3)” there shall be substituted “subsections (3) and (3A)”.
In subsection (2) (which specifies the functions) after paragraph (b) there shall be inserted—.
In subsection (3) (functions which may be exercised by a committee) at the beginning there shall be inserted “Subject to subsection (3B) below,”.
After subsection (3) there shall be inserted—
In section 168 of the Local Government Act 1972 (local financial returns) in subsection (5) (which defines local authority for the purposes of the section) the word “and” at the end of paragraph (b) shall be omitted and after paragraph (c) there shall be added; and
In section 139A of the Local Government Finance Act 1988 (information) in subsection (5) (which defines the relevant authorities) after paragraph (b) there shall be inserted—
Section 68 of the Local Government Finance Act 1992 (information required for purposes of Part I of that Act by Secretary of State from relevant authority or relevant officer) shall be amended as follows.
In subsection (1)(b), after “this Part” there shall be inserted “or Part III of the Greater London Authority Act 1999”.
In subsection (3) (failure of authority or officer to comply) after “this Part” there shall be inserted “or Part III of the Greater London Authority Act 1999”.
In subsection (5), in the definition of “relevant authority” after “means” there shall be inserted “(a)” and after “precepting authority;” there shall be insertedor.
A functional body shall, at the request of the Mayor or the Assembly, provide the Authority with such information relating to the financial affairs of the body as may be specified or described in the request.
The information shall be provided in such form and manner, and within such time, as may be specified in the request.
The information that may be requested under subsection (1) above is such information as may be required for the purpose of any functions exercisable by the Mayor or the Assembly.
The information that may be requested under subsection (1) above from a functional body includes—
information which the body has or can reasonably obtain; and
information about the body’s plans or proposals relating to the finances or expenditure of the body or of any company in which the body has an interest.
Section 39 of the Local Government and Housing Act 1989 (application of Part IV) shall be amended as follows.
In subsection (1) (which specifies the authorities with respect to whose finances the Part applies) after paragraph (b) there shall be inserted—.
In consequence of the amendment made by subsection (2) above, in subsection (1) the paragraph (bb) inserted after paragraph (a) by paragraph 88 of Schedule 16 to the Local Government (Wales) Act 1994 (county borough council) shall become paragraph (aa).
In subsection (3) (bodies which may be prescribed by regulations under subsection (1)(k)) at the end of paragraph (c) there shall be inserted “or”.
Sections 53 to 55 of the Local Government and Housing Act 1989 (basic and supplementary credit approvals and the criteria for issuing them) shall not apply in relation to the Authority or any of the functional bodies.
Sections 113 to 117 below shall apply in relation to the Authority and the functional bodies in place of the provisions mentioned in subsection (1) above.
Before the beginning of each financial year the Secretary of State shall issue to the Mayor, in the form of a notice in writing, a credit approval with respect to the credit arrangements and expenditure for capital purposes during that year of the Authority and each of the functional bodies.
The Secretary of State shall send to each of the functional bodies a copy of any credit approval issued under this section.
A credit approval issued under this section (an “aggregate credit approval”) may be nil but, subject to that, shall consist of such number of specified amounts of money, for such authorities or purposes, as the Secretary of State may determine.
Each amount so determined and specified by the Secretary of State must be an amount of a category described in subsection (5) below.
For the purposes of this Chapter—
a category A amount is an amount for a specified authority with respect to the authority’s credit arrangements and expenditure for capital purposes during the financial year for which the approval is given;
a category B amount is an amount for a specified authority with respect to the authority’s credit arrangements and expenditure for capital purposes of one or more specified descriptions during that year;
a category C amount is an amount with respect to credit arrangements and expenditure for capital purposes during that year for allocation by the Mayor to such one or more of the authorities, and in such proportions, as he may see fit, and for such purposes consisting of or comprised within those purposes as he may state in the notice of an allocation;
a category D amount is an amount with respect to credit arrangements and expenditure for capital purposes of one or more specified descriptions during that year for allocation by the Mayor to such one or more of the authorities, and in such proportions, as he may see fit, and for such purposes consisting of or comprised within those purposes as he may state in the notice of an allocation.
In this section—
Transport for London;
Any Minister of the Crown may at any time issue to the Mayor, in the form of a notice in writing, a credit approval with respect to credit arrangements and expenditure for capital purposes.
A credit approval issued under this section (an “additional credit approval”) shall have effect for such period as is specified in the approval.
Where an additional credit approval is issued not more than six months after the end of a financial year, the period specified under subsection (2) above may be one which begins, or begins and ends, at any time during that financial year.
Subsections (2) to (6) of section 113 above shall apply in relation to an additional credit approval as they apply in relation to an aggregate credit approval, but taking—
any reference to the Secretary of State as a reference to the Minister of the Crown issuing the approval, and
any reference to the financial year for which the approval is given as a reference to the period for which the approval has effect.
Where the Mayor makes an allocation from a category C or D amount— he shall give notice of the allocation to each of the functional bodies.
under an aggregate credit approval, to the Authority, or
under an additional credit approval, to the Authority or a functional body,
Where the Mayor makes an allocation to a functional body from a category C or D amount under an aggregate credit approval, notice of the allocation shall be given to each of the functional bodies by including a statement of the amount so allocated (together with a statement of the purposes for which the amount is allocated) in section B of the capital spending plan, pursuant to section 122(4)(d) below.
In the other provisions of this Chapter, any reference to notice of an allocation from a category C or D amount is a reference to the notice of the allocation given in accordance with subsection (1) or (2) above.
Where regulations made by the Secretary of State so require, an aggregate credit approval or an additional credit approval shall specify, directly or by reference to tables or other documents specified in the approval, an amortisation period.
In this section “amortisation period” means a period during which a relevant authority is required to set aside, from a revenue account, as provision to meet credit liabilities, such amounts as may be appropriately determined.
If regulations under subsection (1) above so provide, an aggregate credit approval or an additional credit approval may specify—
different amortisation periods in relation to the use of the approval in respect of credit arrangements and expenditure for capital purposes of different descriptions; or
different amortisation periods in relation to different amounts specified in the approval.
Subsection (1) above does not apply in relation to a category B credit approval issued in respect of expenditure which is treated as expenditure for capital purposes of a relevant authority by virtue only of directions under section 40(6) of the Local Government and Housing Act 1989.
But the Secretary of State or other Minister issuing a category B credit approval may specify in the approval, directly or by reference to tables or other documents specified in the approval, an amortisation period in respect of such expenditure as is mentioned in subsection (4) above.
In subsection (2) above, “appropriately determined” means—
in its application for the purposes of subsection (1) above, determined in accordance with regulations under that subsection; and
in its application for the purposes of subsection (5) above, determined in accordance with the approval.
In this section—
“notice”, in relation to an allocation from a category C or D amount, shall be construed in accordance with section 115(3) above;
“levying power” means a power to make a levy conferred by or under any Act other than the Local Government Finance Act 1988 (at the passing of this Act, the power conferred by article 4 of the London Government Reorganisation (Pensions etc.) Order 1989);
“air navigation services” shall be construed in accordance with that subsection;
the date when this section comes into force if on that date the landing place has been transferred to a transferee, or
“Trafalgar Square” has the same meaning as in the Trafalgar Square Act 1844;
“PPP lease” has the meaning given by section 218 above;
“notify” means notify in writing;
In determining any amount to be specified in an aggregate credit approval or an additional credit approval, the Secretary of State or other Minister may have regard, subject to the following provisions of this section, to such factors as appear to him to be appropriate.
Without prejudice to the generality of subsection (1) above, the Secretary of State or other Minister may, in particular, have regard—
to the amount of any grants or contributions which it appears to him that a relevant authority has received and is likely to receive from any person in respect of expenditure incurred by the authority or to be incurred by the authority before the expiry of the period for which the credit approval is to have effect; and
subject to subsection (3) below, to the amount of capital receipts which it appears to him that any relevant authority has received, might reasonably be expected to have received or to receive or is likely to receive before the expiry of the period for which the credit approval is to have effect.
In determining any amount to be specified in an aggregate credit approval or an additional credit approval, the Secretary of State or other Minister shall not take account of capital receipts—
to the extent that a relevant authority is required to set aside the receipts as provision for credit liabilities;
to the extent that they are received as mentioned in subsection (7) of section 59 of the Local Government and Housing Act 1989; or
to the extent that their amount falls to be treated as reduced for any purpose under subsection (8) or (9) of that section.
In determining any amount to be specified in the aggregate credit approval or in an additional credit approval to be issued to the Mayor in any financial year, the Secretary of State or other Minister shall not take account of the extent to which it appears to him that any relevant authority is, or is likely to be, in a position to finance expenditure for capital purposes from a revenue account.
In this section “relevant authority”, in the case of any credit approval, means—
as respects a category A or B amount, the authority for which the amount is to be specified, and
as respects a category C or D amount, any authority to which an allocation from that amount may be made by the Mayor in accordance with the approval.
Where a category A or B amount is specified for an authority in an aggregate credit approval or an additional credit approval, so much of the approval as relates to that amount shall be treated for the purposes of Part IV of the Local Government and Housing Act 1989 (other than sections 53 to 55) as a credit approval issued to that authority under that Part.
Where an allocation from a category C or D amount specified in an aggregate credit approval or an additional credit approval is made by the Mayor— the notice of the allocation (read with so much of the credit approval as relates to the allocation) shall be treated for the purposes of Part IV of the Local Government and Housing Act 1989 (other than sections 53 to 55) as a credit approval issued under that Part to the Authority or, as the case may be, to the functional body.
to the Authority, or
to a functional body,
Section 56 of the Local Government and Housing Act 1989 (use of basic credit approvals and supplementary credit approvals) shall apply in relation to a credit approval treated by virtue of subsection (1) or (2) above as issued under Part IV of that Act as it applies in relation to a basic credit approval or a supplementary credit approval.
Any reference in this Chapter to the use of an aggregate credit approval or an additional credit approval is a reference to the use, under Part IV of the Local Government and Housing Act 1989 or any other enactment, of any credit approvals treated as issued under that Part by virtue of the application of subsection (1) or (2) above in relation to the aggregate credit approval or, as the case may be, the additional credit approval (and related expressions shall be construed accordingly).
The Secretary of State may make regulations for and in connection with conferring on the Mayor power to direct any functional body to pay to the Authority such percentage as may be specified in the direction of so much of the usable part of the body’s capital receipts as may be so specified.
The power conferred on the Mayor must be exercisable only for the purpose of enabling the amount paid under such a direction (the “relevant amount”) to be applied towards meeting expenditure for capital purposes of another functional body or of the Authority (“the assisted body”).
The provision that may be made by regulations under subsection (1) above includes provision—
with respect to the percentage or maximum percentage that may be specified in a direction;
with respect to the portion of the usable part of a functional body’s capital receipts in respect of which a direction may be issued;
requiring a direction to be complied with before the expiration of a prescribed period;
requiring the Mayor, within such time or in such manner as may be prescribed, to notify the functional bodies of decisions taken with respect to the exercise of powers conferred by the regulations;
for and in connection with enabling the Mayor to permit the relevant amount to be applied towards meeting expenditure for capital purposes of the assisted body generally or to require it to be applied towards meeting only such expenditure of a particular description;
for and in connection with treating the whole or a prescribed part of the relevant amount as added to the usable part of the capital receipts of the assisted body, for the purposes of Part IV of the Local Government and Housing Act 1989;
for and in connection with requiring an assisted body to apply the relevant amount only for the purposes for which it was paid to the body.
In this section “prescribed” means prescribed by regulations.
The Authority may pay grants towards meeting expenditure for capital purposes incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body.
A functional body may, with the consent of the Mayor, pay a grant towards meeting expenditure for capital purposes incurred or to be incurred by another functional body, or by the Authority, for the purposes of, or in connection with, the discharge of the functions of the body to which the grant is made.
A grant under this section must not be made subject to any limitation in respect of the expenditure for capital purposes which it may be applied towards meeting.
A grant under this section must be applied by the recipient body solely towards meeting expenditure for capital purposes incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions.
The Authority may pay grants towards meeting expenditure, other than expenditure for capital purposes, incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body.
A functional body may, with the consent of the Mayor, pay a grant towards meeting expenditure, other than expenditure for capital purposes, incurred or to be incurred by another functional body, or by the Authority, for the purposes of, or in connection with, the discharge of the functions of the body to which the grant is made.
A grant under this section must not be made subject to any limitation in respect of the expenditure which it may be applied towards meeting (other than that the expenditure must not be expenditure for capital purposes).
A grant under this section must be applied by the recipient body solely towards meeting expenditure incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions, other than expenditure for capital purposes.
The Mayor shall, in accordance with the following provisions of this section and sections 123 and 124 below, prepare for each financial year a capital spending plan for the functional bodies.
A capital spending plan shall consist of the sections described in subsections (3) to (6) below.
Section A of a capital spending plan shall consist of a statement for each functional body of the Mayor’s estimates of the following amounts—
the total amount of capital grants likely to be paid to the body during the year by any person other than the Authority;
the amount, at the beginning of the year, of the usable part of the body’s capital receipts; and
the amount by which the usable part of the body’s capital receipts is likely to be increased by capital receipts which it appears to the Mayor the functional body might reasonably be expected to receive, or is likely to receive, during the year.
Section B of a capital spending plan shall consist of a statement for each functional body of the following amounts—
if the Mayor has decided a minimum amount of grant which the Authority is to pay to the body for the year under section 120(1) above, that minimum amount;
the total amount of category A amounts specified for the body in the aggregate credit approval for the year;
the total amount of category B amounts specified for the body in the aggregate credit approval for the year; and
each amount which the Mayor has decided to allocate to the body out of the category C and D amounts specified in the aggregate credit approval for the year (together with a statement of the purposes for which the amount is allocated).
Section C of a capital spending plan shall consist of a statement for each functional body of the total of the following amounts— and in this section the total of those amounts is referred to as the body’s “total capital spending” for the year.
the total amount of expenditure for capital purposes which the Mayor expects the body to incur during the year; and
the total amount of credit cover which the Mayor expects the body to have available under sections 50(2) and 51(4) of the Local Government and Housing Act 1989 with respect to credit arrangements entered into or varied during the year;
Section D of a capital spending plan shall consist of an analysis of each functional body’s total capital spending for the year showing—
the amount which the Mayor expects the body to meet out of capital grants;
the amount which he expects the body to meet out of the usable part of its capital receipts;
the amount which he expects the body to meet by using the aggregate credit approval for the year;
the amount which he expects the body to meet by making a charge to a revenue account.
After the Secretary of State has issued the aggregate credit approval for a financial year, the Mayor shall prepare a draft of the capital spending plan for the year.
Before 15th January in the financial year preceding that to which the capital spending plan relates, the Mayor shall—
send a copy of the draft to the Assembly and to each functional body; and
invite them to submit their comments on the draft to him in writing within 21 days.
Before finally determining the contents of the capital spending plan, the Mayor shall consider any comments submitted in accordance with the invitation under subsection (2)(b) above and make such revisions of the draft as he thinks fit, having regard to those comments.
Before 28th February in the financial year preceding that to which the capital spending plan relates, the Mayor shall—
send the plan to the Secretary of State; and
send a copy of the plan to the Assembly and to each functional body.
A copy of the capital spending plan 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.
A copy of the capital spending plan, or any part of it, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
In this section “the appropriate period” in the case of a capital spending plan is the period of six years beginning with the date of publication of that plan pursuant to this section.
In preparing a capital spending plan for any financial year, the Mayor may take account of such factors as appear to him to be appropriate.
The reference in subsection (1) above to preparing a capital spending plan for a financial year includes a reference to deciding, in the case of each of the functional bodies,—
the minimum amount of grant which the Authority is to pay to the body for the year under section 120 above; and
the amounts to be allocated to the body out of the category C and D amounts specified in the aggregate credit approval for the year.
Without prejudice to the generality of subsection (1) above, the Mayor may in particular take account of—
the capital spending plans for such financial years which have ended as he may determine; and
the amounts of each functional body’s total capital spending specified in section C of each of those plans which have been met as described in each of the paragraphs of subsection (4) below.
Those amounts are—
the amount met out of capital grants made to the body;
the amount met out of the usable part of the body’s capital receipts;
the amount met by using the aggregate credit approval or any additional credit approvals;
the amount met by making a charge to a revenue account.
The Mayor may serve on a functional body a notice requiring the body to supply to him such information as is specified in the notice and required by him for the purpose of deciding whether to exercise his powers, and how to perform his functions, under this Chapter.
If the information specified in a notice under this section is in the possession or under the control of the functional body on which the notice is served, the body shall supply the information required in such form and manner, and at such time, as is specified in the notice and, if the notice so requires, the information shall be certified (according as is specified in the notice) in one or both of the following ways—
by the chief finance officer of the body, within the meaning of section 127 below, or by such other person as may be specified in the notice; and
under arrangements made by the Audit Commission for Local Authorities and the National Health Service in England and Wales.
If a functional body fails to comply with subsection (2) above, the Mayor may decide— on the basis of such assumptions and estimates as he thinks fit.
whether to exercise his powers, and how to perform his functions, under this Chapter, or
whether the body has acted, or is likely to act, in accordance with this Chapter,
In deciding— the Mayor may also take into account any other information available to him, whatever its source and whether or not obtained under a provision contained in or made under this or any other enactment.
whether to exercise his powers, and how to perform his functions, under this Chapter, or
whether a functional body has acted, or is likely to act, in accordance with this Chapter,
In this Chapter, unless the context otherwise requires—
as respects any time on or after that date, Transport for London;
the operation of signals for controlling the movement of passenger trains otherwise than within a depot;
References in this Chapter to credit arrangements, or to entering into credit arrangements, shall be construed in accordance with Part IV of the Local Government and Housing Act 1989 (see section 48 of that Act).
In this section “relevant authority” means—
the Authority; or
a functional body.
Every relevant authority—
shall make arrangements for the proper administration of its financial affairs; and
shall secure that one of its officers (its “chief finance officer”) has responsibility for the administration of those affairs.
No person may be the chief finance officer of two or more relevant authorities at the same time.
In subsection (2)(b) above, the reference to officers includes a reference to employees or members of staff and, in the case of Transport for London and the London Development Agency, includes a reference to members of the relevant authority.
The chief finance officer of the Authority must be a member of staff appointed under section 67(2) above.
The function of appointing the Authority’s chief finance officer under subsection (2)(b) above shall be a function of the Authority which is exercisable on behalf of the Authority by the Assembly after consultation with the Mayor.
If the Mayor is a member of Transport for London, he must not be its chief finance officer.
In section 2 of the Local Government and Housing Act 1989 (politically restricted posts) in subsection (6)(d) (the effect of which is that the chief finance officer appointed under certain provisions is included among “the chief statutory officers” for the purposes of that section) after “section 112 of the Local Government Finance Act 1988” there shall be inserted “, section 127(2) of the Greater London Authority Act 1999”.
Section 111 of the Local Government Finance Act 1988 (interpretation of Part VIII (financial administration)) shall be amended as follows.
In subsection (2) (which specifies the bodies which are relevant authorities for the purposes of Part VIII) after paragraph (b) there shall be inserted—.
In subsection (3) (meaning of “1972 Act” etc) at the end there shall be added “and the 1999 Act is the Greater London Authority Act 1999”.
In section 113(1) of the Local Government Finance Act 1988 (requirements to be fulfilled by person having responsibility for administration of financial affairs under certain provisions) after “section 73 of the 1985 Act” there shall be inserted “, section 127 of the 1999 Act”.
Section 114 of the Local Government Finance Act 1988 (functions of responsible officer as regards reports) shall be amended as follows.
In subsection (1) (person having responsibility for administration of financial affairs under certain provisions to have functions as regards reports) after “section 73 of the 1985 Act” there shall be inserted “, section 127 of the 1999 Act”.
After subsection (3A) (preparation of report: duty to consult head of paid service and monitoring officer) there shall be inserted—
After subsection (4) (duty to send copy of report to each member of the authority etc) there shall be inserted—
Section 115 of the Local Government Finance Act 1988 (authority’s duties as regards reports) shall be amended as follows.
After subsection (1) there shall be inserted—
After subsection (3) there shall be inserted—
After subsection (4) (which prevents delegation under section 101(2) of the Local Government Act 1972) there shall be inserted—
After subsection (9) (the prohibition period) there shall be inserted—
In subsection (10) (immaterial for subsection (9)(b) that subsection (3) is not complied with) after “subsection (3) above” there shall be inserted “, or, where section 115A below applies, subsection (4) or (8) of that section,”.
In subsection (11) (nature of decisions at meeting immaterial for subsection (9)(b)) after “decisions made at the meeting” there shall be inserted “, or, where section 115A below applies, by the Mayor under subsection (6) of that section,”.
After subsection (12) there shall be added—
After section 115 of the Local Government Finance Act 1988 there shall be inserted—
Section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) shall be amended as follows.
In subsection (8) (interpretation) in the definition of “chief finance officer” after “Local Government Finance Act 1988” there shall be inserted “, section 127(2) of the Greater London Authority Act 1999”.
In Schedule 2 to the Audit Commission Act 1998 (accounts subject to audit) in paragraph 1 (bodies to whose accounts section 2 applies) after paragraph (b) there shall be inserted—.
Schedule 8 to this Act (which makes further amendments of the Audit Commission Act 1998) shall have effect.
For each financial year the Authority shall prepare a summary statement of accounts.
The summary statement of accounts shall be in respect of the Authority, the functional bodies and the London Pensions Fund Authority.
Subsection (1) above is without prejudice to any other duty of the Authority, a functional body or the London Pensions Fund Authority to prepare accounts or statements of accounts.
Section 14 of the Audit Commission Act 1998 (inspection of statements of accounts and auditors' reports) shall apply in relation to a summary statement of accounts required to be prepared under this section as it applies in relation to a statement of accounts prepared by the Authority under regulations under section 27 of that Act.
Sections 15 to 24 of the Audit Commission Act 1998 (public inspection etc and action by the auditor, and prevention of unlawful expenditure) shall not apply in relation to a summary statement of accounts required to be prepared under this section.
Section 27 of the Audit Commission Act 1998 (accounts and audit regulations) shall apply in relation to a summary statement of accounts required to be prepared under this section as it applies in relation to accounts or statements of accounts.
A body to which this section applies shall, at the request of the Mayor, provide the Authority with such information relating to any accounts or statement of accounts of the body as may be specified or described in the request.
The bodies to which this section applies are—
each of the functional bodies; and
the London Pensions Fund Authority.
The information shall be provided in such form and manner, and within such time, as may be specified in the request.
The information that may be requested under subsection (1) above is such information as may be required for the purpose of discharging the functions of the Authority under or by virtue of section 134 above.
In section 31(10)(a) of the Local Government Act 1999 (which refers to a provision of this Act which has since been renumbered) for “70(8)” there shall be substituted “85(8)”.
Schedule 9 to this Act (which contains amendments to the Local Government Finance Act 1992 correcting references to provisions of this Act which have since been renumbered) shall have effect.
Section 19 of the Local Government Finance Act 1992 (exclusion from Crown exemption in certain cases) shall be amended as follows.
In subsection (3) (which specifies the excluded bodies) after paragraph (b) there shall be inserted—.
Section 47 of the Local Government Finance Act 1988 (discretionary relief) shall be amended as follows.
In subsection (9) (which provides that a hereditament is an excepted hereditament, and accordingly not eligible for relief, if all or part of it is occupied by any body there mentioned) at the end of paragraph (b) (which relates to precepting authorities) there shall be added; or.
In Schedule 4 to the National Loans Act 1968 (which specifies the bodies to which local loans may be made) in paragraph 1, in paragraph (a) of the definition of “local authority”, the word “and” immediately preceding sub-paragraph (iii) shall be omitted and after that sub-paragraph there shall be added; and.
In section 2 of the Public Works Loans Act 1965 (new form of local loan and automatic charge for securing it) in subsection (1) (which includes a definition of “relevant authority”) in paragraph (a), the word “and” immediately preceding sub-paragraph (iii) shall be omitted and after that sub-paragraph there shall be added; and.
The functions conferred or imposed on the Authority under or by virtue of this Part shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Subsection (1) above does not apply in relation to any function expressly conferred or imposed on the Assembly.
The Mayor shall develop and implement policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services to, from and within Greater London.
The powers of the Authority under this Part shall be exercised for the purpose of securing the provision of the transport facilities and services mentioned in subsection (1) above.
The transport facilities and services mentioned in subsection (1) above include facilities and services for pedestrians and are—
those required to meet the needs of persons living or working in, or visiting, Greater London, and
those required for the transportation of freight.
The Mayor shall prepare and publish a document to be known as the “transport strategy” containing—
his policies under section 141(1) above, and
his proposals for discharging the duty under section 141(2) above.
In addition to containing the proposals and policies required by subsection (1) above, the transport strategy—
shall contain the Mayor’s proposals for the provision of transport which is accessible to persons with mobility problems,
shall specify a timetable for the implementation of the proposals contained in the transport strategy by virtue of paragraph (a) above, and
may contain any other proposals which he considers appropriate.
Where the Mayor revises the transport strategy he shall publish it as revised.
In preparing or revising the transport strategy the Mayor shall consult— and this subsection is without prejudice to section 42 above.
the Disabled Persons Transport Advisory Committee, and
such other persons or bodies which represent the interests of persons with mobility problems as he considers it appropriate to consult;
In this Act, references to the transport strategy include, except where the context otherwise requires, a reference to the transport strategy as revised.
Where the Secretary of State considers that— he may direct the Mayor to make such revisions of the transport strategy in order to remove the inconsistency as may be specified in the direction.
the transport strategy (or any part of it) is inconsistent with national policies relating to transport, and
the inconsistency is detrimental to any area outside Greater London,
Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall revise the transport strategy in accordance with the direction.
In exercising any function— is to have regard to the transport strategy.
a London borough council,
the Common Council, and
any body or person exercising statutory functions in relation to Greater London or any part of Greater London,
The Mayor may issue guidance in writing about the implementation of the transport strategy to any council, body or person falling within subsection (1) above.
A council, body or person to whom guidance has been issued under subsection (2) above is to have regard to the guidance in exercising any function.
In exercising any functions in relation to the management of roads or traffic in a Royal Park in Greater London the Secretary of State shall have regard to the transport strategy.
In this section “Royal Park” means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).
As soon as reasonably practicable after the Mayor has published the transport strategy under section 142 above, each London borough council shall prepare a plan (a “local implementation plan”) containing its proposals for the implementation of the transport strategy in its area.
In preparing a local implementation plan under subsection (1) above, each London borough council shall consult—
the relevant Commissioner or, if the council considers it appropriate, both Commissioners,
Transport for London,
such organisations representative of disabled persons as the council considers appropriate,
each other London borough council whose area is, in the opinion of the council preparing the local implementation plan, likely to be affected by the plan, and
any other body or person required to be consulted under this section by virtue of a direction given to the council by the Mayor under section 153 below.
Each local implementation plan shall include—
a timetable for implementing the different proposals in the plan, and
the date by which all the proposals contained in the plan will be implemented.
For the purposes of this section and sections 146 to 153 below, the Common Council shall be treated as if it were a London borough council.
In subsection (2)(a) above, the “relevant Commissioner” means—
in relation to a local implementation plan prepared by the Common Council, the Commissioner of Police for the City of London, and
in relation to a local implementation plan prepared by a council other than the Common Council, the Commissioner of Police of the Metropolis.
Each London borough council shall submit its local implementation plan to the Mayor for his approval.
The Mayor may approve any local implementation plan submitted to him under subsection (1) above.
The Mayor shall not approve a local implementation plan submitted to him under subsection (1) above unless he considers—
that the local implementation plan is consistent with the transport strategy,
that the proposals contained in the local implementation plan are adequate for the purposes of the implementation of the transport strategy, and
that the timetable for implementing those proposals, and the date by which those proposals are to be implemented, are adequate for those purposes.
Where it appears to the Mayor that a London borough council has failed— the Mayor may issue to the council a direction under section 153 below requiring the council to do so within such period as the Mayor shall specify in the direction.
to prepare a local implementation plan in accordance with the requirements of section 145 above, or
to submit a local implementation plan to him for approval under section 146 above,
Where the Mayor has issued a direction of the kind mentioned in subsection (1) above, but the council has not complied with the direction within a reasonable time, the Mayor may prepare a local implementation plan on behalf of the council.
Where the Mayor refuses to approve under subsection (2) of section 146 above a local implementation plan, the London borough council which submitted the plan shall prepare a new local implementation plan and submit it to the Mayor under subsection (1) of that section, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.
Where the Mayor— the Mayor may prepare a local implementation plan on behalf of the council.
refuses to approve a local implementation plan under section 146 above, and
has served on the London borough council who prepared the local implementation plan a notice under subsection (3) above,
Where the Mayor prepares a local implementation plan on behalf of a London borough council, he shall in preparing the plan consult—
the council on whose behalf he is preparing the plan,
the relevant Commissioner or, if the Mayor considers it appropriate, both Commissioners,
Transport for London,
such organisations representative of disabled persons as the Mayor considers appropriate, and
each other London borough council whose area is in the opinion of the Mayor likely to be affected by the plan.
A local implementation plan prepared by the Mayor under this section shall include the matters required to be contained or included in the plan under section 145(1) and (3) above by a London borough council.
Where the Mayor prepares a local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.
In subsection (5)(b) above, the “relevant Commissioner” means—
in relation to a local implementation plan prepared on behalf of the Common Council, the Commissioner of Police for the City of London, and
in relation to a local implementation plan prepared on behalf of a council other than the Common Council, the Commissioner of Police of the Metropolis.
A London borough council may at any time prepare such revisions as it considers appropriate to the council’s local implementation plan.
Where the Mayor revises the transport strategy under section 41(2) above, each London borough council shall as soon as reasonably practicable after the Mayor has published the transport strategy as revised prepare such revisions to the council’s local implementation plan as it considers are necessary in order to implement that strategy in its area.
Where a London borough council considers that no revisions are required to be prepared under subsection (2) above the council shall notify the Mayor.
For the purposes of this section, the “local implementation plan”, in relation to any London borough council, means whichever of the following has been most recently approved, or as the case may be, prepared, by the Mayor, namely—
a local implementation plan prepared by the council and approved by the Mayor under section 146 above;
a local implementation plan, as proposed by the council to be revised, approved by the Mayor under that section; and
a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of the council.
In preparing any revisions under section 148 above a London borough council shall consult the bodies and persons required to be consulted under subsection (2) of section 145 above, taking the references in paragraph (d) of that subsection and in subsection (5) of that section to the local implementation plan as references to revisions under section 148 above.
Each local implementation plan as proposed to be revised shall include the matters specified in section 145(1) and (3) above.
The provisions of section 146 above shall apply to a London borough council’s local implementation plan as proposed to be revised as they apply to the council’s local implementation plan.
Where the Mayor has published the transport strategy as revised but it appears to the Mayor that a London borough council has failed— as the Mayor considers necessary in order to implement in the council’s area the transport strategy as revised, the Mayor may issue to the council a direction under section 153 below requiring the council to do so within such period as the Mayor shall specify in the direction.
to prepare such revisions to the council’s local implementation plan, or
to submit to him for approval such a local implementation plan as proposed to be revised,
Where the Mayor has issued a direction of the kind mentioned in subsection (1) above but the council has not complied with the direction within a reasonable time, the Mayor may prepare a revised local implementation plan on behalf of the council.
Where the Mayor refuses to approve under subsection (2) of section 146 above a local implementation plan as proposed to be revised, the London borough council which submitted the plan shall prepare new revisions and submit to the Mayor under subsection (1) of that section a new local implementation plan as proposed to be revised, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.
Where the Mayor— the Mayor may prepare a revised local implementation plan on behalf of the council.
refuses to approve under subsection (2) of section 146 above a local implementation plan as proposed to be revised, and
has served on the London borough council who submitted the plan a notice under subsection (3) above,
In preparing a revised local implementation plan the Mayor shall consult the bodies and persons required to be consulted under subsection (5) of section 147 above, taking the references in paragraphs (a) and (e) of that subsection and in subsection (8) of that section to a local implementation plan prepared on behalf of a London borough council as references to a revised local implementation plan prepared on behalf of such a council.
A revised local implementation plan prepared by the Mayor under this section shall include the matters specified in section 145(1) and (3) above.
Where the Mayor prepares a revised local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.
Where the Mayor has approved a local implementation plan, or a local implementation plan as proposed to be revised, submitted to him under section 146(1) above, the London borough council which submitted the plan—
shall implement the proposals contained in it in accordance with the timetable included by virtue of section 145(3)(a) above, or, as the case may be, section 149(2) above, and
shall implement all the proposals contained in it by the date included by virtue of section 145(3)(b) above, or, as the case may be, section 149(2) above.
Where the Mayor has prepared a local implementation plan or a revised local implementation plan on behalf of a London borough council under section 147 above, or, as the case may be, section 150 above, subsection (1) above shall apply in relation to the implementation by the council of the proposals contained in the plan as if the plan were a local implementation plan approved by the Mayor under section 146 above, or, as the case may be, a local implementation plan as proposed to be revised, approved by the Mayor u der that section.
Where the Mayor considers— he may, for the purposes of implementing the proposals contained in the local implementation plan, exercise on behalf of the council the powers that the council has in connection with the implementation of those proposals.
that a London borough council has failed, or is likely to fail, satisfactorily to implement any proposal contained in a local implementation plan as required by section 151(1)(a) above, or
that such a council has failed, or is likely to fail, to implement all such proposals as required by section 151(1)(b) above,
Subsection (1) above applies in relation to a local implementation plan, as proposed to be revised, approved by the Mayor under section 146 above as it applies to a local implementation plan approved by the Mayor under that section.
Where the Mayor considers that a London borough council has failed to comply with any direction issued by him under section 153 below, he may exercise on behalf of the council such of the powers of the council as are necessary for the purposes of ensuring that the direction is complied with.
Anything done by the Mayor in the exercise of powers conferred on him by virtue of this section shall be treated for all purposes as if it had been done by the London borough council on whose behalf he exercises the powers.
Where the Mayor proposes to exercise any of the powers of a London borough council by virtue of this section he may direct the council not to exercise those or any other powers, in such circumstances or in relation to such matters, as may be specified in the direction.
Where the Mayor issues a direction to a London borough council under subsection (5) above, the council shall comply with the direction.
Any reasonable expenses incurred by the Mayor in the exercise of the powers of a London borough council by virtue of this section shall be recoverable by him from the council as a civil debt.
The Mayor may issue to any London borough council—
general directions as to the manner in which it is to exercise its functions under sections 145 to 151 above, or
specific directions as to the manner in which it is to exercise those functions.
Directions issued by the Mayor under subsection (1) above may include in particular directions—
as to the timetable in accordance with which a local implementation plan or revisions to such a plan must be prepared,
as to the bodies or persons who must be consulted about a local implementation plan or revisions to such a plan,
as to the timetable mentioned in section 145(3)(a), 149(2) or 150(6) above,
as to the date mentioned in section 145(3)(b), 149(2) or 150(6) above,
as to the action required to be taken to implement the proposals contained in the local implementation plan in accordance with that timetable or by that date, or
as to the steps required to be taken to remove the effects of action which is incompatible with such proposals.
The reference in subsection (2)(e) above to the local implementation plan includes a reference to—
a local implementation plan, as proposed by a London borough council to be revised, approved by the Mayor under section 146 above; and
a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of a London borough council.
Where the Mayor issues a direction to a London borough council under subsection (1) above, the council shall comply with the direction.
There shall be a body corporate to be known as Transport for London.
Transport for London shall have the functions conferred or imposed on it by this Act, or made exercisable by it under this Act, and any reference in this Act to the functions of Transport for London includes a reference to any functions made exercisable by it under this Act.
Transport for London shall exercise its functions—
in accordance with such guidance or directions as may be issued to it by the Mayor under section 155(1) below,
for the purpose of facilitating the discharge by the Authority of the duties under section 141(1) and (2) above, and
for the purpose of securing or facilitating the implementation of the transport strategy.
Schedule 10 shall have effect with respect to Transport for London.
The Mayor may issue to Transport for London—
guidance as to the manner in which it is to exercise its functions,
general directions as to the manner in which it is to exercise its functions, or
specific directions as to the exercise of its functions.
Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction.
The guidance or directions which may be issued by the Mayor under subsection (1) above may include in particular guidance or directions as to the manner in which Transport for London—
is to perform any of its duties, or
is to conduct any legal proceedings.
Any guidance or directions issued under subsection (1) must be issued in writing and notified to such officer of Transport for London as it may from time to time nominate to the Mayor for the purpose.
Transport for London may form, promote and assist, or join with any other person in forming, promoting and assisting, a company for the purpose of—
carrying on any activities which Transport for London has power to carry on, or
carrying on such activities together with activities which Transport for London does not have power to carry on.
Transport for London may enter into and carry out agreements with any person for the carrying on by that person, whether as agent for Transport for London or otherwise, of any activities which Transport for London has power to carry on (and, in particular, with respect to the provision or financing of any public passenger transport services which Transport for London has power to provide).
Transport for London may also enter into and carry out an agreement with any person for the carrying on by that person (“the contractor”) of any activities which Transport for London does not have power to carry on if the agreement includes provision for one or more of the following, namely—
the carrying on by the contractor of such activities as are mentioned in subsection (2) above;
the provision by the contractor to Transport for London of services ancillary to the provision of public passenger transport services; and
the use by the contractor of land or other property owned by Transport for London, or transferred to the contractor by Transport for London, for the purposes of the agreement.
Where an agreement has been entered into under subsection (2) or (3) above, the powers conferred on Transport for London by that subsection include power to enter into and carry out other agreements with other persons for the purpose of—
fulfilling any condition which must be fulfilled before the agreement can have effect; or
satisfying any requirement imposed by or under the agreement.
Where— Transport for London may enter into arrangements with that company or person for the transfer from Transport for London to that company or person, in such manner and on such terms (including payments by any of the parties to the arrangements to any of the other parties) as may be provided for by the arrangements, of any property, rights or liabilities of Transport for London relevant to the purpose for which the company was formed or (as the case may be) to the performance by that person of his obligatio s under the agreement.
a company has been formed in the exercise of the powers conferred by subsection (1) above (whether by Transport for London alone or by Transport for London jointly with some other person); or
Transport for London has entered into an agreement with any person in exercise of its powers under subsection (2) or (3) above;
Without prejudice to section 173(1) or 176 below, Transport for London shall have power to enter into and carry out agreements with— providing for Transport for London to give assistance to the other party to the agreement by making available to that party any services, amenities or facilities provided by, or any works or land or other property belonging to, Transport for London, on such terms (including the reciprocal provision by that other party of similar assistance for Transport for London) as may be agreed between them.
any of its subsidiaries; or
any person with whom it has entered into an agreement by virtue of subsection (2) or (3) above,
The power of Transport for London under subsection (2) or (3) above to enter into an agreement as there mentioned is exercisable notwithstanding that the agreement involves the delegation of the functions of Transport for London under any enactment relating to any part of its undertaking.
Schedule 11 to this Act shall have effect for conferring further powers on Transport for London for the purpose of the discharge by Transport for London of any of its functions and with respect to the other matters there mentioned.
The Secretary of State may by order made with the consent of the Treasury provide that Transport for London shall not carry on such activities as are specified in the order except through a company which is limited by shares and registered under the Companies Act 1985 and which is—
a subsidiary of Transport for London; or
a company which Transport for London formed, or joined with others in forming, by virtue of section 156(1) above and which does not fall within paragraph (a) above.
The specification of an activity in an order under subsection (1) above shall not—
prevent Transport for London from entering into or carrying out under section 156(2) or (3) above an agreement with a person for the carrying on of that activity by that person; or
affect the validity of such an agreement.
If it appears to the Secretary of State that Transport for London is carrying out, or proposes to carry out, otherwise than in compliance with an order under subsection (1) above any activities specified in such an order—
the Secretary of State may give a direction to Transport for London requiring it to comply with the order within such period as may be specified for the purpose in the order; and
Transport for London shall be under a duty to comply with such a direction.
If Transport for London does not comply with a direction under subsection (3) above in the case of an activity to which the direction relates, Transport for London shall be treated in respect of the carrying out of that activity as not being a local authority for the purposes of—
section 519 of the Income and Corporation Taxes Act 1988 (exemption of local authorities from income tax and corporation tax); and
section 271 of the Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).
For the purpose of enabling any person to carry on any activities for which provision is made by an agreement under section 156(2) or (3) above or by a transport subsidiary’s agreement, the Mayor may by order provide for any functions of Transport for London under any statutory provision to be exercisable by that person (whether to the exclusion of or concurrently with Transport for London).
An order under this section may—
provide for the functions to cease to be so exercisable when the activities cease to be carried on by that person (whether by reason of the expiry or termination of the agreement or otherwise); and
make such supplementary, incidental and consequential provision as the Mayor considers expedient.
The power of the Mayor to make an order under this section includes a power exercisable by order to revoke, amend or re-enact any such order.
An order made by the Mayor under this section shall not have effect unless and until it is confirmed by an order made by the Secretary of State.
This section does not apply to any function of Transport for London under this Act or any other statutory provision specifically amended by any provision of this Act.
Any reference in this section to Transport for London includes a reference to a subsidiary of Transport for London.
Transport for London may give financial assistance to any body or person in respect of expenditure incurred or to be incurred by that body or person in doing anything which in the opinion of Transport for London is conducive to the provision of safe, integrated, efficient and economic transport facilities or services to, from or within Greater London.
Financial assistance may be given under this section by way of grant, loan or other payment.
The financial assistance that may be given to any London authority under this section includes in particular assistance in respect of any expenditure incurred or to be incurred by the authority in discharging any function of a highway authority or traffic authority.
In deciding whether to give financial assistance to a London authority under this section, and if so the amount or nature of any such assistance, the matters to which Transport for London may have regard include—
any financial assistance or financial authorisation previously given to the authority by any body or person, and
the use made by the authority of such assistance or authorisation.
In subsection (4) above, “financial authorisation” means authorisation allowing the authority to incur financial obligations.
Financial assistance under this section may be given subject to such conditions as Transport for London considers appropriate, including (in the case of a grant) conditions for repayment in whole or in part in specified circumstances.
In this section—
In section 88(2) of the Local Government Finance Act 1988 (list of “defined councils” to which transport grants are payable by the Secretary of State under section 87 of that Act)—
at the end of paragraph (aa) there shall be inserted “and”; and
paragraphs (c) and (d) (which include in the list of “defined councils” the London borough councils and the Common Council) shall cease to have effect.
This section is without prejudice to any other power of Transport for London.
Transport for London may guarantee to discharge any financial obligation of—
a subsidiary of Transport for London;
any person (other than such a subsidiary) with whom Transport for London has entered into an agreement by virtue of section 156(2) or (3) above, where the guarantee is given for the purpose of enabling that person to carry out the agreement; or
any person (other than such a subsidiary) with whom such a subsidiary has entered into a transport subsidiary’s agreement, where the guarantee is given for the purpose of enabling that person to carry out the agreement.
Transport for London may, for the purposes of discharging any of its functions, guarantee to discharge any financial obligation incurred or to be incurred by any person for the purposes of—
an undertaking carried on by him; or
where the person is a body corporate, an undertaking carried on by a subsidiary of that body corporate.
A guarantee under this section may be subject to such conditions as Transport for London considers appropriate.
Transport for London may enter into arrangements with another person under which that person gives a guarantee which Transport for London has power to give under this section.
Where Transport for London enters into arrangements by virtue of subsection (4) above, the arrangements may provide for Transport for London to indemnify the person who gives the guarantee.
This section is without prejudice to any other power of Transport for London.
Transport for London shall, as soon as possible after the end of each financial year, make to the Authority a report on the exercise and performance by Transport for London of its functions during the year.
The report shall deal with—
the contribution made by Transport for London towards the implementation of the transport strategy;
the activities of any subsidiaries of Transport for London, so far as relevant to the performance of the functions of Transport for London during the year in question;
any financial assistance given under section 159 above;
any guarantees given under section 160(1) or (2) above;
any arrangements entered into under section 160(4) above; and
any indemnities given by virtue of section 160(5) above.
The report made under this section in respect of any financial year shall include such information as the Mayor may from time to time specify in writing with respect to any matter the report is required to deal with by virtue of subsection (1) or (2) above.
Transport for London shall publish any report made under this section.
A copy of any report made under this section 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.
A copy of any report made under this section, or any part of any such report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
In this section “the appropriate period” in the case of a report under this section is the period of six years beginning with the date of publication of the report pursuant to this section.
Transport for London shall make available such information as it thinks fit which—
relates to public passenger transport services provided to, from and within Greater London, and
is required by members of the general public to assist in deciding what use to make of such services.
The information shall be made available, in such manner as Transport for London thinks fit, to—
the general public, and
such other persons as Transport for London thinks fit.
Transport for London may make such charges as it thinks fit for information which it makes available; but no such charge may be made if the information relates to public passenger transport services provided exclusively—
by Transport for London or any of its subsidiaries, or
by other persons under any transport subsidiary’s agreement or under agreements entered into under section 156(2) or (3) above.
Neither Transport for London nor the Authority shall by virtue of any provision of this Act— without the consent of the Secretary of State.
dispose of the freehold interest in any land which is or has been operational land, or
grant a leasehold interest in such land for a term of more than fifty years,
Where an estate or interest in, or right over, any land which is or has been operational land is vested in a company which is a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company would cease to be a subsidiary of Transport for London.
Consent is not required under this section by reason of any land having been operational land if a period of at least five years has elapsed since the land was last operational land.
The Secretary of State may by order amend subsection (3) above by substituting a different period for that for the time being there specified.
Any consent of the Secretary of State under this section—
may be given in relation to any particular transaction or description of transactions; and
may be given subject to conditions.
Consent given under this section shall be given in an order made by the Secretary of State.
Any question whether land is operational land within the meaning of this section shall be determined by the Secretary of State.
In this section—
For the purposes of this section, land— for the purpose of carrying on a railway or tramway undertaking of London Regional Transport's, or of a subsidiary of London Regional Transport's, shall be treated as if that undertaking had at that time been an undertaking of Transport for London’s or of a subsidiary of Transport for London’s (and any question whether the land was, or had ceased to be, operational land at any time shall be determined accordingly).
which has at any time been used, or
in which an interest has at any time been held,
The powers of the Authority and the powers of Transport for London shall be exercised so as to ensure that a subsidiary of Transport for London—
does not do anything which Transport for London has no power to do (including anything which Transport for London has no power to do because the consent of the Secretary of State has not been obtained),
does not do anything which the Mayor has directed Transport for London not to do, and
does not, except with the consent of the Mayor, raise money by the issue of shares or stock to any person other than Transport for London or any other subsidiary of Transport for London.
Transport for London may make schemes for the transfer of property, rights and liabilities—
between Transport for London and any subsidiary of Transport for London; or
between any subsidiary of Transport for London and any other such subsidiary.
A scheme under this section shall not take effect unless and until it has been approved by the Mayor.
Where a scheme under this section is submitted to the Mayor for his approval, he may, after consultation with Transport for London, modify the scheme before approving it.
Schedule 12 to this Act (which makes further provision in relation to schemes under this section) shall have effect.
Section 236 of the Local Government Act 1972 (procedure for byelaws) shall be amended as follows.
In subsection (1) after the words “the Greater London Authority” (which are inserted by section 76(2) above) there shall be inserted “,Transport for London”.
After subsection (10B) (which is inserted by section 76(3) above) there shall be inserted—
Transport for London—
may promote a local Bill in Parliament; and
may oppose any local Bill in Parliament.
Subsection (1)(a) above applies only if the Authority—
gives its written consent to the Bill; and
confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to Transport for London, which shall take all necessary steps for the withdrawal of the Bill.
If the Authority, in giving notice under subsection (3) above, states that it confirms its consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, Transport for London may, instead of withdrawing the Bill pursuant to subsection (3) above, take all necessary steps for the omission or, as the case may be, the amendment of the provisions in question in accordance with the notice.
Without prejudice to subsections (2) to (4) above, the functions conferred on Transport for London by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 13 to this Act.
Subsection (1)(b) above applies only if the Authority gives its written consent to Transport for London to oppose the Bill.
If— Transport for London shall take all necessary steps for the withdrawal of the petition.
Transport for London deposits a petition against a Bill in Parliament, but
the consent required by subsection (6) above has not been given before the end of the period of 30 days following the day on which the petition is deposited,
The functions conferred or imposed on the Authority by this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Before exercising the functions conferred on the Authority by subsection (2)(a) or (b), (4) or (6) above, the Mayor shall consult the Assembly.
Section 20 of the Transport and Works Act 1992 (power to apply for, or object to, orders) shall be amended as follows.
In subsection (2) (powers to be subject to the like conditions as powers to promote or oppose Bills) after “except as provided by subsection (3)” there shall be inserted “or (4)”.
After subsection (3) there shall be inserted—
In this Act “transport subsidiary’s agreement” means an agreement with a person (“the contractor”)—
which is entered into by, or transferred to, a subsidiary of Transport for London, and
which falls within subsection (2) or (3) below.
An agreement falls within this subsection if it includes provision for the carrying on by the contractor, whether as agent for the subsidiary or otherwise, of any activities which Transport for London has power to carry on; and such an agreement may include provision with respect to the provision or financing of any public passenger transport services.
An agreement falls within this subsection if it includes provision for the carrying on by the contractor of any activities which Transport for London does not have power to carry on and also provision for one or more of the following, namely—
the carrying on by the contractor of such activities as are mentioned in subsection (2) above;
the provision by the contractor to the subsidiary of services ancillary to the provision of public passenger transport services; and
the use by the contractor of land or other property owned by Transport for London or a subsidiary of Transport for London, or transferred to the contractor by Transport for London or a subsidiary of Transport for London, for the purposes of the agreement.
Section 9 of the London Regional Transport Act 1984 (powers of disposal) shall be amended as follows.
In subsection (1)(a) (power to dispose of securities of one of their subsidiaries) for “one of their subsidiaries” there shall be substituted “any subsidiary of theirs”.
At the end of the section there shall be added—
Section 17 of the London Regional Transport Act 1984 (power of London Regional Transport to give financial assistance to subsidiaries and other bodies or persons) shall be amended as follows.
In subsection (2) after “section 3(2)” there shall be inserted “or (2A)”.
After subsection (3) there shall be inserted—
Section 27 of the London Regional Transport Act 1984 (supplementary provisions with respect to transfer schemes) shall be amended as follows.
In subsection (9) (modifications of Schedule 4 to the Transport Act 1968 in its application by subsection (8)) the word “and” at the end of paragraph (a) shall be omitted and after that paragraph there shall be inserted—.
After subsection (9) there shall be inserted—
Transport for London may provide or secure the provision of public passenger transport services to, from or within Greater London.
Without prejudice to section 176 below, any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above may in particular provide for—
combined services for the through carriage of passengers or goods to be provided by Transport for London or any of its subsidiaries and any other party to the agreement, the quoting of through rates and the pooling of receipts and expenses in respect of such services;
securing efficiency, economy and safety of operation in the provision of any public passenger transport services in pursuance of the agreement;
the exercise by Transport for London, in accordance with the agreement, of control over fares in respect of any such services and their routes and frequency of operation and over charges in respect of any other facilities provided in pursuance of the agreement; and
the making of payments by Transport for London to any other party to the agreement.
The Mayor shall exercise his powers under section 155(1) above so as ensure that the matters specified in subsection (2) below are determined.
The matters mentioned in subsection (1) above are—
the general level and structure of the fares to be charged for public passenger transport services provided by 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) above or in pursuance of a transport subsidiary’s agreement;
the general structure of routes of such services and the general level of provision to be made with respect to their frequency of operation; and
the general level of charges to be made for other facilities provided as mentioned in paragraph (a) above.
It shall be the duty of Transport for London (either acting directly, or acting through a subsidiary) and the Franchising Director to co-operate with one another in the exercise and performance of their respective functions for the purpose— and to afford to one another such information as to the services mentioned in paragraph (a) above as may reasonably be required for those purposes.
of co-ordinating the passenger transport services for persons travelling to, from and within Greater London—
which are provided by Transport for London or any of its subsidiaries, and
which are provided under franchise agreements, or whose provision is secured by the Franchising Director pursuant to section 30, 37 or 38 of the Railways Act 1993; and
of securing or facilitating the duty of Transport for London under section 154(3) above;
For the purposes of the co-operation required under subsection (1) above, Transport for London and the Franchising Director may enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient.
The references in subsections (1) and (2) above to the functions of the Franchising Director shall be taken as a reference to—
his functions under sections 23 to 31 of the Railways Act 1993 (franchising of passenger services), and
the duties imposed upon him by sections 37 and 38 of that Act (discontinuance of railway passenger services) to secure the provision of services.
In this section, “the Franchising Director” means the Director of Passenger Rail Franchising.
Where a public passenger transport service is provided under— by a person other than a subsidiary of Transport for London, it shall be the duty of that person and the other party to the agreement in question, either acting directly, or acting indirectly through subsidiaries of theirs, to co-operate with one another in the exercise and performance of their respective functions for the purposes specified in subsection (2) below.
an agreement entered into by Transport for London under section 156(2) or (3)(a) above, or
a transport subsidiary’s agreement,
The purposes mentioned in subsection (1) above are—
the co-ordinating of passenger transport services, and
the securing of, or the facilitating of, the proper discharge of the duty of Transport for London under section 154(3) above.
The duty of co-operation imposed by subsection (1) above requires both parties to an agreement under section 156(2) or (3)(a) above or to a transport subsidiary’s agreement to provide to one another such information as to their services as may reasonably be required for the purposes specified in subsection (2) above.
The council of a London borough and the Common Council shall each have power to enter into and carry out agreements with— with respect to the provision or retention, and financing, of public passenger transport services and facilities which would not be available apart from any such agreement.
Transport for London,
the Franchising Director, or
any person who is the holder of a passenger licence, a network licence or a station licence,
Transport for London and the Franchising Director shall each have power to enter into and carry out agreements with the council of a London borough or the Common Council with respect to the matters specified in subsection (1) above.
The terms of an agreement entered into under this section shall be such as may be agreed between the parties to the agreement.
Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.
Transport for London shall in each year inform the bodies mentioned in subsection (2) below of its current plans with respect to—
the general level of transport services and facilities to be provided by Transport for London, any subsidiary of Transport for London or any other person in pursuance of an agreement entered into by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement;
the general structure of routes of such services;
the general level and structure of fares to be charged for such services; and
the general level of charges to be made for such facilities.
The bodies are—
the London borough councils;
the Common Council;
the council of any county or district any part of whose area appears to Transport for London to be affected significantly by any plans falling within subsection (1) above; and
the London Transport Users' Committee.
Transport for London shall cause particulars of the general level and structure of the fares falling within subsection (1)(c) above as they apply for the time being to be published in such manner as it thinks fit.
In this Part—
Where a local service is or is to be provided both inside and outside Greater London, any part of the service which is or is to be provided outside Greater London shall be treated as a separate service for the purposes of this Part if there is any stopping place for that part of the service outside Greater London.
For the purposes of this Part of this Act a service provided in pursuance of an agreement with the Railways Board or the Director of Passenger Rail Franchising, entered into under section 4A of the Transport Act 1962 (temporary interruption of railway service), is not a London local service.
No London local service may be provided except in accordance with the provisions of this Chapter.
If a London local service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
It shall be a defence for a person charged with an offence under subsection (2) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Transport for London shall determine which London local services are required for the purpose of providing safe, integrated, efficient and economic transport services in Greater London.
The determination made by Transport for London under subsection (1) above shall be kept under review and may be revised at any time.
The London local services which Transport for London determines are required under this section shall be known collectively as the “London bus network”.
A London local service which is part of the London bus network may be provided only—
by Transport for London or any of its subsidiaries, or
by any other person in pursuance of an agreement entered into by Transport for London under section 156(2) above or in pursuance of a transport subsidiary’s agreement.
Transport for London shall so far as reasonably practicable provide or secure the provision of the London bus network.
Where a London local service which is part of the London bus network is provided in pursuance of an agreement entered into by Transport for London under section 156(2) above or in pursuance of a transport subsidiary’s agreement, the agreement shall be known as a London local service agreement.
Where a London local service agreement relates to a local service part of which is to be provided outside Greater London, subsection (3) below applies to any provision contained in the agreement with respect to the carriage of passengers other than those who are both taken up and set down in Greater London.
A provision of a description specified in subsection (2) above shall be of no effect if or so far as it is inconsistent with any condition attached under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions etc by a traffic commissioner)—
to a PSV operators' licence held by the operator of the service, or
to a permit under section 22 of the Transport Act 1985 (a community bus permit).
Subsection (2) below applies where— and the proposal, if effected, would alter the London bus network.
Transport for London or any of its subsidiaries proposes to provide a new London local service or to vary an existing London local service,
Transport for London proposes to enter into a London local service agreement for the provision of a new London local service, or
Transport for London proposes to agree to a variation in an existing London local service provided pursuant to a London local service agreement,
Transport for London shall before making a decision about the proposal consult— about the matters specified in subsection (3) below relating to the proposed new service or the service as proposed to be altered.
the commissioner or commissioners of police affected,
the London authorities affected,
the London Transport Users' Committee, and
any other person whom Transport for London considers it appropriate to consult,
The matters mentioned in subsection (2) above are—
the route,
the terminal points,
the points at which passengers may or may not be taken up and set down, and
the place at which, or street by the use of which, vehicles used for the service may turn at a terminal point.
For the purposes of this section, the London authorities affected by a proposal are the London authorities in whose area there is situated—
any part of the route in question, or
any of the places mentioned in subsection (3)(b) to (d) above.
Where a place or street mentioned in paragraph (d) of subsection (3) above is situated in the area of a local authority other than a London authority, Transport for London is also required under subsection (2) above to consult that local authority about the matter specified in that paragraph.
For the purposes of this section a commissioner of police is affected by a proposal if he is— and any part of the route in question, or any of the places mentioned in subsection (3)(b) to (d) above, is situated in the police area for which he is the Commissioner.
the Commissioner of Police of the Metropolis, or
the Commissioner of Police of the City of London,
For the purposes of this Chapter a London authority is any London borough council or the Common Council.
Subsection (2) below applies where— except where Transport for London proposes that a service replacing the London local service in question and equivalent to it will be provided (whether by Transport for London or any of its subsidiaries, or pursuant to a London local service agreement).
Transport for London or any of its subsidiaries proposes to discontinue a London local service which is part of the London bus network, or
Transport for London proposes not to renew a London local service agreement pursuant to which a London local service which is part of the London bus network is provided,
Transport for London shall before making a decision about the proposal consult—
the London authorities affected,
the London Transport Users' Committee, and
any other person whom Transport for London considers it appropriate to consult.
For the purposes of this section the London authorities affected by a proposal are the London authorities in whose area there is situated any part of the route of the service in question.
A London local service which is not part of the London bus network may be provided only by a person who is authorised to provide the service by a permit granted by Transport for London (“a London service permit”).
The Mayor shall prepare and adopt a document (“the guidance document”) containing the criteria by which applications for a London service permit will be considered.
The Mayor shall keep the guidance document under review and may revise it at any time.
Where the guidance document is revised, the Mayor shall adopt the document as revised.
An application for a London service permit shall be made in such manner and accompanied by such supporting evidence as may be determined by Transport for London.
Transport for London may charge a fee—
for processing the application for a London service permit under subsection (1) above,
for granting a London service permit, or
for both (a) and (b) above.
In deciding whether to grant a London service permit Transport for London—
shall have regard to the criteria contained in the guidance document,
shall have regard to any other material considerations, and
shall consult the persons and bodies specified in subsection (4) below.
The persons and bodies mentioned in subsection (3)(c) above are—
the London authorities affected,
the commissioner or commissioners of police affected,
the London Transport Users' Committee, and
any other person whom Transport for London considers it appropriate to consult.
Where Transport for London grants a London service permit it shall send notice of the grant, including particulars of the services authorised by the permit to be provided, to the London Transport Users' Committee, the London authorities affected and the commissioner or commissioners of police affected.
For the purposes of this section, the London authorities affected are the London authorities in whose area there is situated any part of the route of the London local service to which the application for the London service permit relates.
For the purposes of this section a commissioner of police is affected if he is— and any part of the route of the London local service to which the application for the London service permit relates is situated in the police area for which he is the Commissioner.
the Commissioner of Police of the Metropolis, or
the Commissioner of Police of the City of London,
Transport for London may attach to a London service permit granted under section 186 above such conditions as it thinks fit.
The conditions that may be attached to a London service permit by virtue of subsection (1) above include conditions for securing—
that suitable routes are used in providing any service authorised to be provided by the permit,
that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points, or
the safety and convenience of the public, including persons who have mobility problems.
No condition as to fares shall be attached under this section to a London service permit.
Transport for London may at any time vary a London service permit—
by altering any condition attached to the permit,
by removing any condition attached to the permit, or
by attaching to the permit any condition.
Compliance with any condition attached to a London service permit under this section may be temporarily dispensed with by Transport for London if it is satisfied—
that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached, or, if the condition has been altered, when it was last altered, and
that such a dispensation would not adversely affect the safety and convenience of the public, including persons who have mobility problems.
If a condition attached to a London service permit under this section is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
It shall be a defence for a person charged with an offence under subsection (6) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Subject to subsection (2) below, a London service permit may be revoked or suspended by Transport for London on the ground that there has been a contravention of any condition attached to it.
Transport for London shall not revoke or suspend a London service permit unless, owing to— Transport for London is satisfied that the permit should be revoked or suspended.
the frequency of the breach of conditions, or
the breach having been committed intentionally, or
the danger to the public involved in the breach,
On revoking or suspending a London service permit Transport for London shall send notice of the revocation or suspension to each commissioner of police and London authority notified of the grant of the licence in accordance with section 186(5) above.
A London service permit suspended under this section shall during the period of suspension be of no effect.
Where Transport for London refuses to grant a London service permit, it must issue a notice stating the reasons for the decision to do so to the person who made the application for the permit.
A person to whom a notice has been issued under subsection (1) above may appeal to the Mayor against the decision in relation to which the notice was issued.
Where Transport for London— it must issue a notice to the holder of the permit stating the reasons for the decision to do so.
attaches any condition to a London service permit, or alters or removes any condition so attached; or
revokes or suspends a London service permit,
A holder of a London service permit to whom a notice has been issued under subsection (3) above may appeal to the Mayor against the decision in relation to which the notice was issued.
An appeal under this section against a decision of Transport for London must be made before the end of the period of 28 days beginning with the date of issue of the notice relating to the decision.
Where an appeal is made to the Mayor under this section he shall refer the matter to a panel of persons appointed by him for the purposes of hearing such an appeal (“an appeal panel”).
The Mayor may charge a person making an appeal under this section such reasonable fee as the Mayor considers appropriate having regard to any expenses incurred or likely to be incurred by the Mayor in respect of the appeal.
A person shall be disqualified from being appointed to be, or being, a member of an appeal panel if he is—
an Assembly member,
a member of staff of the Authority,
a member of, or a member of staff of, Transport for London, or
a director of a subsidiary of Transport for London or a member of staff of such a subsidiary.
The Mayor may pay to the members of an appeal panel such fees and expenses as he considers appropriate.
An appeal panel shall regulate its own procedure but, unless the person making the appeal requests otherwise, any appeal hearing shall be conducted on the basis of documentary evidence only.
An appeal panel hearing an appeal under this section shall make a report to the Mayor concerning the appeal, including if the panel considers appropriate any recommendation about payment of the costs of the appeal.
A recommendation under subsection (11) above may include a recommendation that Transport for London pay to the person who made the appeal a sum equivalent to all or part of any fee paid to the Mayor by virtue of subsection (7) above.
Where the Mayor receives a report under subsection (11) above, he shall issue to Transport for London under section 155(1) above such guidance or directions, if any, as he considers appropriate having regard to the report.
The duration of a London service permit shall not be longer than five years.
If, on the date on which a London service permit is due to expire, an application has been made for the grant of a new London service permit in substitution for it and— subsection (3) below shall apply.
Transport for London has neither granted nor refused to grant the London service permit applied for,
Transport for London has refused to grant the London service permit applied for but an appeal against the refusal has been made under section 189 above and not disposed of, or
Transport for London has granted the London service permit applied for but an appeal against a decision to attach a condition to the permit has been made under section 189 above and not disposed of,
Where this subsection applies, the existing London service permit shall continue in force—
in a case falling within subsection (2)(a) above, until Transport for London grants or refuses to grant the London service permit applied for, or
in a case falling within subsection (2)(b) or (c) above, until the appeal has been disposed of.
Where subsection (3)(a) above applies, if Transport for London— the existing London service permit shall continue in force until any appeal which is made under section 189 above against the decision in question has been disposed of.
refuses to grant the London service permit applied for, or
grants the London service permit applied for but at the time of the grant attaches any condition to the permit,
This section is without prejudice to section 188 above.
When preparing or revising the guidance document and before finally determining the contents of the document or any revisions, the Mayor shall—
publish a notice in a newspaper circulating in the entire area of Greater London, stating where a draft of the guidance document (or the revisions, as the case may be) may be inspected, and
consult the persons and bodies specified in subsection (2) below.
The persons and bodies mentioned in subsection (1)(b) above are—
each London authority,
the local authority for any other area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be,
the Commissioner of Police of the Metropolis and the Commissioner of Police of the City of London,
the traffic commissioner for the Metropolitan Traffic area,
the traffic commissioner for any other traffic area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be,
the London Transport Users' Committee, and
any other person whom the Mayor considers it appropriate to consult.
Where the Mayor is determining the contents of revisions to the guidance document and the revisions will not affect the entire area of Greater London, the obligation imposed under subsection (1)(a) above shall not have effect and instead a notice stating where a draft of the revisions can be inspected shall be published in a newspaper circulating in the area or areas which the Mayor considers will be affected by the revisions.
The Mayor shall publish the guidance document.
Where the Mayor revises the guidance document he shall publish it as revised.
In this Act, references to the guidance document include, except where the context otherwise requires, a reference to the current version of the guidance document.
The guidance document must be published no later than 180 days after the Mayor has published the transport strategy prepared by him under section 142(1) above.
The Mayor shall send to the Common Council and to each London borough council a copy of the current version of the guidance document.
A copy of the current version of the guidance document shall be kept available by the Mayor for inspection by any person on request free of charge— at reasonable hours.
at the principal offices of the Authority, and
at such other places as the Mayor considers appropriate,
A copy of the current version of the guidance document, or any part of it, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.
Any reference in this section to “the current version” of the guidance document is a reference to the guidance document as last published, whether originally or as revised.
A London local service agreement shall be of no effect at any time when the party to the agreement who is not Transport for London does not hold—
a PSV operators' licence, or
a permit granted under section 22 of the Transport Act 1985 (a community bus permit).
A London service permit shall be of no effect at any time when the holder of the permit does not hold a licence of the description specified in subsection (1)(a) above, or a permit of the description specified in subsection (1)(b) above.
In any case where a local education authority is providing a service falling within section 46(1) of the Public Passenger Vehicles Act 1981 (no requirement for a PSV operators' licence where a school bus is being used to provide a service)—
subsection (1) above does not apply in relation to any London local service agreement pursuant to which the local education authority is providing the service, and
subsection (2) above does not apply in relation to any London service permit by which the local education authority is authorised to provide the service.
The provisions of the Public Passenger Vehicles Act 1981 specified in subsection (2) below apply in relation to the grant of London service permits, or to London service permits granted, under this Part of this Act, as they apply in relation to the grant of PSV operators' licences, or PSV operators' licences granted, under that Act.
The provisions mentioned in subsection (1) above are—
section 57 (death, bankruptcy, etc. of licence holder) taking the references to the traffic commissioner by whom the licence was granted as a reference to Transport for London, and
section 58(2) (grant of licences to unincorporated body or to persons jointly).
Section 84 of the Public Passenger Vehicles Act 1981 (which relates to the effects of that Act in relation to general public interests) shall have effect as if the provisions of this Chapter were contained in that Act.
In this Chapter—
“participating interest” has the meaning given by section 260 of that Act.
Section 2.
This paragraph applies where, as a result of— the Local Government Commission for England (“the Commission”) recommends to the Secretary of State, at a time when an order under section 2(4) of this Act has effect, that he should make one or more boundary changes falling within sub-paragraph (2) below. The boundary changes mentioned in sub-paragraph (1) above are boundary changes— Where this paragraph applies, the Commission shall submit to the Secretary of State the report or reports required under sub-paragraph (4), (5) or (6) below (as read with sub-paragraph (7) below). If the Commission is of the opinion that, in consequence of the boundary changes mentioned in sub-paragraph (1) above, changes are required to Assembly constituencies in order to comply with the rules set out in paragraph 7 below, the report required is one which recommends to the Secretary of State the changes which in the opinion of the Commission should be made to Assembly constituencies to comply with those rules. If the Commission is not of the opinion mentioned in sub-paragraph (4) above, the report required is one which states that fact. If the Commission is of the opinion that a comprehensive review of Assembly constituencies is required in consequence of the boundary changes mentioned in sub-paragraph (1) above, the report required is one which recommends to the Secretary of State that such a review be carried out. Where a report is required under sub-paragraph (6) above, no report is required under sub-paragraph (4) or (5) above unless the Commission is of the opinion that a report under sub-paragraph (4) above ought to be submitted for the purposes of the next ordinary election, in which case the Commission shall submit such a report in addition to the report required by sub-paragraph (6) above.
If the Secretary of State at any time so directs, the Commission shall carry out a comprehensive review of Assembly constituencies and submit to the Secretary of State a report— No recommendations shall be made by the Commission in a report under sub-paragraph (1) above unless the recommendations comply with the rules set out in paragraph 7 below.
A direction to submit a report under paragraph 2(1) above shall specify the timetable in accordance with which the report is to be prepared, submitted and available for inspection under this Schedule (“the timetable”). As soon as reasonably practicable after being directed to submit a report under paragraph 2(1) above, the Commission shall take such steps as it considers sufficient to secure that persons who may be interested in the subject-matter of the report are informed of— Before submitting its report, the Commission shall— As soon as the Commission is in a position to submit its report to the Secretary of State (and in any event not later than the date specified in the timetable for submission of the report), it shall— Copies of the draft report deposited under sub-paragraph (3)(c) above, and of the report deposited under sub-paragraph (4)(c) above, shall be kept available for inspection at the offices concerned in accordance with the timetable.
Where a report is submitted to the Secretary of State in accordance with a direction under paragraph 2(1) above, he may, if he thinks fit, direct the Commission— Paragraph 3 above shall apply in relation to any further report with such modifications as may be specified in the direction under sub-paragraph (1) above. No recommendations shall be made by the Commission in a further report unless the recommendations comply with the rules set out in paragraph 7 below.
The Secretary of State may give directions as to the exercise by the Commission of any of its functions under this Schedule; and, in particular, the directions may—
specify matters which the Commission must take into account in preparing a report; and
require the Commission to have regard to any guidance given by the Secretary of State as respects matters to be taken into account in preparing a report.
The Secretary of State may pay to the Commission such amount as he may determine to be the amount required by the Commission for carrying out its functions under this Schedule.
The rules referred to in paragraphs 1(4), 2(2) and 4(3) above are— There shall be fourteen Assembly constituencies. Each Assembly constituency shall consist of two or more entire London boroughs. 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. No London borough shall be included in more than one Assembly constituency. The electorate for an Assembly constituency shall be as near the electorate for each other Assembly constituency as is reasonably practicable. For the purposes of the rules in sub-paragraph (1) above—
An order under section 2(4) of this Act may give effect, with or without modifications, to all or any of the recommendations contained in a report submitted by the Commission under— No order giving effect to recommendations made in a report under paragraph 2(1) above or a further report under paragraph 4(1)(b) above shall be made before the end of the period of six weeks beginning with the submission of the report. Before making an order falling within sub-paragraph (2) above, the Secretary of State may by a direction require the Commission to supply him with such additional information as may be described in the direction. In sub-paragraph (1) above, “modifications” includes additions, alterations and omissions.
Where the Secretary of State is satisfied that— he may by order under this sub-paragraph make such provision as he thinks necessary or expedient for rectifying the mistake. In this paragraph “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information.
Section 4.
This Part of this Schedule applies where there are three or more candidates to be the Mayor.
In this Schedule—
If 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.
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. The two candidates who received the greatest number of first preference votes given in the Assembly constituencies remain in the contest. 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. The other candidates are eliminated from the contest. 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. That number shall be added to the number of first preference votes given for that candidate, to give his total number of preference votes. 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. 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.
Any registered political party may submit a list of candidates to be London members. The list is to be submitted to the Greater London returning officer. The list has effect in relation to— The list must not include more than twenty five persons (but may include only one). The list must not include a person— A person may not be an individual candidate to be a London member if—
For each registered political party by which a list of candidates has been submitted for the election of London members— 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. The number arrived at— is referred to in this Schedule as “the London figure” for that party or individual candidate. If a person who is a candidate of a registered political party in an Assembly constituency— 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.
subordinate legislation made before that date or in that Session.
The Authority may give instructions or guidance to the Franchising Director in relation to the provision of railway services in Greater London.
It is immaterial for the purpose of giving instructions or guidance under subsection (1) above whether implementation of the instructions or guidance affects railway services outside Greater London.
The Franchising Director shall exercise his functions in the manner best calculated to implement any instructions or guidance given to him by the Authority.
Subsection (3) above is subject to subsection (5) below.
The Franchising Director shall not give effect to any instructions or guidance given by the Authority if or to the extent that, in his opinion, implementing the instructions or guidance will—
prevent or seriously hinder him from complying with any instructions, guidance or objectives given to him by the Secretary of State under section 5(1) of the Railways Act 1993;
have an adverse effect on the provision of services for the carriage of passengers by railway outside Greater London; or
increase the amount of any payments to which paragraph (b) of section 5(1) of the Railways Act 1993 applies which he may be required to make.
If the Franchising Director decides not to implement any instructions or guidance given by the Authority, whether generally or in a particular case, he shall give the Authority notification of the decision and his reasons for it.
The matters in respect of which instructions or guidance may be given under this section are those specified in sub-paragraphs (i) and (ii) of section 5(1)(a) of the Railways Act 1993.
Any functions conferred or imposed on the Authority by this section shall be exercisable by the Mayor acting on behalf of the Authority.
In this section “the Franchising Director” means the Director of Passenger Rail Franchising.
The Franchising Director shall from time to time consult the Mayor as to—
the general level and structure of the fares to be charged for the carriage of passengers by railway on services to which this section applies; and
the general level of the provision to be made for such services.
The services to which this section applies are services to, from or within Greater London—
which are, or are to be, provided under franchise agreements; or
whose provision the Franchising Director is under a duty to secure, by virtue of section 30, 37 or 38 of the Railways Act 1993 (which relate to the failure to secure a subsequent franchise agreement and the proposed discontinuance of services).
The Railways (London Regional Transport) (Exemptions) Order 1994 shall have effect with the following amendments.
In article 2 (interpretation) the word “and” immediately preceding the definition of “LRT company” shall be omitted, and in that definition, after “means” there shall be inserted “(a)” and at the end there shall be added—.
“PPP agreement” and “PPP company” have the same meaning as in Chapter VII of Part IV of the Greater London Authority Act 1999 (public-private partnership agreements); “qualifying activities”, in relation to a PPP company, means light maintenance services, network services or station services carried out by the PPP company in fulfilment of obligations imposed on the company by a PPP agreement.
The amendments made by this section are without prejudice to the exercise of any power conferred by any enactment (including a power conferred by any provision of this Act) to amend the said Order of 1994 by an enactment comprised in subordinate legislation, within the meaning of the Interpretation Act 1978.
The Secretary of State may, after consultation with the Rail Regulator and the Franchising Director, by order grant at any time— subject to and in accordance with the following provisions of this section.
a licence exemption under subsection (1) of section 7 of the Railways Act 1993, notwithstanding anything in subsection (10) of that section, or
a facility exemption under section 20 of that Act, notwithstanding anything in subsection (9) of that section,
An exemption by virtue of paragraph (a) or (b) of subsection (1) above may only be granted in respect of railway assets or railway facilities comprised in, or used on or in connection with, a network on which some or all of the regular scheduled passenger services are operated by London Regional Transport or Transport for London or a subsidiary of London Regional Transport or Transport for London.
The power conferred by subsection (1) above is exercisable only if the Secretary of State has received an application for the grant of the exemption from the appropriate London transport authority.
In this section— and, subject to that, expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.
Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, Transport for London may enter into an access contract to which section 18 of the Railways Act 1993 applies, notwithstanding—
that such a contract can only be entered into on terms approved (with or without modification) by the Rail Regulator and pursuant to directions given by the Rail Regulator under that section; and
that the terms of the contract may confer on the Rail Regulator powers to determine the manner in which Transport for London is to exercise its functions in relation to the contract.
The duty imposed on the Mayor by section 174 above accordingly also has effect subject, as respects the power conferred on Transport for London by subsection (1) above, to the powers of the Rail Regulator under section 18 of the Railways Act 1993.
After section 41 of the London Regional Transport Act 1984 there shall be inserted—
In section 4 of the Railways Act 1993 (general duties of the Secretary of State and the Rail Regulator) in subsection (5) (which imposes additional duties on the Rail Regulator) the word “and” immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added; and.
Transport for London may not by virtue of any provision of this Act or any other enactment enter into or carry out any agreement with respect to the provision or retention, or financing, of public passenger transport services if the agreement—
is one which involves the holding of a passenger licence; and
is not an excepted agreement.
An agreement “involves the holding of a passenger licence” for the purposes of this section if it involves the doing by any person, whether or not a party to the agreement, of anything which, by virtue of section 6 of the Railways Act 1993 (prohibition on unauthorised operators of railway assets), that person may not do without the authorisation of a passenger licence.
An agreement is an “excepted agreement” for the purposes of this section if it is—
an agreement with respect to the provision or retention, or financing, of regular scheduled railway passenger services operated by a London transport body;
an agreement with respect to the provision or retention, or financing, of regular scheduled railway passenger services operated by a person other than a London transport body on track used for the provision of regular scheduled railway passenger services operated by a London transport body (whether or not the track is also used for other purposes);
an agreement with the Franchising Director; or
an agreement under section 177 above, other than one falling within subsection (4) below.
An agreement falls within this subsection if, in pursuance of the agreement, Transport for London or a subsidiary of Transport for London is to enter into a further agreement which involves the holding of a passenger licence.
In this section “London transport body” means— and, subject to that, expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.
London Regional Transport;
Transport for London; or
a subsidiary of London Regional Transport or Transport for London;
Section 25(1) of the Railways Act 1993 (which prevents public sector operators, as defined in the paragraphs of that subsection, from being franchisees) shall be amended as follows.
After paragraph (b) there shall be inserted—.
In paragraph (d) (bodies corporate whose members are appointed by certain other bodies or persons) after “a local authority” there shall be inserted “, the Greater London Authority, Transport for London”.
In section 43(1) of the Railways Act 1993 (which requires the Franchising Director to give a copy of any notice of closure etc to the Rail Regulator) after “Regulator” there shall be inserted “, to the Mayor of London if the whole or any part of the area affected by the closure is in Greater London,”.
The Railways Act 1993 shall have effect as if any railway passenger services provided under or by virtue of this Act by Transport for London or a subsidiary of Transport for London (in relation to which section 37 of that Act does not have effect, in consequence of amendments made by section 198 above) were designated by order under section 49(3) of that Act as railway passenger services in relation to which Schedule 5 to that Act (alternative closure procedure) is to have effect.
Schedule 5 to the Railways Act 1993 shall be amended as follows.
After paragraph 5 there shall be inserted—
Any franchise agreement entered into under Part I of the Railways Act 1993 before the day on which this Act is passed shall have effect on and after that day with the following amendment.
In paragraph (a) of the definition of “Local Authority” in the agreement, after “in England,” there shall be inserted “the Greater London Authority, Transport for London,”.
Section 130 of the Railways Act 1993 (penalty fares) shall be amended as follows.
After subsection (9) there shall be inserted—
For the purposes of this section, the services which are “reserved services” are those whose provision by a person would involve that person in performing or securing the performance, for the purposes of any TfL passenger rail service, of—
any station-operating function; or
any train-operating function.
Transport for London shall not, without the consent of the Secretary of State, enter into or carry out any agreement under which an outside contractor is to provide or secure the provision of a reserved service for Transport for London or a subsidiary of Transport for London.
Where a company which is a subsidiary of Transport for London provides or is to provide, or secures or is to secure the provision of, a reserved service for Transport for London or a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company—
would cease to be a subsidiary of Transport for London; but
would nevertheless provide or continue to provide, or secure or continue to secure the provision of, the reserved service.
Nothing in this section applies in relation to a contract of employment between an individual and Transport for London or a subsidiary of Transport for London.
The Secretary of State may by order provide exceptions from subsection (2) or (3) above.
Any consent of the Secretary of State under this section must be in writing and—
may be given in relation to any particular transaction or description of transactions; and
may be given subject to conditions.
For the purposes of this section—
In this section—
The Secretary of State may by order amend this section for the purpose of varying the meaning in this section of any of the following expressions—
“train-operating function”;
“station-operating function”;
“outside contractor”; or
“TfL passenger rail service”.
Section 3 of the London Docklands Railway (Lewisham) (No. 2) Act 1993 (transfer of functions relating to the Docklands Light Railway) shall be amended in accordance with subsections (2) to (7) below.
In subsection (1) (which confers a power on the Secretary of State to make orders transferring functions relating to the Docklands Light Railway) for “Secretary of State” there shall be substituted “Mayor of London”.
Subsection (3) (which confers a power to specify in a transfer order circumstances in which the order shall cease to have effect) shall cease to have effect.
After subsection (3) there shall be inserted—
In subsection (4) (which confers a power to include in a transfer order supplementary etc provision) for “Secretary of State” there shall be substituted “Mayor of London.”
Subsection (6) (which provides that the power to make a transfer order is to be exercisable by statutory instrument) shall cease to have effect.
After subsection (6) there shall be inserted—
Any transfer order— shall have effect as from the coming into force of that subsection as if it were a transfer order made by the Mayor of London.
made by the Secretary of State under section 3(1) of the London Docklands Railway (Lewisham) (No. 2) Act 1993, and
in force immediately before the coming into force of subsection (3) above,
The Croydon Tramlink Act 1994 shall be amended in accordance with subsections (2) to (9) below.
In section 9(3) (consent to be obtained for the alteration of the level of a street) in paragraph (b) (which provides for disputes over the giving of consent to be determined by the Secretary of State) for “Secretary of State” there shall be substituted “Mayor of London”.
In section 50 (transfer of functions relating to the Croydon Tramlink) in subsection (1) (which confers a power on the Secretary of State to make orders transferring functions relating to the Croydon Tramlink) for “Secretary of State” there shall be substituted “Mayor of London”.
Subsection (3) of that section (which confers a power to specify in a transfer order circumstances in which the order shall cease to have effect) shall cease to have effect.
After subsection (3) of that section there shall be inserted—
In subsection (4) of that section (which confers a power to include in a transfer order supplementary etc provision) for “Secretary of State” there shall be substituted “Mayor of London”.
In subsection (7) (duty of London Regional Passengers' Committee to consider etc matters referred to them)—
in paragraph (b) (references by the Secretary of State) for “by the Secretary of State” there shall be substituted “by Transport for London, by the Greater London Authority (acting by the Mayor of London)”;
in the words following paragraph (c) (persons to whom minutes etc are to be sent) for “the Secretary of State,”, where first occurring, there shall be substituted “the Mayor of London, the London Assembly, Transport for London,”; and
the words from “and to such person” onwards shall cease to have effect.
Subsection (9) of that section (which provides that the power to make a transfer order is to be exercisable by statutory instrument) shall cease to have effect.
After subsection (9) of that section there shall be inserted—
In subsection (11) of that section (interpretation) for “London Regional Passengers' Committee” there shall be substituted “London Transport Users' Committee”.
Any transfer order— shall have effect as from the coming into force of that subsection as if it were a transfer order made by the Mayor of London.
made by the Secretary of State under section 50(1) of the Croydon Tramlink Act 1994, and
in force immediately before the coming into force of subsection (3) above,
For the purposes of this Chapter a public-private partnership agreement (referred to as a “PPP agreement”) is a contract in the case of which the conditions set out in the following provisions of this section are satisfied.
At least one of the parties to the contract must be a relevant body for the purposes of this Chapter, that is to say—
London Regional Transport;
Transport for London; or
a subsidiary of London Regional Transport or Transport for London.
The contract must be one which involves— of a railway or proposed railway and, if or to the extent that the contract so provides, of any stations, rolling stock or depots used or to be used in connection with that railway.
the provision, construction, renewal, or improvement, and
the maintenance,
The railway or proposed railway must be one which—
belongs or will belong to, or to a subsidiary of, London Regional Transport or Transport for London, or
is being provided, constructed, renewed or improved under the contract for, or for a subsidiary of, London Regional Transport or Transport for London.
If a party who undertakes to carry out or secure the carrying out of any or all of the work mentioned in subsection (3) above (a “PPP company”) is a public sector operator at the time when the contract is made, that party must no longer be a public sector operator on the day following the expiration of the period of six weeks beginning with the day on which the condition in subsection (6) below is satisfied.
The contract must be one which is, or is of a description which is, designated as a PPP agreement.
In this Chapter “public sector operator” means—
any Minister of the Crown, government department or other emanation of the Crown;
any local authority;
any metropolitan county passenger transport authority;
any body corporate whose members are appointed by a Minister of the Crown, a government department, a local authority or a metropolitan county passenger transport authority or by a body corporate whose members are so appointed;
a company—
a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (a) to (d) above;
in which the majority of the voting rights are held by or on behalf of any of those bodies or persons;
a majority of whose board of directors can be appointed or removed by any of those bodies or persons; or
in which the majority of the voting rights are controlled by any of those bodies or persons, pursuant to an agreement with other persons;
a subsidiary of a company falling within paragraph (e) above.
Expressions used in sub-paragraphs (i) to (iv) of subsection (1)(e) above and in section 736 of the Companies Act 1985 have the same meaning in those sub-paragraphs as they have in that section.
Any designation for the purposes of subsection (6) of section 210 above (a “PPP designation”) must be made in a direction issued by the appropriate authority.
A PPP designation must—
describe the subject matter of the contracts to which it relates;
describe the parties to those contracts; and
if made before one or more of those contracts has been entered into, state a time by which a contract must have been entered into if it is to be a PPP agreement by virtue of the designation.
The time stated pursuant to paragraph (c) of subsection (2) above must not be later than three months after the date of the direction containing the designation.
A PPP designation may be made before or after the making of any contract to which it relates.
A contract shall not be a PPP agreement by virtue of a PPP designation made after the making of the contract, except with the consent of the parties to the contract.
For the purposes of subsection (1) above “the appropriate authority” means—
as respects any direction issued before the transfer date, the Secretary of State; and
as respects any direction issued on or after that date, the Mayor.
In this Chapter, “key system assets” means— but does not include any property, rights or liabilities which, in accordance with the terms of, or by an amendment made to, the PPP agreement, have for the time being ceased to be designated as key system assets.
any property, rights or liabilities which are, or are of a description, designated by a relevant body as key system assets in a PPP agreement as originally made; and
any property, rights or liabilities which are designated, or are of a description designated, by a relevant body after the making of a PPP agreement as key system assets in accordance with the terms of, or by an amendment made to, the PPP agreement,
No rights or liabilities under contracts of employment shall be designated as key system assets.
The relevant authority shall keep a register of all key system assets for the time being, except as provided by subsection (3) below.
The register shall state—
the date on which any designation of a particular key system asset, or of a description of key system assets, was made; and
sufficient details of any particular key system asset, or any description of key system assets, designated as such to enable the key system assets to be identified.
The register need not contain an entry in respect of any particular key system asset or description of key system assets if the relevant authority, with the consent of the PPP company concerned, keeps the requisite copy documents available for inspection by the public at all reasonable hours free of charge.
For the purposes of this section the “requisite copy documents”, in the case of any particular key system asset or description of key system assets, are copies of— or of such extracts from those documents as disclose the designation or, as the case may be, the information concerned.
the document which contains the designation under paragraph (a) or (b) of section 213(1) above, and
such other documents (if any) as may be necessary to disclose the information which would (apart from subsection (3) above) be required to be stated in the register,
The register shall be available for inspection by the public free of charge at all reasonable hours.
A person inspecting the register, or any requisite copy documents available for inspection under subsection (3) above, may make copies of, or of extracts from, the register or requisite copy documents.
Where a PPP agreement is or has been entered into, the powers of the relevant authority include power to enter into and carry out other agreements with other persons in connection with the PPP agreement, whether or not there is any term in the PPP agreement relating to such other agreements.
Where—
a PPP agreement is or has been entered into, and
the PPP company or the relevant authority, or a subsidiary of the PPP company or relevant authority, enters into arrangements with another person (a “PPP related third party”)— subsection (3) below applies.
which do not constitute a PPP agreement, but
which involve the provision of property or rights for use for the purposes of or otherwise in connection with the PPP agreement,
Where this subsection applies, the relevant authority, or a subsidiary of the relevant authority, may enter into an agreement with the PPP related third party for the purpose of enabling the property or rights in question to be designated as, and to be, key system assets as if—
the agreement between the relevant authority or subsidiary and the PPP related third party were a PPP agreement, and
the PPP related third party were the PPP company under that agreement.
If and to the extent that key system assets are property or rights, a PPP company shall not, without the consent of the relevant authority,—
transfer or agree to transfer, or create or agree to create any security over, any of those key system assets or any interest in, or right over, any of those key system assets; or
create or extinguish, or agree to create or extinguish, any interest in, or right over, any of those key system assets.
If and to the extent that key system assets are liabilities, a PPP company shall not, without the consent of the relevant authority, enter into any agreement under which any such liability is released or discharged or transferred to some other person.
Any transaction which is entered into in contravention of subsection (1) or (2) above shall be void.
No execution or other legal process may be commenced or continued, and no distress may be levied, against any property which is, or rights which are, key system assets.
Where a PPP agreement makes provision for or in connection with the transfer to a successor body at any time— the relevant authority shall ensure that the PPP agreement includes provision specifying, or providing for the determination of, the amounts which are to be paid in respect of those shares or key system assets.
of any shares in a PPP company, or
of any key system assets,
In subsection (5) above, “successor body” means—
a relevant body;
a PPP company; or
a PPP related third party.
Any reference in this section to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.
In this section “security” has the meaning given by section 248(b) of the Insolvency Act 1986.
Transport for London may make schemes for the transfer of key system assets from any body falling within subsection (2) below to any other such body.
Those bodies are—
Transport for London;
any subsidiary of Transport for London;
any PPP company;
any PPP related third party.
A scheme under this section shall not take effect unless and until it has been approved by the Mayor.
The transfers which may be made by virtue of a scheme under this section include transfers taking effect before, on or after the expiration of the term of the PPP agreement or PPP related third party agreement by reference to which the transferor or transferee under the scheme falls within subsection (2) above.
No scheme under this section for the transfer of key system assets from or to— may be made otherwise than in accordance with the terms of the PPP agreement or PPP related third party agreement by reference to which the PPP company or PPP related third party falls within subsection (2) above.
a PPP company, or
a PPP related third party,
In this section—
any reference to key system assets includes a reference to property, rights or liabilities which have been or are to be such assets; and
any reference to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.
Schedule 12 to this Act (which makes further provision in relation to schemes under this section) shall have effect.
In this Chapter “PPP lease” means any lease—
which constitutes a PPP agreement;
which is entered into in accordance with a PPP agreement; or
which is designated as a PPP lease.
An instrument containing a PPP lease must also contain, or have endorsed upon it, a certificate—
signed by or on behalf of the parties to the lease, and
stating that the instrument contains a PPP lease.
Any designation for the purposes of paragraph (c) of subsection (1) above shall be made by the same person, and in the same manner, as if it were a PPP designation.
No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of an agreement between a relevant body and a PPP company as to the terms on which land which is the subject of a PPP lease is provided.
Accordingly no such enactment or rule of law applies in relation to the rights and obligations of the parties to a PPP lease—
so as to exclude or modify in any respect any of the rights and obligations of those parties under the terms of the PPP lease, whether with respect to the termination of the tenancy or any other matter;
so as to confer or impose on any party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the PPP lease, in addition to any such right or obligation provided for by the terms of the PPP lease;
so as to restrict the enforcement (whether by action for damages or otherwise) by any party to the PPP lease of any obligation of any other party under the PPP lease.
In this section “lease” includes an underlease and an agreement for a lease or underlease.
The Land Registration Act 1925 shall be amended in accordance with the following provisions of this section.
In section 3 (interpretation) after paragraph (xviii) there shall be inserted—
In section 8(2) (restriction on registering leasehold land held under a lease containing a prohibition or restriction on dealings inter vivos) at the beginning there shall be inserted “Leasehold land held under a PPP lease shall not be registered under this Act; and, subject to that,”.
In section 19 (registration of disposition of freeholds) in paragraph (a) of the proviso to subsection (2) (exception for leases not exceeding twenty-one years) after “twenty-one years” there shall be inserted “or of a PPP lease”.
In section 22 (registration of dispositions of leaseholds) in paragraph (a) of the proviso to subsection (2) (exception for underleases not exceeding twenty-one years) after “twenty-one years” there shall be inserted “or of an underlease which is a PPP lease”.
Any interest in land consisting of a PPP lease shall, unless registered or otherwise entered on the register, be an overriding interest for the purposes of the Land Registration Act 1925; but the registrar shall not be required by virtue of section 70(2) or (3) of that Act to enter any note or notice of any such lease, or of any claim to any such lease, in the register.
Accordingly, in section 70 (overriding interests)—
in subsection (1), after paragraph (k) there shall be inserted the following paragraph—; and
after subsection (3) there shall be inserted the following subsection—
In section 123 (compulsory registration: dispositions to which requirement to register applies) in subsection (6) (interpretation) the word “and” immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added; and.
A “PPP administration order” is an order of the court made in accordance with section 221, 222 or 223 below in relation to a PPP company and directing that, during the period for which the order is in force, the affairs, business and property of the company shall be managed, by a person appointed by the court,—
for the achievement of the purposes of such an order; and
in a manner which protects the respective interests of the members and creditors of the company.
The purposes of a PPP administration order made in relation to any company shall be—
the transfer to another company, or (as respects different parts of its undertaking) to two or more different companies, as a going concern, of so much of the company’s undertaking as it is necessary to transfer in order to ensure that the relevant activities may be properly carried on; and
the carrying on of those relevant activities pending the making of the transfer.
Schedule 14 to this Act shall have effect for applying provisions of the Insolvency Act 1986 where a PPP administration order is made.
Schedule 15 to this Act shall have effect for enabling provision to be made with respect to cases in which, in pursuance of a PPP administration order, another company is to carry on all or any of the relevant activities of a PPP company in place of that company.
Without prejudice to paragraph 20 of Schedule 14 to this Act, the power conferred by section 411 of the Insolvency Act 1986 to make rules shall apply for the purpose of giving effect to the PPP administration order provisions of this Act as it applies for the purpose of giving effect to Parts I to VII of that Act, but taking any reference in that section to those Parts as a reference to those provisions.
For the purposes of this Chapter, the “relevant activities”, in relation to a PPP company, are the activities carried out, or to be carried out, by that company in performing its obligations under the PPP agreement to which it is party.
In this section—
If, on an application made to the court by petition presented by the Mayor, the court is satisfied that either or both of the grounds specified in subsection (2) below is satisfied in relation to that PPP company, the court may make a PPP administration order in relation to that company.
The grounds mentioned in subsection (1) above are, in relation to any company,—
that the company is or is likely to be unable to pay its debts;
that, in a case in which the Secretary of State has certified that it would be appropriate for him to petition for the winding up of the company under section 124A of the 1986 Act (petition by the Secretary of State following inspectors' report etc), it would be just and equitable, as mentioned in that section, for the company to be wound up.
Notice of any petition under this section for a PPP administration order shall be given forthwith to such persons and in such manner as may be prescribed by rules made under section 411 of the 1986 Act; and no such petition shall be withdrawn except with the leave of the court.
Subsections (4) and (5) of section 9 of the 1986 Act (powers on application for administration order) shall apply on the hearing of the petition for a PPP administration order in relation to any company as they apply on the hearing of a petition for an administration order.
Subsections (1), (2), (4) and (5) of section 10 of the 1986 Act (effect of petition) shall apply in the case of a petition for a PPP administration order in relation to any company as if—
the reference in subsection (1) to an administration order were a reference to a PPP administration order; and
paragraph (b) of that subsection did require the leave of the court for the taking of any of the steps mentioned in paragraphs (b) and (c) of subsection (2) (appointment of, and exercise of functions by, administrative receiver).
For the purposes of this section a company is unable to pay its debts if—
it is a company which is deemed to be so unable under section 123 of the 1986 Act (definition of inability to pay debts); or
it is an unregistered company, within the meaning of Part V of the 1986 Act, which is deemed, by virtue of any of sections 222 to 224 of that Act, to be so unable for the purposes of section 221 of that Act (winding up of unregistered companies).
The functions of the Mayor under this section may be exercised by Transport for London acting as his agent, and where Transport for London so acts references to the Mayor shall be construed accordingly.
In this section—
“the court” has the same meaning as in section 220 above.
Where a petition for the winding up of a PPP company is presented by a person other than the Mayor, the court shall not make a winding-up order in relation to that company on that petition unless—
notice of the petition has been served on the Mayor; and
a period of at least fourteen days has elapsed since the service of that notice.
Where a petition for the winding up of a PPP company has been presented, the Mayor may, at any time before a winding-up order is made on the petition, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of a winding-up order.
Where, on a petition for the winding up of a PPP company, the court makes, or proposes to make, a PPP administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.
In this section “the court” has the same meaning as in section 220 above.
No resolution for voluntary winding up shall be passed by a PPP company without leave of the court granted on an application made for the purpose by the company.
No such leave shall be granted unless—
notice of the application has been served on the Mayor; and
a period of at least fourteen days has elapsed since the service of that notice.
Where an application for leave under subsection (1) above has been made by a PPP company, the Mayor may, at any time before leave has been granted under subsection (1) above, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of granting leave under subsection (1) above.
Where, on an application for leave under subsection (1) above, the court makes, or proposes to make, a PPP administration order by virtue of subsection (3) above, subsections (4) and (5) of section 9 of the Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that application as they apply on the hearing of a petition for an administration order.
No administration order under Part II of the Insolvency Act 1986 shall be made in relation to a PPP company unless—
notice of the application for the order has been served on the Mayor; and
a period of at least fourteen days has elapsed since the service of that notice.
Where an application for an administration order under Part II of the Insolvency Act 1986 has been made in the case of a PPP company, the Mayor may, at any time before such an order has been made on that application, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of an administration order under Part II of the I solvency Act 1986.
No step shall be taken by any person to enforce any security over a PPP company’s property, except where that person has served fourteen days' notice of his intention to take that step on the Mayor.
In this section—
In the PPP administration order provisions of this Act—
In the application of section 220(1) above in a case where the PPP company there mentioned is a foreign company, the reference to the affairs, business and property of the company shall be taken as a reference to the affairs and business of the company, so far as carried on in Great Britain, and the property of the company within Great Britain.
In the application of section 9(5) of the 1986 Act by virtue of subsection (4) of section 221 above or subsection (3) of section 222 above where the petition mentioned in the subsection in question relates to a company which is a foreign company, the reference to restricting the exercise of any powers of the directors or of the company shall be taken as a reference to restricting—
the exercise within Great Britain of the powers of the directors or of the company; or
any exercise of those powers so far as relating to the affairs, business or property of the company in Great Britain.
In the application of provisions in section 10 of the 1986 Act by virtue of subsection (5) of section 221 above where the company mentioned in that subsection is a foreign company—
paragraph (a) of subsection (1) shall be omitted;
any reference in paragraph (b) or (c) of that subsection 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;
in paragraph (c) of that subsection—
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
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 in subsection (2) to an administrative receiver shall be taken to include a reference to any person performing, in relation to the foreign company, functions equivalent to those of an administrative receiver, within the meaning of section 251 of the 1986 Act.
Subsections (1) to (4) of section 223 above shall not have effect in relation to a PPP company which is a foreign company.
In the application of subsection (7) of that section where the PPP company there mentioned is a foreign company, the reference to the company’s property shall be taken as a reference to such of its property as is for the time being situated in Great Britain.
In this section—
The Secretary of State may appoint a person to an office to be known as “the Public-Private Partnership Agreement Arbiter” (in this Chapter referred to as the “PPP arbiter”).
The PPP arbiter shall have the functions conferred or imposed on him by or under this Act.
The PPP arbiter shall be a corporation sole by the name of “the Public-Private Partnership Agreement Arbiter”.
If at any time no person holds the office of PPP arbiter, the Secretary of State shall appoint a person to that office if requested in writing to do so by a party to a PPP agreement.
A request under subsection (4) above must not include a request for a particular person to be appointed.
Before making an appointment under subsection (1) or (4) above, the Secretary of State shall consult such persons as he considers appropriate concerning—
the person to be appointed; and
the terms of the appointment.
The office of PPP arbiter may not be held by—
the Mayor;
an Assembly member;
the Authority or a member of staff of the Authority;
Transport for London or a subsidiary of Transport for London;
a member of Transport for London or a director of a subsidiary of Transport for London;
a member of staff of Transport for London or of a subsidiary of Transport for London; or
a director or employee of a PPP company or of a subsidiary of a PPP company or of a company of which a PPP company is a subsidiary.
A person appointed to be the PPP arbiter shall be appointed for such term as may be specified or described in the instrument appointing him and shall hold and vacate office as the PPP arbiter in accordance with the terms of his appointment.
There shall be paid to the PPP arbiter such remuneration, and such travelling and other allowances, as the Secretary of State may determine.
There shall be paid such pension, allowance or gratuity to or in respect of the PPP arbiter, or such contributions or payments towards provision for such a pension, allowance or gratuity, as the Secretary of State may determine.
A person may resign from office as the PPP arbiter at any time by giving notice to the Secretary of State.
The Secretary of State may remove a person from office as the PPP arbiter—
on the ground of incapacity or misbehaviour; or
where the Secretary of State considers that there has been unreasonable delay in the discharge of the functions of the PPP arbiter.
The PPP arbiter may appoint such staff as he may determine, subject to any restrictions contained in the terms of his appointment.
The staff of the PPP arbiter shall be appointed on such terms and conditions as he shall determine, subject to any restrictions contained in the terms of his appointment.
Any function of the PPP arbiter may be exercised by any member of his staff authorised for the purpose by him or, if there is no person who holds the office of PPP arbiter, by the Secretary of State whether specially or generally.
If at any time the offices of Rail Regulator and PPP arbiter are held by the same person, subsections (2) and (3) below shall apply until such time as those offices are next held by different persons.
Where this subsection applies, any member of the Rail Regulator’s staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of the PPP arbiter’s staff of similar status.
Where this subsection applies, any member of the PPP arbiter’s staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of the Rail Regulator’s staff of similar status.
Subsections (2) and (3) above apply notwithstanding anything in the terms or conditions of employment of the member of staff concerned.
A PPP agreement may provide for matters of any description specified in the agreement to be referred to the PPP arbiter.
A party to a PPP agreement may refer to the PPP arbiter for direction any matter of a description specified in a provision of that agreement by virtue of subsection (1) above.
Where a matter is referred under this section to the PPP arbiter for direction he—
shall give a direction in relation to that matter; and
may give a direction in relation to any other matter which is ancillary or incidental to the matter referred.
The directions that may be given under subsection (3) above include directions relating to the inclusion of new terms in, or the variation of existing terms of, the PPP agreement in question.
The PPP arbiter shall give notice of any direction under subsection (3) above to the parties to the PPP agreement in question.
A direction under subsection (3) above shall be final and binding— and shall, if and to the extent that the notice given under subsection (5) above so provides, take effect as a term of the PPP agreement.
on the parties to the PPP agreement in question, and
on any persons claiming through or under those parties,
Where a direction has been given under subsection (3) above, the parties to the PPP agreement in question may jointly agree that subsection (6) above is not to have effect in relation to that direction.
Any matter relating to a PPP agreement may be referred to the PPP arbiter for consideration by him—
by all the parties to the PPP agreement acting jointly, if they so agree; or
by any party to the PPP agreement.
Where a matter is referred by virtue of subsection (1) above to the PPP arbiter for consideration he shall consider the matter and—
if the matter was referred under paragraph (a) of that subsection, shall give to the parties who referred the matter such guidance as he considers appropriate; or
if the matter was referred under paragraph (b) of that subsection, may give to the parties to the PPP agreement such guidance as he considers appropriate.
The guidance which may be given by the PPP arbiter by virtue of subsection (2) above includes guidance about any matter which he considers relevant to the PPP agreement in question.
Where the PPP arbiter has given any guidance under this section in relation to a matter which is subsequently referred to him for direction under subsection (3) of section 229 above, the direction which may be given by the PPP arbiter under that subsection is not restricted by that guidance.
In giving in relation to a PPP agreement— the PPP arbiter shall act in the way he considers best calculated to achieve the objectives specified in subsections (2) to (5) below.
any direction under section 229(3) above, or
any guidance under section 230(2) above,
The objective specified in this subsection is to ensure that an opportunity to review and amend the requirements imposed, or proposed to be imposed, on a PPP company by or under the PPP agreement in question is afforded to the appropriate relevant body if, in the opinion of the PPP arbiter, the proper price for the performance of those requirements exceeds the resources which that relevant body has notified to the PPP arbiter that it has, or expects to have, available for the purpose.
The objective specified in this subsection is to promote efficiency and economy— of the railway infrastructure to which the PPP agreement in question relates.
in the provision, construction, renewal, or improvement, as the case may be, and
in the maintenance,
The objective specified in this subsection is to ensure that any rate of return incorporated in the PPP agreement in question would, in the opinion of the PPP arbiter,— be earned by a company which is efficient and economic in its performance of the requirements imposed on the PPP company by or under the PPP agreement.
taking into account such matters as may be specified in the PPP agreement, and
leaving out of account such other matters as may be so specified,
The objective specified in this subsection is to enable any PPP company which is a party to the PPP agreement in question to plan the future performance of the agreement with reasonable certainty.
In giving any such direction or guidance as is mentioned in subsection (1) above the PPP arbiter is to take account of any factors which—
are notified to him by the parties to the PPP agreement in question, acting jointly, as factors to which he must have regard when giving the direction or guidance in question, or
are factors specified or described in the PPP agreement in question as factors to which the PPP arbiter must have regard in giving any direction under section 229(3) above or any guidance under section 230(2) above.
For the purposes of subsection (4) above, a rate of return is “incorporated in a PPP agreement” if, and only if, the PPP agreement—
contains provision specifying, or for determining, the rate of return which the PPP company in question might reasonably expect to earn; and
states that subsection (4) above is to have effect in relation to that provision.
In this section “railway infrastructure” means the railway or proposed railway in question and includes a reference to any stations, rolling stock or depots used or to be used in connection with that railway.
For the purposes of the proper discharge of the functions conferred or imposed on him by or under this Act, the PPP arbiter may—
carry out inspections of such of the railway infrastructure or equipment belonging to, or under the control of, any party to a PPP agreement as he considers appropriate;
consult such bodies or persons as he considers appropriate in relation to any direction or guidance given or proposed to be given by him;
do all such things as he considers appropriate for or in connection with the giving of a direction under section 229(3) above or guidance under section 230(2) above; and
do such other things as he considers necessary or expedient.
The powers conferred on the PPP arbiter by this section and section 233 below are exercisable for purposes preparatory or ancillary to the giving of directions or guidance under this Chapter generally and notwithstanding that there is no matter in relation to which a direction under section 229(3) above, or guidance under section 230(2) above, is required.
In this section “railway infrastructure” has the same meaning as in section 231 above.
Any person falling within subsection (2) below shall, at the request of the PPP arbiter, provide him with such information as the PPP arbiter considers relevant to the proper discharge of the functions conferred or imposed on him by or under this Act and as may be specified or described in the request.
The persons who fall within this subsection are—
any party to a PPP agreement;
any associate of a party to a PPP agreement; and
any PPP related third party.
The information shall be provided in such form and manner, and within such time, as may be specified in the request.
A person is not obliged by virtue of this section 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 and Wales.
For the purposes of subsection (2)(b) above, “associate”, in relation to a party to a PPP agreement, means—
a parent undertaking of that party;
a subsidiary undertaking of any parent undertaking of that party;
a subsidiary undertaking of that party; or
an undertaking in which that party, or any undertaking falling within paragraphs (a) to (c) above, has a participating interest.
For the purposes of subsection (5) above—
If a person fails to comply with a request under section 233(1) above, the PPP arbiter may serve a notice on that person requiring him—
to produce to the PPP arbiter, 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
to provide to the PPP arbiter, 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.
No person shall be required under this section—
to produce any documents which he could not be compelled to produce in civil proceedings in the court; or
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.
A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under subsection (1) above is guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum; or
on conviction on indictment, to a fine.
If a person makes default in complying with a notice under subsection (1) above, the court may, on the application of the PPP arbiter, make such order as the court thinks fit for requiring the default to be made good.
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.
In this section—
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
the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
In this section “the court” means the High Court.
Subject to the following provisions of this section, no information with respect to any particular business which— shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
has been obtained by the PPP arbiter under or by virtue of any of the provisions of this Chapter, and
relates to the affairs of any individual or to any particular business,
Subsection (1) above does not apply to any disclosure of information which is made—
for the purpose of facilitating the carrying out by the Secretary of State, the Mayor of London, Transport for London or the PPP arbiter of any of his or, as the case may be, its functions under this Act;
for the purpose of facilitating the carrying out by the Secretary of State, the Rail Regulator, the Franchising Director, the Competition Commission or the Mayor of any of his or, as the case may be, its functions under the Railways Act 1993;
for the purpose of facilitating the carrying out by— of any of his or, as the case may be, its functions under any of the enactments or instruments specified in subsection (3) below;
any Minister of the Crown,
the Director General of Fair Trading,
the Competition Commission,
the Director General of Telecommunications,
the Director General of Gas Supply,
the Director General of Water Supply,
the Director General of Electricity Supply,
the Civil Aviation Authority,
the Insolvency Practitioners Tribunal, or
a local weights and measures authority in Great Britain,
for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed under the enactments relating to companies to carry out his functions;
for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such;
for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;
for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
for the purpose of facilitating the carrying out by the International Rail Regulator of any of his functions under any subordinate legislation made for the purpose of implementing—
the Directive of the Council of the European Communities dated 29th July 1991 on the development of the Community’s railways; or
Council Directive 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructure fees;
in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or
in pursuance of a Community obligation.
The enactments and instruments referred to in subsection (2) above are—
the Trade Descriptions Act 1968;
the Fair Trading Act 1973;
the Consumer Credit Act 1974;
the Restrictive Trade Practices Act 1976;
the Resale Prices Act 1976;
the Estate Agents Act 1979;
the Competition Act 1980;
the Telecommunications Act 1984;
the Airports Act 1986;
the Gas Act 1986;
the Insolvency Act 1986;
the Consumer Protection Act 1987;
the Electricity Act 1989;
the Property Misdescriptions Act 1991;
the Water Industry Act 1991;
the Water Resources Act 1991;
the Railways Act 1993;
any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.
The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.
The prohibition imposed by subsection (1) above shall be enforceable by civil proceedings— for an injunction or for any other appropriate relief or remedy.
by the individual mentioned in that subsection, or
by the person for the time being carrying on the business there mentioned,
In this section “the Franchising Director” means the Director General of Passenger Rail Franchising.
The PPP arbiter is not liable for anything done or omitted in the discharge or purported discharge of his functions as the PPP arbiter unless the act or omission is shown to have been in bad faith.
Subsection (1) above applies to a member of the staff of, or an agent of, the PPP arbiter as it applies to the PPP arbiter.
The following expenses, namely— shall be defrayed by the Secretary of State.
any sums payable by virtue of section 226(2) or (3) above, and
any expenses duly incurred by the PPP arbiter or by any staff of the PPP arbiter,
A relevant body which is a party to a PPP agreement shall pay to the Secretary of State, at such times as he may direct, such sums as the Secretary of State may determine in respect of expenses defrayed by the Secretary of State under subsection (1) above.
A PPP agreement may provide that sums paid by a relevant body by virtue of subsection (2) above, or any portion of such sums as may be specified or described in the PPP agreement, may be recovered by the relevant body from a PPP company which is a party to the PPP agreement.
Where a PPP agreement includes provision by virtue of subsection (3) above making any sum recoverable by a relevant body, the directions which may be given under section 229(3) above include directions varying the amount so recoverable.
Sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund.
Where, by virtue of a PPP agreement, statutory functions relating to a railway are exercisable by a PPP company, the PPP company shall, as respects any matter arising from the carrying out of the subject-matter of the PPP agreement, be taken to be authorised by an enactment to carry on a railway undertaking.
In this Chapter, unless the context otherwise requires—
Any reference in this Chapter to a railway includes a reference to any stretch of track comprised in a railway.
Subject to subsection (3) below, any local authority, or any two or more local authorities acting jointly, may enter into arrangements with Transport for London under which—
Transport for London grants, or arranges with some other person for that other person to grant, such travel concessions as may be provided for by the arrangements to any persons eligible to receive them in accordance with subsection (5) below; and
that local authority reimburses (or, as the case may be, those local authorities in such proportions respectively as they may agree amongst themselves reimburse) the cost incurred in granting those concessions.
Subject to subsection (3) below, any London authority, or any two or more London authorities acting jointly, may enter into, with any independent transport service operator or with the Franchising Director, arrangements under which—
that operator or (as the case may be) the Franchising Director grants such travel concessions as may be provided for by the arrangements to any persons eligible to receive them in accordance with subsection (5) below; and
that authority reimburses (or, as the case may be, those authorities in such proportions respectively as they may agree among themselves reimburse) the cost incurred in granting those concessions.
The concessions that may be provided for by any arrangements under subsection (1) or (2) above are concessions on journeys—
between places in Greater London;
between such places and places outside but in the vicinity of Greater London; or
between places outside but in the vicinity of Greater London.
Any arrangements entered into by a local authority under subsection (1) or (2) above may include provision for the performance of functions in connection with the travel concessions in question by the local authority or local authorities concerned.
The persons eligible to receive travel concessions under arrangements made under subsection (1) or (2) above are persons, or any description of persons,—
who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995);
who are so blind as to be unable to perform any work for which sight is essential; or
who suffer from a disability or injury which, in the opinion of the local authority or any of the local authorities by whom the cost incurred in granting the concessions falls to be reimbursed, seriously impairs their ability to walk.
In subsection (2) above “independent transport service operator” means any person, other than a person to whom subsection (7) below applies, operating—
a public service vehicle undertaking (“public service vehicle” for this purpose having the meaning given by section 1 of the Public Passenger Vehicles Act 1981);
a system using guided transport within the meaning of subsection (1) of section 67 of the Transport and Works Act 1992;
a railway within the meaning of that subsection;
a tramway within the meaning of that subsection;
a trolley vehicle system within the meaning of that subsection; or
an undertaking providing public passenger transport services on the river Thames or a tributary of the river Thames between places in Greater London or between places in Greater London and places outside Greater London.
This subsection applies to—
Transport for London or any of its subsidiaries;
the Franchising Director; and
any person providing public passenger transport services in pursuance of an agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement.
In this Chapter—
For the purposes of this Chapter a reference to an agreement entered into by Transport for London under section 156(2) or (3) above includes a reference to an agreement—
which was entered into by London Regional Transport under section 3(2) or (2A) of the London Regional Transport Act 1984, and
which by virtue of section 300 or 415 below has effect as if made by Transport for London.
If immediately before 1st January in any financial year it appears to Transport for London that there are not for the time being in force arrangements under section 240(1) above for travel concessions for London residents which— there shall have effect during that next following financial year a scheme (the “free travel scheme”) for the purpose of ensuring that travel concessions are provided for eligible London residents.
meet the requirements of section 242 below as to scope,
meet the requirements of section 243 below as to uniformity, and
will apply throughout the next following financial year,
Where individual arrangements under section 240(1) above made between a particular local authority or local authorities and Transport for London apply to certain eligible London residents only, all arrangements so made shall be considered together for the purpose of determining whether the requirements of sections 242 and 243 below are satisfied.
In any financial year during which the free travel scheme has effect it shall be the duty of Transport for London to provide or secure the provision of the travel concessions for eligible London residents required by the free travel scheme.
In this Chapter “eligible London residents” means persons resident in Greater London who are eligible in accordance with section 240(5) above to receive travel concessions under arrangements under subsection (1) of that section.
Schedule 16 to this Act (which makes further provision relating to the free travel scheme) shall have effect.
Arrangements under section 240(1) above for travel concessions for London residents meet the requirements of this section as to scope if they provide for the grant of travel concessions to all eligible London residents on journeys falling within subsection (2) below.
Those journeys are journeys of a description falling within section 240(3) above, on the London Local Transport Network.
For the purposes of this Chapter, the London Local Transport Network consists of—
bus services which together make up the London bus network within the meaning of section 181 above;
services using a system of guided transport which are provided by Transport for London or under an agreement entered into by Transport for London under section 156(2) or (3)(a) above or under a transport subsidiary’s agreement;
railway services which are so provided;
tramway services which are so provided; and
services on the river Thames or a tributary of the river Thames which are so provided.
In subsection (3) above “guided transport”, “railway” and “tramway” have the same meanings as in section 240(6) above.
The requirements of this section as to scope do not preclude the imposition of terms, limitations or conditions with respect to the particular journeys falling within subsection (2) above on which travel concessions are available.
Such terms, limitations or conditions may make different provision for different categories of eligible London residents.
In this Chapter a reference to a category of eligible London residents is a reference to the categories of such residents mentioned in paragraphs (a), (b) and (c) of section 240(5) above.
Arrangements under section 240(1) above for travel concessions for London residents meet the requirements of this section as to uniformity if they— whether or not, in any other respects, the arrangements make different provision for different cases to which they apply.
make the same provision, for all eligible London residents of the same category, with respect to the benefit of any travel concession granted to those residents under the arrangements and the periods during which it is available;
make the enjoyment of the benefit of any travel concession granted under the arrangements conditional on the production, by any person seeking to travel under that concession, of a travel concession permit issued to him in accordance with the arrangements; and
make the same provision with respect to the period of validity of all travel concession permits issued in accordance with the arrangements to eligible London residents of the same category,
References in subsection (1) above to the benefit of a travel concession are references to the waiver or reduction of any fare or charge to which the arrangements in question apply, as distinct from any terms, limitations or conditions applicable to that waiver or reduction in accordance with the arrangements.
For the requirements of this section as to uniformity to be met it is sufficient that those requirements are met in relation to each description of services comprising the London Local Transport Network individually.
The reference in subsection (3) above to a description of services is a reference to the descriptions mentioned in paragraphs (a) to (e) of section 242(3) above.
In this Chapter “travel concession permit” means, in relation to a travel concession granted under or by virtue of this Chapter, a document in any form indicating that the person to whom it is issued is a person entitled in accordance with the provisions of this Chapter to receive the concession in question.
If all the London authorities enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint discharge of their functions under— and the arrangements so provide, then this section shall apply.
subsection (1) of section 240 above, or
subsection (2) of that section,
The arrangements shall have effect for such period as may be specified in the arrangements or until otherwise terminated by the unanimous decision of the London authorities.
The arrangements must provide for the function to be discharged only by a joint committee under section 101(5)(a) of the Local Government Act 1972.
The joint committee must consist of one member of each London authority.
Decisions of the joint committee must be unanimous decisions of those present and voting.
Subsection (5) above is subject to a resolution of the joint committee, passed unanimously by those present and voting, that— may be made by such majority of those present and voting as may be specified in the resolution.
decisions of a kind specified in the resolution, or
decisions generally,
The majority specified in a resolution under subsection (6) above must be not less than two-thirds of the members of the joint committee.
In consequence of the preceding provisions of this section—
section 102 of the Local Government Act 1972 (appointment of committees) has effect in relation to the joint committee subject to those provisions; and
paragraph 39(1) of Schedule 12 to that Act (questions to be decided by simple majority), as applied to a joint committee by paragraph 44(1) of that Schedule, does not have effect in relation to the joint committee.
Schedule 17 to this Act shall have effect for the purpose of providing for the payment of penalty fares in the circumstances set out in that Schedule.
Section 40 of the London Regional Transport Act 1984 (which established the London Regional Passengers' Committee) shall cease to have effect.
Any appointment to the London Regional Passengers' Committee in pursuance of that section shall cease to have effect.
There shall be a body corporate to be known as the London Transport Users' Committee, referred to in this Chapter as “the Committee”.
The Committee shall consist of— appointed by the Assembly after consultation with the Rail Regulator.
a Chairman, and
not more than twenty-four other members,
In appointing members under subsection (2) above, the Assembly shall have regard to the desirability of ensuring that the members of the Committee between them represent the interests of—
those who use passenger transport facilities and services in Greater London, and
those who use rail passenger transport facilities and services in the area for which the Committee is treated as the Rail Users' Consultative Committee by virtue of section 2(4) of the Railways Act 1993.
A person may not be appointed under subsection (2) above if he is—
an Assembly member,
a member of Transport for London,
a member of staff of Transport for London, or
a member of staff of the Authority.
If, at any time after he is appointed, a member of the Committee becomes a person within subsection (4)(a) to (d) above, he shall cease to be a member of the Committee.
The Assembly may designate one or more members of the Committee to be deputy chairman or (as the case may be) deputy chairmen of the Committee.
Schedule 18 to this Act shall have effect with respect to the Committee.
The Committee shall consider and, where it appears to the Committee to be desirable, make recommendations with respect to, any matter—
affecting the functions of the Authority or Transport for London which relate to transport, and
falling within subsection (3) below, other than a matter relating to the transportation of freight.
The matters falling within subsection (1)(a) above include in particular any matter relating to—
services or facilities provided by Transport for London or any of its subsidiaries,
services or facilities provided in pursuance of an agreement entered into by Transport for London or in pursuance of a transport subsidiary’s agreement,
services or facilities otherwise authorised by Transport for London to be provided,
a hackney carriage or a person licensed to be the driver of a hackney carriage, or
a private hire vehicle or a person who holds a private hire vehicle driver’s licence or a private hire vehicle operator’s licence.
A matter falls within this subsection—
if it has been the subject of representations (other than representations appearing to the Committee to be frivolous) made to the Committee by or on behalf of users of—
any of the services or facilities mentioned in subsection (2) above, or
hackney carriages or private hire vehicles,
if it has been referred to the Committee by Transport for London or the Authority, or
if it otherwise appears to the Committee to be a matter to which consideration ought to be given.
Where a representation is made to the Committee in respect of a matter relating to a highway for which Transport for London is the highway authority and the traffic authority, the Committee shall in making any recommendation under subsection (1) above consider the interests of all those who use the highway for the purposes of passenger transport, including cyclists and pedestrians.
Where a representation is made to the Committee about a matter— the Committee shall refer the matter to the person whom the Committee considers the most appropriate to consider the matter.
which relates to passenger transport by land or water in Greater London, but
which is not a matter the Committee must consider by virtue of subsection (1) above,
Where a representation is made to the Committee about a matter falling within subsection (2)(d) or (e) above and the matter relates to— the Committee shall refer the matter to Transport for London and shall notify the person who made the representation of the referral.
any contravention of, or failure to comply with, any rule of law, or
any breach of condition of a licence which has been granted by Transport for London,
Where the Committee refers a matter under subsection (5) above, the Committee shall inform the person who made the representation of the name of the body or person to whom the matter has been referred.
In this section—
The Committee may enter into arrangements with any person providing public passenger transport services or facilities in Greater London under which the Committee may consider any matter—
which relates to such transport services or facilities provided by that person, but
which is not a matter falling within section 248(1) above.
Arrangements under subsection (1) above shall be on such terms as may be agreed by the parties but may in particular include provision for the person with whom the Committee enters into the arrangements to make such payments by way of reimbursement of costs incurred by the Committee under the arrangements as the arrangements may specify.
Arrangements under this section may be entered into by the Committee only with the consent of the Assembly.
Copies of the minutes, conclusions and recommendations of the Committee with respect to any matter shall be sent—
to the Assembly,
to the Mayor, and
to Transport for London.
The Committee shall make an annual report to the Assembly and the Rail Regulator.
Where the Assembly, the Mayor or Transport for London reach a decision with respect to matters dealt with in any recommendation received under subsection (1) above, the decision shall be notified to the Committee.
The Assembly may issue to the Committee—
guidance as to the manner in which they are to exercise their functions, or
general directions as to the manner in which they are to exercise their functions.
The Committee shall exercise their functions in accordance with such guidance or directions as may be issued by the Assembly under subsection (1) above.
Any guidance or directions issued under subsection (1) above must be issued in writing and notified to such officer of the Committee as the Committee may from time to time nominate to the Assembly for the purpose.
In section 2(4) of the Railways Act 1993 (London Regional Passengers' Committee to be the Rail Users' Consultative Committee for Greater London), for “London Regional Passengers' Committee” there shall be substituted “London Transport Users' Committee”.
Schedule 19 to this Act (which contains amendments of enactments relating to the London Regional Passengers' Committee in consequence of the substitution for that committee of the London Transport Users' Committee) shall have effect.
Schedule 20 to this Act (which makes provision about hackney carriages) shall have effect.
Except as provided by the following provisions of this section, the functions of the Secretary of State under the Private Hire Vehicles (London) Act 1998 are transferred by this subsection to Transport for London.
Subsection (1) above does not apply to any functions of the Secretary of State under section 37, 38 or 40 of that Act (transitional provisions, financial provisions and commencement etc).
Schedule 21 to this Act (which makes amendments to the Private Hire Vehicles (London) Act 1998 in consequence of subsections (1) and (2) above) shall have effect.
Any regulations made, licence issued, authorisation granted, or other thing done under the Private Hire Vehicles (London) Act 1998, other than section 37, 38 or 40, by or in relation to the Secretary of State before the coming into force of this section shall have effect as from the coming into force of this section as made, issued, granted or done by or in relation to Transport for London.
Where, by virtue of the coming into force of section 323 below, the whole or any part of the area of a district council ceases to be within the metropolitan police district, the following provisions of this section shall have effect.
The provisions of the Town Police Clauses Act 1847 with respect to hackney carriages, as incorporated in the Public Health Act 1875, shall apply throughout the council’s area.
The council’s area shall constitute a single licensing area for the purposes of those provisions, without the passing of any resolution under Part II of Schedule 14 to the Local Government Act 1972 (extension resolutions).
The provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 (hackney carriages and private hire vehicles) shall also apply throughout the council’s area, without the passing of any resolution under section 45 of that Act (application of Part II).
Where an order is made under section 425 below bringing section 323 below into force, the provision that may be made by virtue of section 420 or 425 below includes provision enabling or facilitating— in relation to hackney carriages or private hire vehicles by a district council falling within subsection (1) above in preparation for the coming into force of this section.
the making of byelaws,
the issuing of licences, discs or plates, and
the establishment and operation of a licensing system,
The provision that may be made by virtue of subsection (5) above includes provision for the application of any enactment with or without modification.
Subsections (5) and (6) above are without prejudice to the provision that may be made by virtue of sections 420 and 425 below.
Subject to subsection (2) below, Transport for London may provide or secure the provision of such amenities and facilities as it considers would benefit persons using any waterway.
Before commencing any works for the purposes of exercising the powers under subsection (1) above, Transport for London shall—
comply with any requirement in an enactment to obtain a licence or consent in respect of the works, or
if there is no such requirement, obtain the consent to the works of any person who is under a duty to maintain the waterway to which they relate.
The duty of the Secretary of State under section 16 of the Metropolitan Board of Works (Various Powers) Act 1885 to work a ferry-boat across the River Thames is transferred to Transport for London by this section.
This section applies where—
a landing place was transferred to London Regional Transport or any of its subsidiaries on or after 31st March 1999 but before this section comes into force, or
after this section comes into force a landing place is transferred to London Regional Transport or any of its subsidiaries pursuant to an agreement made on or after 31st March 1999 but before this section comes into force.
In this section “qualifying landing place”—
means a landing place transferred as mentioned in subsection (1)(a) or (b) above, and
includes any property associated with the landing place and transferred with it.
Any agreement — shall have effect on and after the relevant date in accordance with subsections (4) to (6) below.
made between the transferor of a qualifying landing place and the owner of a vessel, or with a waterman in respect of a vessel not owned by him, and
which concerns the use of the qualifying landing place by the vessel,
The agreement shall have effect as if— and this subsection shall apply whether or not the agreement is capable of being assigned or transferred.
the transferee had been a party to the agreement instead of the transferor;
for any reference to the transferor there were substituted a reference to the transferee;
any reference to any officer or member of staff of the transferor were a reference to such person as the transferee may appoint or, in default of appointment, to the officer or member of staff of the transferee who most closely corresponds to the transferor’s officer or member of staff;
An agreement shall only have effect in accordance with subsection (4) above—
to the extent that the agreement concerns the use of the qualifying landing place by the vessel, and
in relation to things falling to be done under the agreement on or after the relevant date.
An agreement shall not have effect in accordance with subsection (4) above to the extent that the transferor and the transferee have made contrary provision.
For the purposes of this section—
Section 1 of the Highways Act 1980 (highway authorities: general provisions) shall be amended as follows.
After subsection (2) there shall be inserted—
In subsection (3) (highways for which a London borough council or the Common Council is the highway authority) after “which are not” there shall be inserted “for the time being GLA roads or”.
In section 2(1) of the Highways Act 1980 (highway authority for road which ceases to be a trunk road) for paragraph (b) (roads in London boroughs) there shall be substituted—.
After subsection (2) there shall be added—
After section 14 of the Highways Act 1980 there shall be inserted—
After section 14A of the Highways Act 1980 there shall be inserted—
After section 14B of the Highways Act 1980 there shall be inserted—
After section 14C of the Highways Act 1980 there shall be inserted—
In section 325 of the Highways Act 1980 (regulations, schemes and orders)—
in subsection (1)(d) (power to confirm orders exercisable by statutory instrument, except as there mentioned)—
after “sections 14,” there shall be inserted “14B,”, and
for “and 124” there shall be substituted “, 124 and 266B”;
in subsection (2)(b) (orders subject to negative parliamentary procedure) after “section” there shall be inserted “14A or”.
Section 326 of the Highways Act 1980 (revocation or variation of schemes and orders) shall be amended as follows.
In subsection (2) (orders made otherwise than by statutory instrument)—
after “section 14,” there shall be inserted “14B,”, and
for “or 124” there shall be substituted “, 124 or 266B”.
In subsection (6) (orders which may make consequential provision)—
after “section 14,” there shall be inserted “14A, 14B,”, and
for “or 124” there shall be substituted “, 124 or 266B”.
“GLA road” shall be construed in accordance with section 14D(1) above;
After section 266 of the Highways Act 1980 there shall be inserted—
After section 266A of the Highways Act 1980 there shall be inserted—
After section 301 of the Highways Act 1980 there shall be inserted—
After section 301A of the Highways Act 1980 there shall be inserted—
The Highways Act 1980 shall be amended as follows.
In section 90A(1) (construction of road humps by highway authority) at the end of paragraph (b) there shall be insertedor
After section 90C there shall be inserted—
After section 90D(4) there shall be inserted—
In section 90E(1) for the words from “Where” to “satisfied” there shall be substituted “Where the requirements of subsections (1A), (1B) or (1C) are satisfied in relation to a road hump”.
After section 90E(1) there shall be inserted—
Section 90E(3) shall be omitted.
The Highways Act 1980 shall be amended as follows.
In section 90G(1) (powers to carry out traffic calming works) at the end of paragraph (b) there shall be insertedor.
In section 90G(2) for “subsection (1)” there shall be inserted “subsection (1)(a) or (b)”.
After section 90G there shall be inserted—
In section 90I for the words from “Works” to “authorisation” there shall be substituted—.
At the end of section 90I there shall be inserted—
Schedule 22 to this Act (which contains amendments to the Highways Act 1980 and the Town and Country Planning Act 1990) shall have effect.
Section 121A of the Road Traffic Regulation Act 1984 (traffic authorities) shall be amended as follows.
After subsection (1) there shall be inserted—
In subsection (2) (London borough council or Common Council to be traffic authority for roads in the borough or the City for which the Secretary of State is not the traffic authority) after “in the City” there shall be inserted “which are not GLA roads and”.
After section 124 of the Road Traffic Regulation Act 1984 there shall be inserted—
Section 73 of the Road Traffic Regulation Act 1984 (powers and duties of local traffic authorities in Greater London in respect of traffic signs) shall be amended as follows.
In subsection (1) (power to fix traffic signs to lamp-posts etc in connection with orders under section 6 or 9)—
after “proposed by them,” there shall be inserted “Transport for London,”;
the words “in their area” shall be omitted; and
after “whether or not belonging to” there shall be inserted “Transport for London or”.
After subsection (1) there shall be inserted—
In subsection (2) (duty of London borough council and Common Council as to maintenance, alteration and removal of traffic signs in their area)—
for “their area” there shall be substituted “Greater London”; and
for “the council of a London borough and of the Common Council of the City of London” there shall be substituted “the appropriate traffic authority”.
After subsection (2) there shall be inserted—
At the end of the section there shall be inserted—
In consequence of the provisions of this section, the sidenote to the section becomes “Powers and duties of local traffic authorities in Greater London in respect of traffic signs.”
Section 74 of the Road Traffic Regulation Act 1984 (affixing of signs to walls) shall be amended as follows.
In subsection (1) (which confers the power)—
before “the council of a London borough” there shall be inserted “Transport for London and”; and
after “shall” there shall be inserted “each”.
After subsection (1) there shall be inserted—
In subsection (8) (no derogation from certain other powers) after “the powers of” there shall be inserted “Transport for London or”.
So far as relating to— the functions transferred to the Secretary of State by orders under paragraph 10 of Schedule 5 to the Local Government Act 1985 are transferred to Transport for London by this subsection.
GLA roads, and
roads in Greater London which are neither GLA roads nor trunk roads,
The functions referred to in subsection (1) above are the functions conferred by sections 65, 73, 74 and 75 of the Road Traffic Regulation Act 1984 in respect of traffic signs which are traffic light signals controlling the movement of any class of road traffic (including pedestrians).
Any expenses reasonably incurred by or on behalf of Transport for London in the exercise, in relation to roads which are not GLA roads, of the functions transferred by this section may be recovered by Transport for London from the London borough councils and the Common Council in such proportions as may be agreed between Transport for London and those authorities or, in default of agreement, as may be determined by Transport for London.
Any reference in this section to a GLA road includes a reference to a GLA side road.
After section 74 of the Road Traffic Regulation Act 1984 there shall be inserted—
After section 74A of the Road Traffic Regulation Act 1984 there shall be inserted—
After section 74B of the Road Traffic Regulation Act 1984 there shall be inserted—
Section 39 of the Road Traffic Act 1988 (powers of Secretary of State and local authorities as to giving road safety information and training) shall be amended as follows.
For subsection (2) (duty of local authority to prepare and carry out measures to promote road safety etc) there shall be substituted—
In subsection (3) (duty of local authority to carry out and act upon studies into accidents arising out of the use of vehicles on roads in their area, other than trunk roads) for the words preceding paragraph (a) there shall be substituted “Each relevant authority—”.
In paragraph (a) of that subsection (the duty to carry out the studies)—
after “use of vehicles” there shall be inserted—;
after “other than” there shall be inserted “GLA roads or”; and
at the end there shall be addedor.
After subsection (3) there shall be inserted—
In subsection (4) (definitions) the following definitions shall be inserted at the appropriate places— “GLA road” has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);
“local implementation plan”, in relation to a London council, means the plan prepared by the council under section 145 of the Greater London Authority Act 1999; “London council” means a London borough council or the Common Council of the City of London; “the Mayor of London’s transport strategy” means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999.
Section 2 of that Act (duty of principal councils to make reports) shall be amended as follows.
In subsection (3) (information or proposals which relate to levels of local road traffic and are required by guidance under subsection (6)) in paragraph (b), after “guidance under subsection (6)” there shall be inserted “or (in the case of a report prepared by a London council) directions under subsection (6A)”.
After subsection (4), there shall be inserted—
After subsection (6) there shall be inserted—
In subsection (7)(a) (report to be sent to the Secretary of State) after “Secretary of State” there shall be inserted “and, if the council is a London council, send a copy of the report to the Mayor of London”.
Section 45 of the Road Traffic Regulation Act 1984 (designation of paying parking places on highways) shall be amended as follows.
In subsection (1), in the second paragraph (which requires a local authority outside Greater London which is not the traffic authority to obtain the consent of the traffic authority to any designation) the words “outside Greater London” shall cease to have effect.
After subsection (1) there shall be inserted—
In subsection (7), in the definition of “local authority”, at the end of paragraph (a) there shall be added “or Transport for London”.
In subsection (7), in the definition of “the local authority”, after the words “in whose area the site is” there shall be addedunless the site is in Greater London, in which case—
After subsection (7) there shall be added—
Section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to designation orders) shall be amended as follows.
In subsection (1)(a) (accounts in respect of parking places on the highway in the case of London borough councils and the Common Council) after “in the case of” there shall be inserted “Transport for London,”.
In subsection (3A) (London borough councils and Common Council to report to Secretary of State on action taken with respect to deficit or surplus on their parking account)—
at the beginning there shall be inserted “Transport for London,”; and
for “Secretary of State” there shall be substituted “Mayor of London”.
In subsection (4) (purposes for which a surplus on a local authority’s parking account may be applied) the word “and” immediately preceding paragraph (d) shall be omitted and after that paragraph there shall be added—
At the end of the section there shall be added—
Section 73 of the Road Traffic Act 1991 (appointment of parking adjudicators by joint committee of London authorities) shall be amended as follows.
For subsection (1) (London authorities to establish a joint committee within two months of issue of first guidance under section 63 of that Act) there shall be substituted—
In subsection (2) (functions of London authorities under sections 73 and 74 to be exercised by the Joint Committee) the words “and section 74 of this Act” shall cease to have effect.
For the words “London authorities”, wherever occurring, there shall be substituted “appointing authorities”.
For section 74 of the Road Traffic Act 1991 (fixing of certain parking and other charges for London) there shall be substituted—
Section 76 of the Road Traffic Act 1991 (special parking areas) shall be amended as follows.
After subsection (1) (applications by London authorities for orders designating special parking areas) there shall be inserted—
The amendment made by this section does not affect the continuing validity of any order, or any application for an order, made before the coming into force of this section.
After section 76 of the Road Traffic Act 1991 (special parking areas) there shall be inserted—
Section 82 of the Road Traffic Act 1991 (interpretation of Part II) shall be amended as follows.
“London authority” means—
“GLA road” (subject to subsection (1C) below) has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act); “GLA side road” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act; “London local authority” means any council of a London borough or the Common Council of the City of London; “the Mayor’s transport strategy” means the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
After subsection (1) there shall be inserted—
In subsection (6) (power to make orders or regulations to be exercisable by statutory instrument) after “conferred by this Part” there shall be inserted “on a Minister of the Crown”.
Section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings) shall be amended as follows.
In subsection (2) (definition of the appropriate authority)—
in paragraph (a) (places not in the metropolitan police district or the City) for “not in the metropolitan police district and not in the City of London” there shall be substituted “outside Greater London”; and
for paragraph (c) (places in the metropolitan police district) there shall be substituted—.
In subsection (4) (duty of certain authorities to have regard to representations made by other local authorities in their area) in paragraph (a)—
the words “and the commissioner of police of the metropolis”, “or him” and “or metropolitan police district” shall cease to have effect; and
after “in the county” there shall be inserted “or”.
After subsection (4) there shall be inserted—
In subsection (5) (agreements between council of a county etc and the police authority)—
after “council of the county” there shall be inserted “, London borough”; and
after “in the county” there shall be inserted “, London borough”.
In consequence of the preceding provisions of this section, section 27 of the Road Traffic Regulation Act 1984 (expenses under section 26 in metropolitan police district) shall cease to have effect.
Section 63A of the Road Traffic Regulation Act 1984 (parking attendants) shall be amended as follows.
In subsection (4) (parking attendants in Greater London to wear uniform prescribed by Secretary of State when exercising prescribed functions) for “Secretary of State” there shall be substituted “Greater London Authority”.
In subsection (5) (definition of “local authority” etc) at the end there shall be added “except that Transport for London shall also be a local authority”.
After subsection (5), there shall be inserted—
Section 95 of the Road Traffic Regulation Act 1984 (appointment of traffic wardens) shall be amended as follows.
After subsection (4) (which confers power to employ traffic wardens to act as parking attendants at certain street parking places) there shall be inserted—
After section 121A of the Road Traffic Regulation Act 1984 there shall be inserted—
The Road Traffic Regulation Act 1984 shall be amended as follows.
After section 121B there shall be inserted—
“GLA road” (subject to subsection (4) below) has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act); “GLA side road” shall be construed in accordance with section 124A(9) of this Act; “trunk road” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act)
At the end of section 142 there shall be added—
After section 132 of the Road Traffic Regulation Act 1984 there shall be inserted—
The following enactments shall cease to have effect—
sections 12, 13 and 76 of the Road Traffic Regulation Act 1984 (experimental traffic schemes carried out in Greater London by the police);
paragraph 53 of Schedule 4 to the Local Government Act 1985 (which relates to the abolition of metropolitan roads and is spent);
Part II of Schedule 5 to the Local Government Act 1985 (supplementary provisions relating to road traffic) so far as relating to Greater London;
sections 50 to 63 and 80 of, and Schedule 5 to, the Road Traffic Act 1991 (priority routes, local plans, trunk road plans and the Traffic Director for London).
Any guidance given by the Secretary of State under any of the provisions of the Local Government Act 1985 or the Road Traffic Act 1991 mentioned in subsection (1) above shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy (and shall accordingly be subject to revocation or variation by the Mayor).
So far as relating to roads which are or become GLA roads, the Traffic Director for London’s network plan under section 52 of the Road Traffic Act 1991 shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy.
Any trunk road local plans prepared or in the course of preparation under section 56 of the Road Traffic Act 1991 by the Traffic Director for London shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.
In subsections (6) and (7) below “relevant local plans” means any local plans prepared or in the course of preparation by a London borough council or the Common Council under section 54 of the Road Traffic Act 1991.
To the extent that they relate to roads which are or become GLA roads, within the meaning of the Highways Act 1980, any relevant local plans shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.
To the extent that they relate to roads other than those mentioned in subsection (6) above, any relevant local plans shall, until such time as they are superseded by local implementation plans under section 145 above, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as local implementation plans under that section.
Any reference in this section to a GLA road includes a reference to a GLA side road.
Each of the following bodies, namely— may establish and operate schemes for imposing charges in respect of the keeping or use of motor vehicles on roads in its area.
Transport for London,
any London borough council, or
the Common Council,
Schedule 23 to this Act (which makes provision supplementing this section) shall have effect.
For the purposes of this section and that Schedule “motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply for those purposes as it applies for the purposes of the Road Traffic Acts.
Each of the following bodies, namely— may establish and operate schemes for the licensing of persons providing workplace parking places in Greater London.
Transport for London,
any London borough council, or
the Common Council,
Schedule 24 to this Act (which makes provision supplementing this section) shall have effect.
The Secretary of State shall from time to time prepare programmes for the transfer to Transport for London of property, rights and liabilities of London Regional Transport— and in this Chapter “transfer programme” means a programme under this subsection.
for the purpose of enabling Transport for London to perform its functions as they become exercisable; or
in preparation for the dissolution of London Regional Transport;
Any powers conferred by Part XII below are exercisable for the purpose of implementing any transfer programme.
A transfer programme may include plans relating to—
the transfer of rights and liabilities under contracts of employment;
the provision of pensions, within the meaning of section 411 below;
the apportionment of any property, rights or liabilities;
the creation of rights or liabilities;
the transfer of statutory functions;
the exercise of any other powers under Part XII below.
A transfer programme may provide for different property, rights or liabilities to be transferred on different days.
To the extent that a transfer programme has not been implemented, it may be varied or replaced by another such programme.
In this section “transitional purpose” means the purpose of—
facilitating the securing and carrying into effect of PPP agreements under Chapter VII above;
facilitating the transfer of property, rights or liabilities of London Regional Transport to Transport for London;
facilitating the transfer of functions, property, rights or liabilities to Transport for London from any other body or person from whom they are or may be so transferred under or by virtue of this Act;
facilitating the exercise by Transport for London of any functions so transferred; or
securing that public passenger transport services continue to be provided without disruption.
London Regional Transport shall be under a duty, and shall be taken at any time before the coming into force of this section to have had power, to do all such things as it considers appropriate for any transitional purpose.
In discharging their functions during the transitional period it shall be the duty of— to consult and co-operate with each other for any transitional purpose.
the Mayor,
London Regional Transport, and
Transport for London,
The following provisions of this section have effect for the purpose of facilitating the discharge of the duty of co-operation imposed on London Regional Transport and Transport for London by subsection (3) above.
London Regional Transport and Transport for London shall each provide to the other such information as may reasonably be required by that other for the purpose of discharging any of its functions during the transitional period.
London Regional Transport and Transport for London shall each have power to enter into arrangements with the other—
for the provision by the one for the other of administrative, technical or professional services or of passenger transport services;
for the one to make available for use by the other, or for shared use by each of them, any land, equipment or other property;
for the one to place any of its officers or other members of staff at the disposal of the other, for the purposes of its functions;
for the discharge by the one of any functions of the other on its behalf.
Arrangements entered into under subsection (6) above may be on such terms as may be agreed between London Regional Transport and Transport for London.
Arrangements by virtue of paragraph (c) of subsection (6) above may only be entered into after consultation with the officers or members of staff concerned.
In this Chapter “the transitional period” means the period which—
begins with the coming into force of this section; and
ends on the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.
If provision is made under or by virtue of this Act which has the effect of applying to any extent in relation to London Regional Transport during the transitional period— then the Mayor, in discharging that duty as so applied in relation to London Regional Transport, shall act in a way which he considers will not prejudice the financial or other interests of London Regional Transport, having regard to the financial and other interests of Transport for London.
the powers conferred on the Mayor by section 155 above, and
the duty imposed on the Mayor by section 174 above,
If provision is made under or by virtue of this Act which has the effect of— then Transport for London, in acting on behalf of London Regional Transport for those purposes, shall do so in a way which (having regard to its own financial and other interests) it considers will not prejudice the financial or other interests of London Regional Transport.
applying to any extent in relation to London Regional Transport during the transitional period any of the provisions contained in sections 240 to 243 above or Schedule 16 to this Act, and
authorising or requiring Transport for London during the transitional period to act on behalf of London Regional Transport for the purposes of any of those provisions as so applied,
In this section—
There may be continued by or in relation to Transport for London anything (including legal proceedings) which relates to an abolished function and is in the process of being done by or in relation to London Regional Transport immediately before the abolition of the function.
Anything which— shall have effect as if made or done by or in relation to Transport for London.
was made or done by or in relation to London Regional Transport for the purposes of or in connection with an abolished function, and
is in effect immediately before the abolition of the function,
Transport for London shall be substituted for London Regional Transport in any instruments, contracts or legal proceedings which relate to an abolished function and which were made or commenced before the abolition of the function.
Subsections (2) to (4) above do not apply in relation to an abolished function to the extent that the repeal or revocation of the statutory provision by which the function was conferred or imposed comes into force on terms which provide otherwise.
Any reference in this section to anything made or done by or in relation to London Regional Transport includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to London Regional Transport.
Any functions of the London Transport Executive established under section 4 of the Transport (London) Act 1969 which, by virtue of section 67(1) of the London Regional Transport Act 1984 are exercisable by London Regional Transport, shall instead be exercisable by Transport for London.
In section 144 of the Transport Act 1968 (transfer and disposal of historical records and relics) for “London Regional Transport” in each place where it occurs there shall be substituted “Transport for London”.
When the Secretary of State is satisfied that provision has been made for the transfer of all property, rights and liabilities of London Regional Transport, he may by order provide for the dissolution of London Regional Transport.
In this Chapter—
In section 2 of the Regional Development Agencies Act 1998 (constitution of the regional development agencies) after subsection (5) there shall be inserted—
In section 6 of the Regional Development Agencies Act 1998 (delegation of functions by Ministers to regional development agencies) after subsection (6) there shall be inserted—
After that section there shall be inserted—
In section 7 of the Regional Development Agencies Act 1998 (duty of regional development agencies to formulate a strategy) after subsection (3) there shall be inserted—
After that section there shall be inserted—
After section 7A of the Regional Development Agencies Act 1998 there shall be inserted—
In section 15 of the Regional Development Agencies Act 1998 (audit of the regional development agencies) after subsection (3) of that section there shall be inserted—
Schedule 25 to this Act (further amendments of the Regional Development Agencies Act 1998 relating to the Mayor of London and the London Development Agency) shall have effect.
After section 5 of the Police Act 1996 there shall be inserted—
After Schedule 2 to the Police Act 1996 there shall be inserted the Schedule 2A set out in Schedule 26 to this Act.
In section 6 of the Police Act 1996 (general functions of a police authority to include securing the maintenance of an efficient and effective police force for its area) after subsection (4) there shall be inserted—
Section 101 of the Police Act 1996 (interpretation) shall be amended as follows.
In the definition of “police authority”, in paragraph (b), for “Secretary of State” there shall be substituted “Metropolitan Police Authority”.
In the definition of “police fund”—
in paragraph (a), after “force maintained under section 2” there shall be inserted “or the metropolitan police force”, and
paragraph (b) shall cease to have effect.
Section 100J of the Local Government Act 1972 (access to meetings and documents: application of Part VA to certain authorities as to principal councils) shall be amended as follows.
In subsection (1) (which lists the bodies to which the Part is applied) after paragraph (e) there shall be inserted—.
In subsection (3) (modifications of section 100A(6)(a) relating to council premises in the case of certain bodies specified in paragraphs of subsection (1)) after “(e),” there shall be inserted “(eza),”.
In subsection (4) (application of section 100G(1)(a) relating to registers of members in the case of certain bodies specified in subsection (1)) in paragraph (a), after “Police Act 1996” there shall be inserted “or the Metropolitan Police Authority”.
After section 9 of the Police Act 1996 there shall be inserted—
After section 9A of the Police Act 1996 there shall be inserted—
After section 9B of the Police Act 1996 there shall be inserted—
After section 9C of the Police Act 1996 there shall be inserted—
After section 9D of the Police Act 1996 there shall be inserted—
After section 9E of the Police Act 1996 there shall be inserted—
After section 9F of the Police Act 1996 there shall be inserted—
Any appointment of a person as the Commissioner of Police of the Metropolis under section 1 of the Metropolitan Police Act 1829 which is in force immediately before the coming into force of section 315 above shall have effect as from the coming into force of that section as the appointment of that person as the Commissioner of Police of the Metropolis under and in accordance with section 9B of the Police Act 1996.
If, immediately before the coming into force of section 317 above, there is in force in respect of a person who is one of the Assistant Commissioners of Police of the Metropolis an authorisation under section 8 of the Metropolitan Police Act 1856 (authorisation of one of the Assistant Commissioners to act as Commissioner in case of vacancy, illness or absence) that person shall be taken, as from the coming into force of section 317 above, to have been appointed as the Deputy Commissioner of Police of the Metropolis u der and in accordance with section 9D of the Police Act 1996.
Any appointment of a person (other than a person in relation to whom subsection (2) above has effect) as an Assistant Commissioner of Police of the Metropolis under section 2 of the Metropolitan Police Act 1856 which is in force immediately before the coming into force of section 319 above shall have effect as from the coming into force of that section as the appointment of that person as an Assistant Commissioner of Police of the Metropolis under and in accordance with section 9F of the Police Act 1996.
Any appointment of a person as a Commander in the metropolitan police force which is in force immediately before the coming into force of section 320 above shall have effect as from the coming into force of that section as the appointment of that person as a Commander under and in accordance with section 9G of the Police Act 1996.
After section 9G of the Police Act 1996 there shall be inserted—
In section 76 of the London Government Act 1963, for subsection (1) (which defines the metropolitan police district so as to include certain areas of Essex, Hertfordshire and Surrey) there shall be substituted—
The Commissioner of Police of the Metropolis may, on the application of the chief officer of police of a police force maintained under section 2 of the Police Act 1996 for the police area of Essex, Hertfordshire or Surrey, provide for that force constables from the metropolitan police force.
An application under subsection (1) above may only be made for the purpose of, or otherwise in connection with, meeting the demands placed, or reasonably expected to be placed, on the resources of the police force in question in consequence of the change effected as a result of section 323 above in the police area for which that force is maintained.
While a constable is provided under this section for a police force, he shall be under the direction and control of the chief officer of police of that force, notwithstanding section 9A(1) of the Police Act 1996 (metropolitan police force to be under the direction and control of the Commissioner) or any other enactment relating to the direction or control of the metropolitan police force.
The police authority maintaining a police force for which constables are provided under this section shall pay to the police authority maintaining the metropolitan police force such contribution as may be agreed upon between those authorities or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.
This section is without prejudice to any other power of a chief officer of police to provide constables or other assistance to another police force.
Expressions used in this section and in the Police Act 1996 have the same meaning in this section as they have in that Act.
Schedule 27 to this Act (which makes further amendments relating to the metropolitan police etc) shall have effect.
The Secretary of State may by order make provision for combining in one probation area (“the Greater London probation area”) all of the petty sessions areas which fall wholly within Greater London.
An order under subsection (1) above may make provision for the purpose of, or in connection with, organising the probation service for the Greater London probation area.
The provision that may be made under subsection (2) above—
includes provision for the qualifying expenses of any probation committee for the Greater London probation area to be defrayed by the Secretary of State, and
in consequence of the provision mentioned in paragraph (a) above, includes provision requiring the Receiver for the Metropolitan Police District to refrain from exercising the functions conferred on him by the Probation Service Act 1993.
In subsection (3) above the reference to the qualifying expenses of any probation committee for the Greater London probation area shall be construed in accordance with section 17 of the Probation Service Act 1993.
The provision that may be made under subsection (2) above includes provision relating to the appointment of, and allowances payable to, members of any probation committee for the Greater London probation area and any probation liaison committee for any area in the Greater London probation area.
Without prejudice to section 405(1) below, the provision that may be made under subsection (1) or (2) above includes provision amending or repealing provisions of the Probation Service Act 1993.
The Secretary of State may by order make provision for including in the Greater London probation area any petty sessions area outside that probation area.
Before making an order under this section the Secretary of State shall give the justices acting for any petty sessions area affected by the order an opportunity of making representations about it, and shall consider any such representations.
When the Secretary of State is satisfied that— the Secretary of State may by order provide for the abolition of the office of the Receiver.
provision has been made such that no statutory functions remain, or are to remain, exercisable by the Receiver (whether as a consequence of provision made by or under this Act, the Access to Justice Act 1999 or any other enactment whenever passed), and
provision has been made for the transfer of all property, rights and liabilities of the Receiver (whether under Part XII below or by or under the Access to Justice Act 1999 or any other enactment whenever passed),
In subsection (1) above references to the Receiver are references to the Receiver for the Metropolitan Police District.
Section 27 of the Local Government Act 1985 (which established the London Fire and Civil Defence Authority) shall cease to have effect.
Notwithstanding the repeal of that section, the body corporate established by it (in this Act referred to as “the Fire etc Authority”) shall continue in being and shall, instead of being known as the London Fire and Civil Defence Authority, be known as the London Fire and Emergency Planning Authority.
Any appointment to the Fire etc Authority in pursuance of section 27 of the Local Government Act 1985 shall cease to have effect on the reconstitution day.
As from the reconstitution day, the Fire etc Authority shall be reconstituted in accordance with the provisions of Schedule 28 to this Act.
In construing in any enactment (whenever passed or made) any reference to, or any reference which includes a reference to, an authority established by Part IV of the Local Government Act 1985 (however framed), the Fire etc Authority shall be taken on and after the reconstitution day to be an authority established otherwise than under that Part.
Without prejudice to anything in section 15, 16 or 17 of the Interpretation Act 1978, nothing in subsection (5) above— and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if subsection (5) above had not been enacted.
revives anything not in force or existing on the reconstitution day;
affects the previous operation of any enactment or anything duly done or suffered before the reconstitution day;
affects any right, privilege, obligation or liability acquired, accrued or incurred before the reconstitution day;
affects any penalty, forfeiture or punishment incurred in respect of any offence committed before the reconstitution day;
affects any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;
Subject to the other provisions of this Act, any reference to, and any reference which includes a reference to, the Fire etc Authority in any Act or other document shall be construed in accordance with the preceding provisions of this section.
Schedule 29 to this Act (which amends certain enactments relating to the Fire etc Authority and repeals spent provisions applying such enactments to authorities in Greater London which have been abolished) shall have effect.
In this section and Schedule 28 to this Act—
Schedule 11 to the Local Government Act 1985 (police and fire services) shall be amended as follows.
In paragraph 2(1) (London Fire and Civil Defence Authority to be the fire authority for Greater London) for “London Fire and Civil Defence Authority” there shall be substituted “London Fire and Emergency Planning Authority”.
In paragraph 2(4) (which provides that references in the Metropolitan Fire Brigade Act 1865 to the Metropolitan Board of Works are to be construed as references to the London Fire and Civil Defence Authority) for “London Fire and Civil Defence Authority” there shall be substituted “London Fire and Emergency Planning Authority”.
In section 62 of the Civil Defence Act 1939 (power of local authorities etc to appropriate land and buildings for the purposes of civil defence) in subsection (1A)(a) (meaning in England and Wales of “local authority” in the first place where it occurs in subsection (1)(b)) after “includes” there shall be inserted “the London Fire and Emergency Planning Authority,”.
In section 9(1) of the Civil Defence Act 1948 (general definitions) in the definition of “local authority” as respects England and Wales, after paragraph (a) there shall be inserted—.
Section 100J of the Local Government Act 1972 (access to meetings and documents: application of Part VA to joint authorities etc as to principal councils) shall be amended as follows.
In subsection (1) (which lists the bodies to which the Part is applied) after paragraph (b) there shall be inserted—.
In subsection (2) (joint boards and joint committees of certain bodies) in the words following paragraph (b), after “(b)” there shall be inserted “, (bb)”.
In subsection (3) (modifications of section 100A(6)(a) relating to council premises in the case of certain bodies specified in paragraphs of subsection (1)) after “(b),” there shall be inserted “(bb),”.
After subsection (4) (application of section 100G(1)(a) relating to registers of members in the case of certain bodies specified in subsection (1)) there shall be inserted—
In section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) in subsection (13) (meaning of “local authority” in Part VI) after “Under Treasurer of the Middle Temple,” there shall be inserted “the London Fire and Emergency Planning Authority,”.
In section 104 of that Act (disqualification for membership of committees and joint committees) after subsection (4) there shall be inserted—
In section 146A of the Local Government Act 1972 (which for the purposes of certain provisions of Part VII treats a joint authority or the Inner London Education Authority as a local authority or a principal council) in subsection (1), after “a joint authority” there shall be inserted “, the London Fire and Emergency Planning Authority”.
The Mayor shall prepare and publish a document to be known as the “spatial development strategy”.
The spatial development strategy must include a statement formulating the Mayor’s strategy for spatial development in Greater London.
For the purposes of this Part, the Mayor’s strategy for spatial development includes his general policies in respect of the development and use of land in Greater London.
The spatial development strategy must include statements dealing with the general spatial development aspects of— whether or not the strategy, policy or proposal relates to the development or use of land.
such of the other strategies prepared and published, or to be prepared and published, under the enactments mentioned in section 41(1) above as involve considerations of spatial development, and
such of the Mayor’s other policies or proposals as involve such considerations,
The spatial development strategy must deal only with matters which are of strategic importance to Greater London.
In determining for the purposes of this Part whether a matter is of strategic importance to Greater London, it is immaterial whether or not the matter affects the whole area of Greater London.
The spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed by regulations under section 343 below.
The spatial development strategy may make different provision for different cases or for different parts of Greater London.
When preparing the spatial development strategy, the Mayor shall—
prepare a draft of his proposals for the spatial development strategy;
make that draft available to the Assembly and the functional bodies; and
consult the Assembly and the functional bodies about the proposals.
After the consultation required by subsection (1)(c) above and before finally determining the contents of the spatial development strategy, the Mayor shall—
prepare a draft of his proposed spatial development strategy;
make copies available for inspection at such places as may be prescribed by regulations under section 343 below;
send a copy to each of the bodies and persons specified in subsection (3) below;
comply with any requirements imposed by regulations under section 343 below; and
consider any representations made in accordance with the regulations.
The bodies and persons mentioned in subsection (2)(c) above are—
the Secretary of State;
every London borough council;
the council of any county or district whose area adjoins Greater London and is affected by the proposed spatial development strategy;
such other persons or bodies as may be prescribed by regulations under section 343 below; and
any other body to which, or person to whom, the Mayor considers it appropriate to send a copy.
In determining the bodies to which or persons to whom it is appropriate to send a copy of the strategy under subsection (3)(e) above (if any), the bodies to which and the persons to whom the Mayor considers sending a copy must include bodies of each of the descriptions specified in section 32(3) above.
Each copy made available for inspection or sent under subsection (2) above shall be accompanied by a statement of the prescribed period within which representations may be made to the Mayor.
The persons who may make representations in accordance with the regulations include, in particular, the bodies and persons specified in subsection (3) above.
In this Part “representations made in accordance with the regulations” means representations made—
in accordance with regulations made under section 343 below; and
within the prescribed period.
In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations made under section 343 below.
The proposed spatial development strategy prepared under section 335(2)(a) above may be withdrawn by the Mayor at any time before he publishes the spatial development strategy.
On the withdrawal of the proposed spatial development strategy, the Mayor shall—
withdraw the copies made available for inspection in accordance with section 335 above; and
give notice that the proposed spatial development strategy has been withdrawn to every body or person falling within subsection (3) below.
Those bodies and persons are—
the Assembly;
each of the functional bodies;
each of the bodies and persons specified in section 335(3) above; and
every body which, or person who, made representations in accordance with the regulations.
This section does not affect the duty to prepare and publish a spatial development strategy in accordance with the provisions of this Part.
Subject to the following provisions of this section, the Mayor may publish the spatial development strategy.
The spatial development strategy published by the Mayor must be in the form of the proposed spatial development strategy under section 335(2)(a) above, either as originally prepared or as modified to take account of—
any representations made in accordance with the regulations;
any direction given under subsection (7) below and not withdrawn;
any report made under section 338 below by a person conducting an examination in public; or
any other material considerations.
Subsection (2) above is subject to the following provisions of this section.
The spatial development strategy must not be published by the Mayor until after— and, in either case, if an examination in public is to be held under section 338 below, must not be published until after the report of the person or persons conducting the examination in public has been made to the Mayor.
he has considered any representations made in accordance with the regulations, or
if no such representations are made, the expiry of the prescribed period,
The provision that may be made by regulations under section 343 below includes provision prohibiting publication of the spatial development strategy until such further procedures as may be prescribed have been complied with.
If at any time it appears to the Secretary of State that it is expedient to do so for the purpose of avoiding— he may, at any time before the Mayor has published the spatial development strategy, give the Mayor a direction under subsection (7) below.
any inconsistency with current national policies or relevant planning guidance, or
any detriment to the interests of an area outside Greater London,
A direction under this subsection is a direction to the Mayor not to publish the spatial development strategy except in a form which includes modifications to the proposed spatial development strategy in such respects as are indicated in the direction, in order to—
remove the inconsistency mentioned in subsection (6)(a) above; or
avoid the detriment mentioned in subsection (6)(b) above.
Where a direction under subsection (7) above is given to the Mayor, the Mayor must not publish the spatial development strategy unless—
he satisfies the Secretary of State that he has made the modifications necessary to conform with the direction; or
the direction is withdrawn.
Subject to the following provisions of this Part, the spatial development strategy shall become operative on the date on which it is published by the Mayor.
For the purposes of this section “relevant regional planning guidance” means any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London.
In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations made under section 343 below.
Before publishing the spatial development strategy, the Mayor shall, unless the Secretary of State otherwise directs, cause an examination in public to be held.
The following provisions of this section have effect in relation to an examination in public under subsection (1) above.
An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.
The matters examined at an examination in public shall be such matters affecting the consideration of the spatial development strategy as the person or persons conducting the examination in public may consider ought to be so examined.
The person or persons conducting an examination in public shall make a report to the Mayor.
No person shall have a right to be heard at an examination in public.
The following may take part in an examination in public—
the Mayor; and
any person invited to do so by the person or persons conducting the examination in public.
The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at an examination in public.
The Authority shall defray—
the fees and expenses of the person appointed to conduct an examination in public; and
any other costs of holding an examination in public.
An examination in public—
shall constitute a statutory inquiry for the purposes of section l(l)(c) of the Tribunals and Inquiries Act 1992 (administration provisions involving the holding of a statutory inquiry); but
shall not constitute such an inquiry for any other purpose of that Act.
The Mayor shall keep under review the matters which may be expected to affect the development of Greater London or the planning of its development or which are otherwise relevant to the content of the spatial development strategy.
For the purpose of discharging his functions under subsection (1) above of keeping under review any matters relating to the area of a local planning authority outside Greater London, the Mayor shall consult that local planning authority about those matters.
It shall be the duty of the Mayor to review the spatial development strategy from time to time.
If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, review the spatial development strategy or such part of it as may be specified in the direction.
The Mayor may at any time prepare and publish—
alterations of the spatial development strategy, or
a new spatial development strategy to replace it.
If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, prepare and publish—
such alterations of the spatial development strategy as the Secretary of State directs; or
a new spatial development strategy to replace it.
This Part (other than section 334(1) above) shall apply in relation to the preparation and publication of— as it applies in relation to the preparation and publication of the spatial development strategy (and shall apply in relation to the altered or new spatial development strategy as it applies in relation to the spatial development strategy).
alterations of the spatial development strategy, or
a new spatial development strategy to replace it,
In this Act, references to the spatial development strategy include, except where the context otherwise requires, a reference to—
the spatial development strategy as altered; or
a new spatial development strategy which replaces a previous spatial development strategy.
In exercising his functions under the preceding provisions of this Part, the Mayor shall have regard to—
any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London; and
such other matters as the Secretary of State may prescribe.
The matters to which the Mayor is to have regard by virtue of subsection (1) above are in addition to the matters to which he is to have regard by virtue of section 41(4) above.
Without prejudice to any other provision of this Part, the Secretary of State may make regulations with respect to all or any of the following—
the form and content of the spatial development strategy;
the documents (if any) which he requires to accompany the spatial development strategy;
the procedure to be followed in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy or in connection with any review under section 339 above.
Regulations under this Part may make different provision for different parts of Greater London.
The Town and Country Planning Act 1990 shall be amended as follows.
In section 12 (preparation of unitary development plan) after subsection (3B) there shall be inserted—
In subsection (7) of that section (Part II to be in general conformity with Part I) after “Part I” there shall be inserted “and, in the case of a London borough council, with the spatial development strategy”.
In section 13 (public participation) after subsection (1) there shall be inserted—
After subsection (5) of that section there shall be inserted—
In section 15 (adoption of unitary development plan by local planning authority) after subsection (2) there shall be inserted—
After section 21 there shall be inserted—
In section 26 (regulations and directions) in subsection (2), after paragraph (b) there shall be inserted—.
In section 74 (directions etc as to method of dealing with applications) after subsection (1A) there shall be inserted—
“spatial development strategy” shall be construed in accordance with Part VIII of the Greater London Authority Act 1999 (planning);
After section 322A of the Town and Country Planning Act 1990 there shall be inserted—
It shall be the duty of the Mayor—
to monitor the implementation of the spatial development strategy;
to monitor the unitary development plan of each London borough council; and
to monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the spatial development strategy.
In exercising any function, each of the functional bodies shall have regard to the spatial development strategy.
The Mayor shall inform— of his views concerning any matters of common interest, whether general or specific, relating to the planning or development of Greater London or those areas.
the local planning authorities for areas in the vicinity of Greater London,
any body on which those authorities are represented, or
any other body which the Mayor considers should be informed,
The Mayor may also inform those authorities, or any such body, of his views concerning any other matters, whether general or specific, relating to the planning or development of those areas.
The Mayor shall from time to time consult the London borough councils about the exercise of his functions under this section.
The Mayor may make contributions towards defraying the expenses of any body on which the Authority is represented for the purpose of facilitating the discharge of the Mayor’s functions under this section.
The joint planning committee for Greater London established under section 5 of the Local Government Act 1985 and continued by section 3 of the Town and Country Planning Act 1990 is abolished by this section.
In this Part, except where the context otherwise requires,—
For the purposes of this Part—
the City of London shall be treated as if it were a London borough;
the Common Council shall be treated as if it were the council for a London borough; and
the Inner Temple and the Middle Temple shall be treated as forming part of the City.
The Mayor shall produce and publish a report on the environment in Greater London to be known as a “state of the environment report”.
The report required of the Mayor under subsection (1) shall be published—
in the case of the first state of the environment report, before the end of the period of three years beginning with the day of the first ordinary election, and
in the case of each state of the environment report subsequent to the first, before the end of the period of four years beginning with the day on which the previous state of the environment report was published.
A state of the environment report shall contain information about the following matters in relation to Greater London— and may contain information about any other matters in relation to Greater London which the Mayor considers appropriate.
air quality and emissions to air, including in particular emissions from road traffic,
road traffic levels,
water quality and emissions to water,
ground water levels,
energy consumption and the emission of substances which contribute to climate change,
land quality,
biodiversity,
the production, minimisation, recycling and disposal of waste,
noise,
natural resources, and
litter,
Before producing a state of the environment report, the Mayor shall consult—
the Environment Agency,
each London borough council,
the Common Council, and
any other person who the Mayor considers it appropriate to consult.
A copy of each state of the environment report 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.
A copy of each state of the environment report, or any part of such a report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
In this section “the appropriate period” in the case of any state of the environment report is the period of six years beginning with the date of publication of that report pursuant to this section.
The Mayor shall prepare and publish a document to be known as the “London Biodiversity Action Plan”.
The London Biodiversity Action Plan shall contain information about—
the ecology of Greater London,
the wildlife of Greater London and its habitat,
any proposals for the conservation and promotion by the Mayor of biodiversity within Greater London, which have been agreed between the Mayor and any person or body he is required to consult in relation to the London Biodiversity Action Plan, and
any commitments as to the conservation and promotion of biodiversity within Greater London made by any person or body who is required to be consulted by the Mayor in relation to the London Biodiversity Action Plan.
In preparing or revising the London Biodiversity Action Plan the Mayor shall consult—
the Nature Conservancy Council for England,
the Countryside Agency, and
the Environment Agency.
In preparing or revising the London Biodiversity Action Plan the Mayor shall also—
have regard to any plans relating to biodiversity prepared by a London borough council or the Common Council, and
have regard to any guidance given to him by the Secretary of State about the matters which he is to take into account in preparing or revising the London Biodiversity Action Plan.
Where the Mayor revises the London Biodiversity Action Plan, he shall publish it as revised.
In this Act, references to the London Biodiversity Action Plan include, except where the context otherwise requires, a reference to the London Biodiversity Action Plan as revised.
The Mayor shall prepare and publish a document to be known as the “municipal waste management strategy”.
The municipal waste management strategy—
shall contain the Mayor’s proposals and policies for the recovery, treatment and disposal of municipal waste, and
may contain such other proposals and policies relating to municipal waste as he considers appropriate.
In preparing the municipal waste management strategy the Mayor is to have regard to the plans prepared by waste collection authorities in Greater London in accordance with section 49 of the Environmental Protection Act 1990 (waste recycling plans).
In preparing or revising the municipal waste management strategy the Mayor shall have regard to—
the strategy prepared by the Secretary of State in accordance with section 44A of the Environmental Protection Act 1990 (the national waste strategy), and
any guidance given to him by the Secretary of State for the purposes of the implementation of that strategy and relating to the content of the municipal waste management strategy.
In preparing or revising the municipal waste management strategy the Mayor shall consult—
the Environment Agency,
waste disposal authorities in Greater London,
any waste disposal authority the area of which has a boundary which adjoins any part of the boundary of Greater London,
local authorities in whose areas municipal waste is disposed of by waste disposal authorities in Greater London or is proposed in the strategy to be so disposed of, and
any other body which is concerned with the minimisation, recovery, treatment or disposal of municipal waste and which the Mayor considers it appropriate to consult.
Where the Mayor revises the municipal waste management strategy, he shall publish it as revised.
In this Act, references to the municipal waste management strategy include, except where the context otherwise requires, a reference to the municipal waste management strategy as revised.
Where the Secretary of State considers that either of the conditions specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the municipal waste management strategy.
The conditions mentioned in subsection (1) above are—
that the municipal waste management strategy or its implementation is likely to be detrimental to any area outside Greater London, or
that a direction about the content of the municipal waste management strategy is required for the purposes of the implementation of the policies contained in the strategy prepared by the Secretary of State in accordance with section 44A of the Environmental Protection Act 1990 (national waste strategy).
The power of the Secretary of State to give a direction to the Mayor under subsection (1) above—
may be exercised either generally or specially, and
may only be exercised after consultation with the Mayor.
Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.
In exercising any function under Part II of the Environmental Protection Act 1990 (waste on land)— shall have regard to the municipal waste management strategy.
each of the waste collection authorities in Greater London, and
each of the waste disposal authorities in Greater London,
Where the Mayor considers that it is necessary for the purposes of the implementation of the municipal waste management strategy, he may give to a waste collection authority in Greater London, or a waste disposal authority in Greater London, a direction requiring the authority to exercise a function in a manner specified in the direction.
The Mayor may not give to an authority a direction under subsection (1) above requiring the authority—
to terminate a waste contract before the expiry of the term of the contract; or
to do anything which would result in a breach of any term of a waste contract.
The Mayor may not give to an authority a direction under subsection (1) above requiring the authority to exercise a function in relation to the awarding of a waste contract if—
the authority is required to comply with the public procurement regulations in awarding that contract, and
in compliance with those regulations the authority has sent the second information notice relating to the awarding of that contract to the Official Journal of the European Communities.
The power of the Mayor to give a direction to an authority under subsection (1) above—
may be exercised either generally or specially, and
may only be exercised after consultation with the authority concerned.
Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.
Where at the date on which this section comes into force a waste authority is a party to a waste contract, the authority shall, before the end of the period of 21 days beginning with the date on which this section comes into force, notify the Mayor of the date on which the term of the contract is due to expire.
A waste authority which is a party to a waste contract shall— notify the Mayor of that date.
at least two years before the date on which the term of the contract is due to expire, but
no earlier than three years before that date,
Subsection (1) above is without prejudice to subsection (2) above.
If at any time before the date on which the term of a waste contract is due to expire a waste authority which is a party to the contract— the authority shall as soon as reasonably practicable notify the Mayor.
proposes to terminate or amend the contract, or
receives notification from another party to the contract that the contract is or is proposed to be terminated or amended,
Where the Mayor has been notified by a waste authority under subsection (1), (2) or (4) above he may direct the authority to provide him with such information as he may require for the purposes of deciding whether— would be detrimental to the implementation of the municipal waste management strategy.
the arrangements which the authority is making to enter into a new contract,
the terms upon which the authority is proposing to enter into a new contract, or
the amendments or proposed amendments to the contract,
Where the Mayor gives an authority a direction under subsection (5) above, the authority to whom the direction is given shall comply with the direction.
If in the awarding of a waste contract a waste authority is required to comply with the public procurement regulations, the authority shall not send the first information notice relating to the awarding of the contract to the Official Journal of the European Communities unless—
the authority has notified the Mayor that it proposes to send such a notice, and
a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.
If in the awarding of a waste contract a waste authority is not required to comply with the public procurement regulations, the authority shall not enter into the contract unless—
the authority has notified the Mayor that it proposes to enter into such a contract, and
a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.
Where the Mayor has been notified under subsection (1) or (2) above he may direct the waste authority to provide him with such information about the contract as he may require for the purposes of deciding whether the contract would be detrimental to the implementation of the municipal waste management strategy.
Where the Mayor gives an authority a direction under subsection (3) above, the authority to whom the direction is given shall comply with the direction.
Nothing in section 357 or 358 above shall require a waste authority to provide any information if—
the information has been provided to the waste authority by another person,
that person has imposed requirements as to the maintenance by the waste authority of confidentiality in respect of the information,
the waste authority is, by virtue of the public procurement regulations, under a duty to comply with those requirements, and
the provision of the information would be in breach of that duty.
If at the time when information is provided by a waste authority to the Mayor under section 357 or 358 above the waste authority notifies the Mayor that, in the opinion of the authority, the information is confidential information or exempt information, the information shall not be disclosed—
by the Mayor, except to a person appointed under section 67(1) or (2) above, or
by such a person, except to another such person.
For the purposes of subsection (2) above—
This section applies for the purposes of sections 353 to 359 above.
The following expressions have the meanings given below—
“First information notice”, in relation to the awarding of a waste contract by a waste authority, means—
in a case where the authority is required in the awarding of that contract to comply with— a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 9 of the relevant Regulations; or
the Public Works Contracts Regulations 1991,
the Public Services Contracts Regulations 1993, or
the Public Supply Contracts Regulations 1995,
in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 14.
“Second information notice”, in relation to the awarding of a waste contract by a waste authority, means—
in a case where the authority is required in the awarding of that contract to comply with— a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 11, 12 or 13 of the relevant Regulations; or
the Public Works Contracts Regulations 1991,
the Public Services Contracts Regulations 1993, or
the Public Supply Contracts Regulations 1995,
in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities which in accordance with regulation 15(2)(b) satisfies the requirement of regulation 15(1) to make a call for competition.
Until the date on which the municipal waste management strategy is first published under section 353(1) above, sections 356(1), 357(5) and 358(3) above have effect as if the references to the municipal waste management strategy were references to the policies contained in the strategy prepared by the Secretary of State in accordance with section 44A of the Environmental Protection Act 1990 (national waste strategy).
Section 49 of the Environmental Protection Act 1990 (duty of waste collection authorities to produce waste recycling plans) shall be amended as follows.
In subsection (4) (duty of waste collection authorities to send a draft of the waste recycling plan to the Secretary of State) after “a waste collection authority” there shall be inserted “other than a waste collection authority in Greater London”.
After that subsection there shall be inserted—
In subsection (7) (directions by the Secretary of State as to the time within which duties imposed by the section are to be performed) after “any waste collection authority” there shall be inserted “other than a waste collection authority in Greater London”.
After that subsection there shall be inserted—
The Mayor shall prepare and publish a document to be known as the “London air quality strategy”.
The London air quality strategy shall contain the Mayor’s proposals and policies— and may contain such other proposals and policies relating to the improvement of air quality in Greater London as the Mayor considers appropriate.
for the implementation in Greater London of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the Environment Act 1995 (national air quality strategy), and
for the achievement in Greater London of the air quality standards and objectives prescribed in regulations made under section 87(2)(a) and (b) of that Act,
The London air quality strategy shall also contain information about—
the air quality in Greater London and the likely future air quality in Greater London,
the measures which are to be taken by the Authority, Transport for London and the London Development Agency for the purpose of the implementation of the London air quality strategy,
the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of the implementation of the London air quality strategy.
In preparing or revising the London air quality strategy the Mayor shall have regard—
to reviews and assessments of air quality made by local authorities in Greater London in accordance with section 82 of the Environment Act 1995,
to any designation by a local authority in Greater London of an air quality management area in accordance with section 83 of that Act,
to any plan prepared for the purposes of the achievement of air quality standards by a local authority in Greater London in accordance with section 84(2)(b) of that Act, and
to any guidance about the content of the London air quality strategy given to him by the Secretary of State for the purposes of the implementation of the strategy prepared and published by the Secretary of State in accordance with section 80 of that Act, (national air quality strategy).
In preparing or revising the London air quality strategy the Mayor shall consult—
the Environment Agency, and
any local authority the area of which has a boundary which adjoins any part of the boundary of Greater London.
Where the Mayor revises the London air quality strategy, he shall publish it as revised.
In this Act, references to the London air quality strategy include, except where the context otherwise requires, a reference to the London air quality strategy as revised.
Where the Secretary of State considers that either of the conditions specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the London air quality strategy.
The conditions mentioned in subsection (1) above are—
that the London air quality strategy or its implementation is likely to be detrimental to any area outside Greater London, or
that a direction about the content of the London air quality strategy is required for the purposes of the implementation of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the Environment Act 1995 (national air quality strategy).
The power of the Secretary of State to give a direction to the Mayor under subsection (1) above—
may be exercised either generally or specially, and
may only be exercised after consultation with the Mayor.
Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.
In exercising any function under Part IV of the Environment Act 1995 (air quality) a local authority in Greater London shall have regard to the London air quality strategy.
The Mayor may give a direction to any local authority in Greater London requiring the authority to provide him with such information, advice and assistance as he may require in the preparation and revision of the London air quality strategy.
The power of the Mayor to give a direction to an authority under subsection (1) above may be exercised either generally or specially.
Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.
For the purposes of sections 362 to 365 above “local authority” has the meaning given to it by section 91(1) of the Environment Act 1995.
Section 85 of the Environment Act 1995 (reserve powers of the Secretary of State in relation to air quality) shall be amended in accordance with subsections (2) to (4) below.
In subsection (1) (definition of “appropriate authority” for the purposes of the section)—
in paragraph (a), for “England and Wales, the Secretary of State; and” there shall be substituted “local authorities in England and Wales other than local authorities in Greater London, the Secretary of State;”, and
after that paragraph there shall be inserted—.
After subsection (4) there shall be inserted—
In subsection (5) (power of the Secretary of State to give directions relating to obligations under the Community Treaties or to international obligations) after “local authorities” there shall be inserted “, other than local authorities in Greater London,”.
After subsection (6) (publishing of directions under the section) there shall be inserted—
After section 86 of the Environment Act 1995 (functions of county councils in relation to district councils) there shall be inserted—
A local authority specified in sub-paragraph (2B) below shall in carrying out the functions falling within sub-paragraph (1)(a) to (c) above also consult the Mayor of London. The local authorities mentioned in sub-paragraph (2A) above are—
The Mayor shall prepare and publish a document to be known as the “London ambient noise strategy”.
The London ambient noise strategy shall consist of—
information about ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London,
an assessment of the impact of the Mayor’s strategies specified in section 41(1) above on ambient noise levels in Greater London, and
a summary of action taken, or proposed to be taken, by the Mayor for the purpose of promoting measures to reduce ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London.
In this section—
Noise falls within this subsection if it is— but noise does not fall within this subsection if it is noise from a fixed industrial source.
noise emitted from works falling within section 60(1) of the Control of Pollution Act 1974 (construction works etc. which may be controlled by a local authority);
noise caused by the operation of a loud-speaker in a street, whether or not the operation would be a contravention of section 62(1) of the Control of Pollution Act 1974 (loud-speaker not to be operated in the street during certain hours);
noise at work which, under or by virtue of the Health and Safety at Work etc. Act 1974, it is the duty of an employer to control; or
noise emitted from premises or emitted from or caused by a vehicle, machinery or equipment in a street, except noise caused by aircraft other than model aircraft or noise made by traffic;
Expressions used in paragraph (d) of subsection (4) above and in section 79 of the Environmental Protection Act 1990 have the same meaning in that paragraph as they have in that section.
In preparing or revising the London ambient noise strategy the Mayor shall consult the Environment Agency.
Where the Mayor revises the London ambient noise strategy he shall publish it as revised.
In this Act, references to the London ambient noise strategy include, except where the context otherwise requires, a reference to the London ambient noise strategy as revised.
A person who provides air navigation services shall consult the Mayor about the matters specified in subsection (2) below where it is reasonably practicable to do so.
Those matters are— where the proposed alteration or addition will have a significant adverse effect on the noise caused by civil aircraft in Greater London.
the proposed alteration by that person of any route used regularly by civil aircraft before arrival at, or after departure from, any aerodrome;
the proposed addition by that person of any route to be so used;
any substantial alteration proposed to be made by that person to procedures used for managing the arrival of civil aircraft at any aerodrome,
For the purposes of subsection (2) above the reference to a route used regularly by civil aircraft includes a reference to the altitude at which such aircraft regularly fly.
In this section—
Section 35 of the Civil Aviation Act 1982 (facilities to be provided by certain aerodromes for consultation with bodies representing local interests) shall be amended as follows.
After subsection (2) (persons or bodies to be consulted) there shall be inserted—.
In exercising any function, each of the functional bodies shall have regard to the strategies prepared and published by the Mayor under this Part.
The joint committee appointed pursuant to the provisions of Part VI of the Local Government Act 1972 and known as “the London Ecology Committee” is abolished by this section.
There shall be a body corporate to be known as the Cultural Strategy Group for London.
The Cultural Strategy Group for London shall have—
the function of providing advice to the Mayor on the contents and implementation of the culture strategy under section 376 below; and
such other functions as may be conferred or imposed on, or made exercisable by, them by or under any other enactment, whenever passed or made.
Schedule 30 to this Act shall have effect with respect to the Cultural Strategy Group for London.
The Cultural Strategy Group for London shall formulate and submit to the Mayor a draft strategy containing proposed policies with respect to culture, media and sport in Greater London.
As soon as reasonably practicable after the draft strategy has been submitted to the Mayor, the Mayor shall prepare and publish a document to be known as the “culture strategy”.
The culture strategy published under subsection (2) above shall be the draft strategy submitted to the Mayor under subsection (1) above, with such modifications (if any) as the Mayor considers appropriate.
The Cultural Strategy Group for London shall keep the culture strategy under review and may submit proposed revisions of it to the Mayor.
The policies that may be contained in the culture strategy include policies with respect to each of the following matters—
the arts, tourism and sport;
ancient monuments and sites;
buildings and other structures which are of historical or architectural interest or which otherwise form part of the heritage of Greater London;
museums and galleries;
library services;
archives;
treasure, and antiquities of a movable nature;
broadcasting, film production and other media of communication.
The Mayor may give the Cultural Strategy Group for London directions requiring the draft strategy to be formulated and submitted under subsection (1) above not later than such date as may be specified in the directions.
The Cultural Strategy Group for London shall comply with any directions under subsection (6) above.
Where the Mayor revises the culture strategy otherwise than in response to proposed revisions submitted by the Cultural Strategy Group for London under subsection (4) above, then, in the case of that revision—
the bodies and persons required to be consulted under subsection (1) of section 42 above shall include the Cultural Strategy Group for London; and
the reference in subsection (5) of that section to the Assembly and the functional bodies shall be taken to include a reference to the Cultural Strategy Group for London.
In this Act, references to the culture strategy include, except where the context otherwise requires, a reference to the culture strategy as revised.
The Authority may provide financial or other assistance for the purposes of any museum, gallery, library, archive or other cultural institution in Greater London.
Any assistance under this section may be provided subject to conditions.
The conditions that may be imposed under subsection (2) above include in particular—
conditions with respect to the keeping, and production for inspection, of accounts and records; and
conditions requiring the making of repayments in respect of financial assistance in whole or in part.
The functions of the Authority shall include the duty—
to encourage people to visit Greater London;
to encourage people from outside the United Kingdom to visit the United Kingdom by way of Greater London; and
to encourage the provision and improvement of tourist amenities and facilities in Greater London.
The Authority shall have power to do anything—
for the purpose of discharging the functions conferred on it by this section; or
which is incidental or conducive to the discharge of those functions.
For the purpose of discharging the functions conferred on it by this section, the powers of the Authority shall (in particular) include power—
to undertake publicity or other promotional activities in any form;
to provide advisory and information services;
to promote or undertake research;
to enter into arrangements with any other person or organisation for or in connection with the carrying on by that person or organisation of any activity which the Authority has power to carry on under this section.
The Authority shall have power by virtue of subsections (2) and (3) above to carry on any activities outside the United Kingdom for the purpose of encouraging people—
to visit Greater London or any part of it, or
to visit the United Kingdom by way of Greater London.
In discharging its functions under subsections (1) to (4) above, the Authority shall have regard to the desirability of undertaking appropriate consultation and, in appropriate cases, co-operating with—
the Secretary of State;
any Tourist Board; or
any other persons who, or organisations which, have knowledge of, or are interested in, matters affecting the discharge of those functions.
The Authority shall have power to provide financial or other assistance—
to persons or organisations discharging in relation to Greater London or any part of Greater London functions corresponding to those of the Authority under this section; or
to any other person or organisation, for the purpose of discharging any of the Authority’s functions under subsections (1) to (4) above.
Where the Authority provides assistance under subsection (6) above, it may do so subject to conditions.
The conditions that may be imposed under subsection (7) above include in particular—
conditions with respect to the keeping, and production for inspection, of accounts and records; and
conditions requiring the making of repayments in respect of financial assistance in whole or in part.
The Authority may charge for its services and receive contributions towards its expenses in carrying out any of its functions under this section.
Nothing in this section authorises the Authority to borrow money otherwise than as provided by the other provisions of this Act.
In this section “Tourist Board” means—
the British Tourist Authority;
the English Tourist Board;
the Northern Ireland Tourist Board;
the Scottish Tourist Board; or
the Wales Tourist Board.
It shall be the duty of the Authority to advise— on such matters relating to tourism in Greater London as the Minister or, as the case may be, that Authority or Board may refer to it or as the Authority thinks fit.
any Minister of the Crown,
the British Tourist Authority, or
the English Tourist Board,
Any function exercisable on behalf of the Authority by the Mayor under or by virtue of this Part shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
Those bodies and persons are—
the Deputy Mayor;
any member of staff of the Authority;
the Cultural Strategy Group for London;
the London Development Agency;
the Common Council;
any local authority.
In the case of the Common Council or a local authority, an authorisation under this section—
may only be granted or varied with its written consent; and
shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.
Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
Subsection (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by— except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
a committee or sub-committee, or a member, officer or employee, of the body or person, or
a joint committee on which the person or body is represented,
Subsection (1) above does not apply—
in relation to functions under this section; or
in relation to any function of making byelaws under section 385(1) below.
An authorisation under subsection (1) above which relates to— may only be given to the Deputy Mayor or a member of staff of the Authority.
any function under section 376 above, or
the exercise of any function under or by virtue of section 383(1) or 384(3) below to the extent that it involves a determination as to whether to permit a public demonstration to take place in Trafalgar Square or Parliament Square Garden,
An authorisation under subsection (1) above which relates to any function of enforcing any byelaws made under section 385(1) below may only be given—
to the Deputy Mayor,
to any member of staff of the Authority,
to the Common Council,
to any local authority.
Each of the following bodies, namely— shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
the Cultural Strategy Group for London,
the London Development Agency,
the Common Council,
any local authority,
Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor— as they apply to arrangements under that section between one local authority and another.
to a local authority,
to the Cultural Strategy Group for London, or
to the London Development Agency,
An authorisation under this section may be varied or revoked at any time by the Mayor.
Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
In this section—
The Secretary of State may pay to the Authority grants of such amounts in respect of expenditure incurred or to be incurred by the Authority in the exercise, or in any particular exercise, of any of the Authority’s tourism functions as he may with the consent of the Treasury determine.
A grant under subsection (1) above may be made subject to such conditions as the Secretary of State may, with the consent of the Treasury, determine.
The conditions that may be imposed by virtue of subsection (2) above include in particular—
conditions with respect to the keeping, and production for inspection, of accounts and records;
conditions relating to the level of performance to be achieved by the Authority in respect of any of its tourism functions and the consequences of failure to achieve that level; and
conditions requiring repayment of the grant in whole or in part.
In this Chapter—
The functions conferred or imposed on the Authority under or by virtue of this Chapter shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the Assembly.
The functions of the Secretary of State under section 2 of the Trafalgar Square Act 1844 (care, control, management and regulation of the Square and its ornaments etc) are transferred by this subsection to the Authority.
In that section, the words from “by and out of such Monies” to “by Authority of Parliament” shall cease to have effect.
The functions transferred to the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
The land comprised in the site of the central garden of Parliament Square (which, at the passing of this Act, is vested in the Secretary of State for Culture, Media and Sport) is by this subsection transferred to and vested in Her Majesty as part of the hereditary possessions and revenues of Her Majesty.
Nothing in subsection (1) above affects—
any sewers, cables, mains, pipes or other apparatus under that site, or
any interest which was, immediately before the passing of this Act, vested in London Regional Transport or any of its subsidiaries.
The care, control, management and regulation of the central garden of Parliament Square shall be functions of the Authority.
It shall be the duty of the Authority well and sufficiently to light, cleanse, water, pave, repair and keep in good order and condition the central garden of Parliament Square.
The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.
In consequence of the preceding provisions of this section, any functions of the Secretary of State under or by virtue of section 22 of the Crown Lands Act 1851 (duties and powers of management in relation to the royal parks, gardens and possessions there mentioned), so far as relating to the whole or any part of the central garden of Parliament Square, shall determine.
Subsections (3) and (4) above shall have effect notwithstanding any law, statute, custom or usage to the contrary.
Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
In this section “the central garden of Parliament Square” means the site in Parliament Square on which the Minister of Works was authorised by the Parliament Square (Improvement) Act 1949 to lay out the garden referred to in that Act as “the new central garden”.
The Authority may make such byelaws to be observed by persons using Trafalgar Square or Parliament Square Garden as the Authority considers necessary for securing the proper management of those Squares and the preservation of order and the prevention of abuses there.
Byelaws under this section may designate specified provisions of the byelaws as trading byelaws.
A person who contravenes or fails to comply with any byelaw under this section shall be guilty of an offence and liable on summary conviction—
if the byelaw is a trading byelaw, to a fine not exceeding level 3 on the standard scale, or
in any other case, to a fine not exceeding level 1 on the standard scale.
The provision that may be made in byelaws under this section includes provision for or in connection with—
the licensing of any trading; and
the seizure, retention or disposal of any property in connection with any contravention of or failure to comply with a trading byelaw.
The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.
Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
In this section—
The Secretary of State may issue guidance to the Mayor concerning the exercise of any function under or by virtue of section 383(1), 384(3) or (4) or 385(1) above by him or any body or person authorised to exercise the function under section 380 above.
In deciding whether or how to exercise that function, the Mayor, or body or person, shall have regard to any guidance issued under subsection (1) above.
The Trustee Investments Act 1961 shall be amended as follows.
In section 11 (local authority investment schemes) in subsection (4) (the authorities to which the section applies) in paragraph (a)—
after “England and Wales” there shall be inserted “, the Greater London Authority,”; and
after “Common Council of the City of London” there shall be inserted “, a functional body (within the meaning of the Greater London Authority Act 1999),”.
In Schedule 1, in Part II (narrower-range investments requiring advice), in paragraph 9—
after paragraph (a) there shall be inserted—; and
in paragraph (d), the words “the Receiver for the Metropolitan Police District or” shall cease to have effect.
In section 1(4) of the Local Authorities (Goods and Services) Act 1970, in the definition of “local authority”—
after “London borough,” there shall be inserted “the Greater London Authority,”; and
after “any joint authority established by Part IV of the Local Government Act 1985” there shall be inserted “and the London Fire and Emergency Planning Authority, Transport for London and the London Development Agency”.
Employment with— shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.
the Authority,
Transport for London,
the London Development Agency,
the Metropolitan Police Authority, or
the London Transport Users' Committee,
The Greater London Authority. The London Development Agency. The London Transport Users' Committee. The Metropolitan Police Authority. Transport for London.
Each of the bodies specified in subsection (1) above shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to this section (so far as referable to that body) in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.
Where an employee of any of the bodies specified in subsection (1) above— the Minister for the Civil Service may determine that his service as such a member shall be treated for the purpose of the scheme as service as an employee of that body.
is, by reference to that employment, a participant in a scheme under section 1 of the Superannuation Act 1972, and
is also a member of that body,
A determination under subsection (4) above shall be without prejudice to—
paragraph 2(6) of Schedule 10 to this Act, in the case of Transport for London;
paragraph 2 of Schedule 18 to this Act, in the case of the London Transport Users' Committee; or
paragraph 3 of Schedule 2 to the Regional Development Agencies Act 1998, in the case of the London Development Agency.
In consequence of the inclusion, by virtue of subsection (2) above, of an entry relating to the London Development Agency in Schedule 1 to the Superannuation Act 1972, in the entry in that Schedule relating to a development agency established under section 1 of the Regional Development Agencies Act 1998, there shall be added at the end “(other than the London Development Agency (for which there is a separate entry))”.
The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to any person the function of administering a scheme made under section 1 of the Superannuation Act 1972, so far as relating to employees of any of the bodies specified in section 389(1) above.
A person to whom the function of administering a scheme made under section 1 of the Superannuation Act 1972 is delegated under subsection (1) above may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person.
Where a person is authorised under subsection (2) above to exercise the function of administering a scheme made under section 1 of the Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.
Subsection (3) above does not apply for the purposes of—
any criminal proceedings against the authorised person (or any employee of his); or
any contract between him and the person who authorised him, so far as relating to the function.
The following bodies, namely— shall each be treated as a local authority for the purposes of section 71 of the Race Relations Act 1976 (general statutory duty of local authorities).
the Authority,
the Metropolitan Police Authority, and
the London Fire and Emergency Planning Authority,
In Schedule 1 to the Stock Transfer Act 1982 (specified securities) paragraph 7 (securities issued by local authorities etc) shall be amended as follows.
In sub-paragraph (1), at the end of paragraph (ba) there shall be inserted “or” and paragraph (c) (which relates to the Receiver for the Metropolitan Police District) and the word “or” immediately preceding it shall cease to have effect.
In sub-paragraph (2) (which defines “local authority”) in paragraph (a)—
after “namely,” there shall be inserted “the Greater London Authority,”; and
after “Common Council of the City of London” there shall be inserted “, a functional body (within the meaning of the Greater London Authority Act 1999),”.
In Part V of the Local Government and Housing Act 1989 (companies in which local authorities have interests) section 67 (application of, and orders under, the Part) shall be amended as follows.
In subsection (3) (which specifies the bodies which are local authorities for the purposes of the Part) after paragraph (b) there shall be inserted—.
Section 25(1) of the Local Government Act 1974 (which specifies the bodies which are subject to investigation under Part III of that Act) shall be amended as follows.
After paragraph (bb) there shall be inserted—.
After paragraph (c) there shall be inserted—.
After paragraph (ca) (police authority established under section 3 of the Police Act 1996) there shall be inserted—
After paragraph (cb) there shall be inserted—.
In consequence of subsection (2) above, in Schedule 2 to the Parliamentary Commissioner Act 1967, at the end of the entry relating to regional development agencies (which is inserted by paragraph 2 of Schedule 7 to the Regional Development Agencies Act 1998) there shall be added “(other than the London Development Agency)”.
Subject to the following provisions of this section, the functional bodies shall provide the Mayor with such information, advice and assistance as he may by notice request.
The information, advice or assistance that may be requested under subsection (1) above is such information, advice or assistance as the Mayor may reasonably require for the purpose of discharging functions of the Authority which are exercisable by him.
The Secretary of State may by order—
prescribe categories of information which a functional body may refuse to provide to the Mayor under subsection (1) above, or
impose further limitations on the exercise of the powers conferred on the Mayor by subsection (1) above.
The Authority—
may carry out, or assist in carrying out, investigations into, or the collection of information relating to, any matters concerning Greater London or any part of it; and
may make, or assist in making, arrangements whereby any such information is, or the results of any such investigation are, made available to any government department, any local authority in Greater London, any other body or person, or the public.
The Secretary of State may make regulations requiring the Authority to carry out, or assist in carrying out, under subsection (1)(a) above investigations into, or the collection of information relating to, such matters as may be specified in the regulations or matters of such a description as may be so specified.
Regulations under subsection (2) above may make provision requiring the Authority to make, or assist in making, arrangements whereby any such information is, or the results of any such investigation are, made available to—
government departments;
bodies or persons specified, or of a description specified, in the regulations; or
the public.
The Secretary of State may make regulations requiring the Authority to make, or assist in making, arrangements whereby information falling within subsection (5) below which is in the possession of the Authority is made available to any of the bodies and persons mentioned in subsection (3)(a) to (c) above.
The information which falls within this subsection is—
information collected, or the result of any investigation carried out, by the Authority under subsection (1)(a) above, and
information collected, or the result of any investigation carried out, other than by the Authority which has been transferred to the Authority by virtue of an order under section 408 below or a scheme under section 409 below.
Any functions conferred or imposed on the Authority by or under this section shall be exercisable by the Mayor acting on behalf of the Authority.
Subsection (6) above does not apply in relation to any function expressly conferred or imposed on the Assembly by regulations under subsection (2) above.
The Mayor shall from time to time, and at least once in every year, consult each London borough council and the Common council about the exercise of the Authority’s functions under subsection (1) above.
Before making any regulations under subsection (2) above, the Secretary of State shall consult the Mayor, the Assembly, every London borough council and the Common Council.
Any scheme made for Greater London under subsection (1) of section 88 of the Local Government Act 1985 (research and collection of information) is revoked by this subsection.
In that section— shall cease to have effect.
in subsection (1), the words “Greater London or”, and
subsection (12)(a),
After subsection (13) of that section (power of London borough councils etc to exercise functions described in subsection (1)(a) and (b) of that section) there shall be inserted—
The Mayor may make schemes for the collection of information relating to any matters concerning Greater London or any part of it.
The schemes that may be made under this section include schemes under which each London local authority must provide to the Mayor, in accordance with the scheme, information—
required by the Mayor to be provided; and
falling within such description of information as is specified in the scheme.
A scheme under this section may be made only after consultation with each London local authority.
A scheme under this section shall have effect so as to be binding on all the London local authorities only if at least two-thirds of those authorities give their agreement to the scheme.
A scheme under this section shall state whether or not it is to remain in effect indefinitely and, if it is not to remain in effect indefinitely, shall state the period for which it is to remain in effect.
A scheme under this section may include provision relating to—
the method by which information to be collected or provided under the scheme is to be analysed;
the form in which such information is to be collected or provided;
the ownership of information collected or provided under the scheme;
the method by which information is to be transferred or stored under the scheme;
the persons to whom information collected or provided under the scheme may, or must not, be disclosed;
bearing the costs of the scheme.
The provision which may be made by virtue of subsection (6)(f) above includes in particular provision—
for the costs of collecting or providing information of a description specified in the scheme to be borne by the Mayor or a London local authority or by both the Mayor and a London local authority in such proportions as may be specified by or under the scheme;
for the recovery of costs related to the scheme by the Mayor from a London local authority, by a London local authority from the Mayor or by a London local authority from another such authority.
A scheme under this section may contain such supplementary provision as the Mayor considers necessary or expedient.
The powers of the Mayor under this section are without prejudice to any other power of the Mayor under or by virtue of this Act to require any London local authority to provide information.
For the purposes of this section “London local authority” means a London borough council or the Common Council.
Where— the Mayor may apply to the Secretary of State for a direction that the scheme is to have effect so as to be binding on all those authorities.
a scheme is made by virtue of subsection (2) of section 397 above, but
the agreement of at least two-thirds of the London local authorities is not given to the scheme as mentioned in subsection (4) of that section,
A direction by the Secretary of State under subsection (1) above shall specify the date from which the scheme is to have effect by virtue of the direction.
Before giving a direction under subsection (1) above the Secretary of State shall consult each London local authority and may give such a direction only if he considers—
that the provision of information of the description which may be required by the Mayor to be provided under the scheme is necessary for the exercise of functions of the Authority; and
that the provisions of the scheme will not impose an unreasonable financial burden on the London local authorities.
For the purposes of any scheme made by virtue of subsection (2) of section 397 above each London local authority shall have power to collect any information which is required to be provided by that authority to the Mayor under the scheme.
For the purposes of this section a London local authority means a London borough council or the Common Council.
A scheme under section 397 above may at any time—
be revoked by the Mayor; or
be varied by the Mayor in accordance with the terms of the scheme or by agreement between the Mayor and at least two-thirds of the London local authorities.
Before deciding whether to revoke or vary a scheme by virtue of subsection (1) above the Mayor shall consult each London local authority.
Where the Mayor revokes or varies a scheme by virtue of subsection (1) above he shall notify each London local authority of the revocation or variation.
For the purposes of this section “London local authority” means a London borough council or the Common Council.
Section 1 of the Local Government (Overseas Assistance) Act 1993 (power of local authorities to provide advice and assistance overseas) shall be amended as follows.
After subsection (6) there shall be inserted—
In subsection (9)(a) (authorities given power to provide assistance) after “Wales,” there shall be inserted “the Greater London Authority,”.
The Secretary of State shall be under a duty to provide accommodation for— during the period of five years beginning with the day on which this Act is passed.
the Authority, and
each of the functional bodies,
If the Secretary of State is satisfied that appropriate accommodation is available or has been provided for a body falling within paragraph (a) or (b) of subsection (1) above, he may by order make provision substituting for the period for the time being specified in that subsection as it has effect in relation to that body such shorter period as he may determine.
Where the Secretary of State— he may by order make provision substituting for that period (whether or not it has expired) such longer period as he may determine, ending not later than the period of five years beginning with the day on which this Act is passed.
has made an order under subsection (2) above in the case of any body, but
subsequently considers that it is necessary, expedient or desirable to extend the period for the time being specified in subsection (1) above as it has effect in relation to that body,
The Secretary of State need not provide accommodation for a body under subsection (1) above during any period as respects which that body has notified him that it does not require him to provide accommodation for it.
The provision of accommodation under subsection (1) above shall be on such financial and other terms as the Secretary of State may determine.
For each financial year the London Pensions Fund Authority (“the LPFA”) shall prepare— and shall submit those statements to the Mayor on or before 31st December in the preceding financial year.
a statement containing a draft budget for the LPFA for that financial year and specifying the amount of any levy which the LPFA proposes to make on any class of authority in respect of that year by virtue of any levying bodies regulations; and
a statement of the LPFA’s strategic plans and objectives for that financial year and the two following financial years;
If— the LPFA shall have regard to the comments in setting its budget for the financial year to which the statement relates.
the Mayor gives the LPFA any comments on a statement submitted in accordance with subsection (1)(a) above, and
those comments are given on or before 31st January immediately following the submission of the statement,
In this section—
“levying bodies regulations” means regulations (at the passing of this Act, the Levying Bodies (General) Regulations 1992)—
This section has effect in relation to financial years beginning on or after 1st April 2001.
The functions conferred or imposed on the Secretary of State under or by virtue of the provisions of Schedule 1 to the London Government Reorganisation (Pensions etc.) Order 1989 (“the 1989 Order”) specified in subsection (2) below are transferred to the Mayor by this subsection.
Those provisions are—
paragraph 1 (appointment of members etc);
paragraph 2(b) (which makes provision about tenure of office by applying paragraph 2 of Schedule 13 to the Local Government Act 1985);
paragraph 2(c) (which makes provision about determinations relating to remuneration etc by applying paragraph 3 of that Schedule);
paragraph 2(f) (which makes provision about reports and information by applying paragraph 10 of that Schedule).
In the application of paragraph 3 of Schedule 13 to the Local Government Act 1985 (determinations relating to remuneration etc) by virtue of subsections (1) and (2)(c) above, sub-paragraph (5) (which requires the consent of the Treasury to any determination) shall be omitted.
In the application of paragraph 10 of that Schedule (reports and information) by virtue of subsections (1) and (2)(d) above, in sub-paragraph (2) (which requires the authority to send a copy of its annual report to the Secretary of State, and the Secretary of State to lay copies of it before Parliament) the words from “and the Secretary of State” to the end of the sub-paragraph shall be omitted.
Any appointment— shall have effect as from the coming into force of subsection (1) above, so far as so relating, as an appointment made by the Mayor under and in accordance with that sub-paragraph (and subject accordingly to the provisions of paragraphs 2 and 3 of Schedule 13 to the Local Government Act 1985 as they have effect by virtue of subsections (1) and (2)(b) or (c) above).
made by the Secretary of State under sub-paragraph (1) or (2) of paragraph 1 of Schedule 1 to the 1989 Order, and
in force immediately before the coming into force of subsection (1) above, so far as relating to subsection (2)(a) above,
In exercising their functions, it shall be the duty of— to comply with the requirement in subsection (2) below.
the Greater London Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly jointly),
the Metropolitan Police Authority, and
the London Fire and Emergency Planning Authority,
The requirement is to have regard to the need—
to promote equality of opportunity for all persons irrespective of their race, sex, disability, age, sexual orientation or religion;
to eliminate unlawful discrimination; and
to promote good relations between persons of different racial groups, religious beliefs and sexual orientation.
This section is without prejudice to section 33 above and is subject to any provision made by or under any other enactment.
Any Minister of the Crown may by order make such amendments, repeals or revocations as appear to him to be appropriate in consequence of this Act, or of any regulations or orders under this Act,—
in any enactment contained in an Act passed before the relevant day or in the Session in which that day falls; or
in any subordinate legislation (including subordinate legislation made under or by virtue of this Act) made before the relevant day or in the Session in which that day falls.
Any power of a Minister of the Crown by order or regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes— any such enactment, or any instrument made under any such enactment, as is mentioned in subsection (1) above or any charter, whenever granted.
to apply with or without modifications,
to extend, exclude or amend, or
to repeal or revoke with or without savings,
The amendment by this Act of any provision is without prejudice to the exercise in relation to that provision of the powers conferred by this section.
For the purposes of this section “the relevant day” means the earliest day on which— and any reference to an Act passed before that day includes a reference to this Act.
the Authority and the functional bodies are all in being, and
London Regional Transport and the Receiver for the Metropolitan Police District have ceased to exist,
A Minister of the Crown may by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient—
for the general purposes, or any particular purposes, of this Act;
in consequence of, or otherwise in connection with, any provision made by or under this Act;
for giving full effect to this Act; or
in consequence of such of the provisions of any other Act passed— as apply to any area, or any body or person, affected by this Act.
before the relevant day, within the meaning of section 405 above, or
in the Session in which that day falls,
The provision that may be made by an order under this section includes provision—
for requiring or enabling any body or person by whom any powers will, on a date specified by or under this Act, become exercisable by virtue of any provision made by or under this Act to take before that date any steps which are necessary or expedient as a preliminary to the exercise of those powers;
for the making, before any date specified by or under this Act, of arrangements for securing the satisfactory operation on or after that date of any provision made by or under this Act and for defraying the cost of any such arrangements;
for authorising or requiring the exercise by or in relation to any body or person before a date specified by or under this Act, and whether with or without modifications, of any functions under or by virtue of this Act which will become exercisable on or after that date by or in relation to other bodies or persons, and for defraying any costs incurred in connection with any such exercise;
for requiring any body or person by whom any powers are exercisable before a date specified by or under this Act to refrain from exercising those powers on or after that date or to refrain from exercising them as respects a period beginning on or after that date.
Any functions under or by virtue of this Act which will become exercisable by a person or body other than the Secretary of State may, before they become so exercisable, be exercised by the Secretary of State for the purpose of appointing such persons as he considers necessary to secure that any provision made by or under this Act operates satisfactorily when it comes into force.
The Secretary of State may defray any costs which are incurred in the exercise of the functions mentioned in subsection (1) above.
In exercising the functions mentioned in subsection (1) above, the Secretary of State may appoint a person on such terms and conditions (including conditions as to remuneration) as the Secretary of State thinks fit.
Any such terms and conditions may include provision to the effect that the person concerned—
is, or is not, to be or become a member of a particular pension scheme, or
is, or is not, to be treated as employed in the civil service of the State.
A Minister of the Crown may by order make provision for or in connection with the transfer to any body or person falling within subsection (2) below of such property, rights or liabilities of a body or person falling within subsection (3) below as he may consider appropriate.
The bodies and persons falling within this subsection are—
the Authority;
any functional body;
any subsidiary of Transport for London;
London Regional Transport or any subsidiary of London Regional Transport;
any local authority or the Common Council;
any police authority established under section 3 of the Police Act 1996;
the London Transport Users' Committee;
any Minister of the Crown or government department;
any body or person, or the holder of any office, established by or under this Act and not falling within the preceding paragraphs of this subsection.
The bodies and persons falling within this subsection are—
any Minister of the Crown or government department;
any London borough council or the Common Council;
London Regional Transport or any subsidiary of London Regional Transport;
any company all the shares in which are held by a Minister of the Crown;
the Receiver for the Metropolitan Police District;
the Commissioner of Police of the Metropolis;
the Development Commission;
the Urban Regeneration Agency;
the Commission for the New Towns;
any body or person, or the holder of any office, for whose abolition or dissolution provision is made by or under this Act and which does not fall within the preceding paragraphs of this subsection.
The power conferred by subsection (1) above is exercisable—
for the general purposes, or any particular purposes, of this Act;
in consequence of, or otherwise in connection with, any provision made by or under this Act;
for giving full effect to this Act; or
in consequence of such of the provisions of any other Act passed— as apply to any area, or any body or person, affected by this Act.
before the relevant day, within the meaning of section 405 above, or
in the Session in which that day falls,
The power conferred by subsection (1) above is also exercisable in relation to a transfer of property, rights or liabilities to the London Development Agency for any purpose for which such a transfer may be made by a scheme under the Regional Development Agencies Act 1998.
To the extent that an order under subsection (1) above makes provision for or in connection with the transfer of property, rights or liabilities to the London Development Agency from— section 38 of the Regional Development Agencies Act 1998 (relief from Corporation Tax) shall apply in relation to the order as if it were a transfer scheme within the meaning of that section.
the Urban Regeneration Agency, or
the Commission for the New Towns,
An order under subsection (1) above may make provision for or in connection with— in favour of, or on, any body or person falling within subsection (2) above or any body or person falling within subsection (3) above.
the grant or creation of an estate or interest in, or right over, any land or other property,
the grant or creation of any other rights, or
the imposition of liabilities,
An order under subsection (1) above may make provision for transfers to take effect at such time of day as may be specified in the order.
A Minister of the Crown may make schemes for the transfer from the Crown to one or more bodies or persons falling within subsection (2) of section 408 above of such property, rights or liabilities as he may consider appropriate.
A Minister of the Crown may by directions require a body or person falling within subsection (3) of section 408 above to make one or more schemes for the transfer to a body or person falling within subsection (2) of that section of such property, rights or liabilities as he may consider appropriate.
The powers conferred by subsection (1) or (2) above are exercisable—
for the general purposes, or any particular purposes, of this Act;
in consequence of, or otherwise in connection with, any provision made by or under this Act;
for giving full effect to this Act; or
in consequence of such of the provisions of any other Act passed— as apply to any area, or any body or person, affected by this Act.
before the relevant day, within the meaning of section 405 above, or
in the Session in which that day falls,
The powers conferred by subsection (1) or (2) above are also exercisable in relation to a transfer of property, rights or liabilities to the London Development Agency for any purpose for which such a transfer may be made by a scheme under the Regional Development Agencies Act 1998.
To the extent that a scheme under subsection (1) or (2) above makes provision for or in connection with the transfer of property, rights or liabilities to the London Development Agency from— section 38 of the Regional Development Agencies Act 1998 (relief from Corporation Tax) shall apply in relation to the scheme as if it were a transfer scheme within the meaning of that section.
the Urban Regeneration Agency, or
the Commission for the New Towns,
A scheme under subsection (1) or (2) above may make any provision that may be made by order under subsection (1) of section 408 above.
A scheme under subsection (1) or (2) above may make any provision that may be made by order under subsection (1) of section 411 below.
Accordingly, the bodies or persons in relation to which provision may be made by virtue of subsection (7) above are not restricted to those falling within subsection (2) or (3) of section 408 above.
Schedule 31 to this Act (which makes provision in relation to schemes under this section) shall have effect.
The provision that may be made by transfer instrument includes provision for or in connection with the transfer of—
rights and liabilities under contracts of employment; or
members of police forces and other persons in relation to whom paragraph (a) above does not apply.
Subsections (3) to (5) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.
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.
For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.
For the purposes of that Act, the employee’s period of employment with the transferor shall count as a period of employment with the transferee, and the change of employment shall not break the continuity of the period of employment.
In this section—
any reference to anything made or done by or in relation to the transferor includes a reference to anything which is treated by virtue of any enactment as having been made or done by or in relation to the transferor; and
any reference to an employee’s period of employment with the transferor shall be construed accordingly.
In the application of this section to a person employed in the civil service of the State—
any reference to employment includes a reference to employment in that service;
any reference to a contract of employment includes a reference to the terms of that employment; and
any reference to dismissal includes a reference to the termination of that employment.
Where a transfer instrument makes provision for or in connection with a transfer falling within subsection (1)(b) above, the provision that may be made includes provision for or in connection with applying subsections (3) to (7) above (with or without modifications) in relation to or otherwise in connection with the transfer.
In this section “transfer instrument” means—
an order under section 408 above; or
a scheme under section 409 above.
A Minister of the Crown may by order make provision with respect to the provision of pensions for or in respect of persons who are or have been employees of, or of subsidiaries of,—
any of the bodies or persons falling within subsection (2) of section 408 above;
any of the bodies or persons falling within subsection (3) of that section; or
any body or person whose undertaking, or part of whose undertaking, has been transferred by or under any enactment to a body or person falling within paragraph (b) above.
The provision that may be made by virtue of subsection (1) above includes provision for or in connection with—
the establishment of pension schemes or pension funds;
the administration or management of pension schemes or pension funds;
enabling persons to participate, or continue to participate, in any pension scheme and requiring their employers to make contributions under that scheme;
the rates, or the variation of the rates, of contributions to be made under any pension scheme, whether by employees or employers;
the re-arrangement, amalgamation, simplification or assimilation of pension schemes.
An order under subsection (1) above may make provision for or in connection with—
the alteration or winding up of any pension scheme or pension fund, whether in whole or in part;
the variation of any trust;
the transfer of the whole or any part of any pension fund or of any rights, obligations or liabilities under a pension scheme;
the persons by whom any function under or relating to the scheme is to be exercisable;
establishing a body to administer or assist in administering a pension scheme;
enabling all or any of the participants in a pension scheme to become instead participants in another pension scheme;
empowering the persons responsible for administering a pension scheme to carry out arrangements for the participation in the scheme of a person who has been an employee of, or of a subsidiary of, a body or person falling within paragraph (b) or (c) of subsection (1) above;
the amendment of a pension scheme;
the manner in which questions arising under the order are to be determined.
An order under subsection (1) above may amend— and any reference in this section to the amendment of a pension scheme includes a reference to the amendment of any such trust deed, rules or other instrument.
the trust deed of any pension scheme;
the rules of any such scheme; or
any other instrument relating to the constitution, management or operation of any such scheme;
An order under subsection (1) above may make provision for or in connection with cases where a person who, having pension rights to which such an order relates, becomes—
the Mayor or an Assembly member;
a member of a body or person falling within subsection (2) of section 408 above; or
a director of a subsidiary of such a body or person.
The provision that may be made by virtue of subsection (5) above includes, in particular, provision for or in connection with—
treating a person’s service as such a member or director as service in the employment of, or of a subsidiary of, such a body or person; or
treating two or more periods of service as continuous.
An order under this section may be made so as to have effect from a date prior to the making of the order.
An order under this section may only be made after consultation with the trustees or managers, or the administrators, of any pension fund or pension scheme to which the order relates.
An order under subsection (1) above which makes provision by virtue of subsection (3)(f) above in relation to persons who are or have been employees of the Metropolitan Police Authority shall only be made—
after consultation with the Metropolitan Police Authority, and
with the consent of the Minister for the Civil Service.
Schedule 32 to this Act (which makes provision in relation to schemes for the provision of pensions or other benefits for or in respect of employees etc of London Regional Transport and its subsidiaries) shall have effect.
In this section—
The property, rights and liabilities which may be transferred by a transfer or pension instrument include—
property, rights and liabilities that would not otherwise be capable of being transferred or assigned; and
rights and liabilities under enactments.
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 or pension instrument (whether or not any consent required to the transfer has been obtained).
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 or pension instrument.
For purposes connected with any transfers made by virtue of a transfer or pension instrument (including the transfer of rights and liabilities under an enactment) a body or person to which anything is transferred by virtue of the instrument is to be treated as the same person in law as the body or person from which it is transferred, except as otherwise provided in the instrument.
Subsection (4) above is without prejudice to section 300 above, section 415 below or any other provision made by or under this Act which makes transitional provision in relation to a transfer.
Subsections (2) to (5) above shall have effect in relation to— as they have effect in relation to a transfer of land or other property.
the grant or creation of an estate or interest in, or right over, any land or other property, or
the doing of any other thing in relation to land or other property,
A transfer or pension instrument may define the property, rights and liabilities to be transferred by it—
by specifying or describing them;
by referring to all (or all but so much as may be excepted) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor; or
partly in the one way and partly in the other.
A transfer or pension instrument may make provision for the apportionment or division of any property, rights or liabilities.
Where a transfer or pension instrument 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.
The provision that may be made by a transfer or pension instrument includes provision for— to be on such terms, including financial terms, as the body or person making the instrument thinks fit.
any transfer of land or other property by virtue of the instrument,
the grant or creation of any estate or interest in, or right over, any land or other property by virtue of the instrument, or
the doing of any other thing in relation to land or other property by virtue of the instrument,
A transfer or pension instrument, other than an order under section 411 above, may provide—
that disputes as to the effect of the instrument between the transferor and any transferee are to be referred to such arbitration as may be specified in or determined under the instrument;
that determinations on such arbitrations and certificates given jointly by the transferor and any transferee as to the effect of the instrument as between them are to be conclusive for all purposes.
A Minister of the Crown may by order confer on any body or person to whom property, rights or liabilities are transferred by a transfer or pension instrument any statutory functions which were previously exercisable in relation to that property or, as the case may be, those rights or liabilities—
by a body or person falling within subsection (3) of section 408 above; or
in the case of a transfer under or by virtue of section 411 above, the transferor under the instrument.
It shall be the duty— to provide any Minister of the Crown with such information or assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any powers exercisable by him in relation to transfer or pension instruments.
of each of the bodies and persons falling within subsection (2) or (3) of section 408 above, and
of the trustees or managers, or administrators, of any pension scheme,
Where any person is entitled, in consequence of any transfer made by virtue of a transfer or pension instrument, to possession of a document relating in part to the title to, or to the management of, any land or other property in England and Wales—
the instrument may contain provision for treating that person as having given another person an acknowledgment in writing of the right of that other person to the production of the document and to delivery of copies thereof; and
section 64 of the Law of Property Act 1925 (production and safe custody of documents) shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.
In this section—
If, at any time after a transfer or pension instrument has come into force, a Minister of the Crown considers it appropriate to do so, he may by order provide that the instrument shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.
An order under subsection (1) above may make such provision as could have been made by the transfer or pension instrument.
An order under subsection (1) above may only be made after the requisite consultation.
If, at any time after a scheme under section 409 above has come into force, a Minister of the Crown considers it appropriate to do so, he may by directions require a body or person falling within subsection (2) of section 408 above to prepare modifications to the scheme of such a description as may be specified in the directions.
Where a body or person is required to prepare any modifications under subsection (4) above, the body or person shall submit the modifications to the Minister for his approval before such date as he may direct.
Where any modifications are submitted under subsection (5) above, the Minister may approve them with or without amendment.
Approval under subsection (5) above shall only be given after the requisite consultation.
An approval under subsection (5) above shall take effect on such date as the Minister may specify in giving the approval.
Where any modifications are made and approved under the preceding provisions of this section, whether with or without amendment, the scheme shall for all purposes be deemed to have come into force with those modifications, subject to any such amendment.
For the purposes of this section, “the requisite consultation”—
if or to the extent that the transfer or pension instrument concerned makes provision by virtue of the pension powers of this Part, is consultation with the trustees or managers, or the administrators, of any pension scheme affected; and
if or to the extent that the transfer or pension instrument concerned makes provision otherwise than by virtue of the pension powers of this Part, is consultation with any body which, or person who, the Minister considers may be affected.
In this section—
This section applies in any case where a transfer or pension instrument provides for the transfer of any foreign property, rights or liabilities.
It shall be the duty of the transferor and the transferee to take, as and when the transferee considers appropriate, all such steps as may be requisite to secure that the vesting in the transferee by virtue of the transfer or pension instrument of any foreign property, right or liability is effective under the relevant foreign law.
Until the vesting in the transferee, by virtue of the transfer or pension instrument, of any foreign property, right or liability is effective under the relevant foreign law, it shall be the duty of the transferor to hold that property or right for the benefit of, or to discharge that liability on behalf of, the transferee.
Nothing in subsections (2) and (3) above shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting in the transferee by virtue of a transfer or pension instrument of any foreign property, right or liability.
The transferor shall have all such powers as may be requisite for the performance of his duty under this section, but it shall be the duty of the transferee to act on behalf of the transferor (so far as possible) in performing the duty imposed on the transferor by this section.
References in this section 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 been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.
Duties imposed on the transferor or the transferee by this section shall be enforceable in the same way as if the duties were imposed by a contract between the transferor and the transferee.
Any expenses incurred by the transferor under this section shall be met by the transferee.
In this section “transfer or pension instrument” has the same meaning as in section 412 above.
None of the following, that is to say— shall affect the validity of anything done before the abolition, dissolution, transfer, repeal or revocation takes effect.
the abolition or dissolution by or under this Act of any body or office,
the transfer, repeal or revocation by or under this Act of any functions, or
the transfer by or under this Act of any property, rights or liabilities,
Subsections (3) to (5) below apply where any functions, property, rights or liabilities are transferred by or under this Act from a body or person (“the transferor”) to another body or person (“the transferee”).
There may be continued by or in relation to the transferee anything (including legal proceedings) which—
relates to any of the functions, property, rights or liabilities transferred, and
is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.
Anything which— shall have effect as if made or done by or in relation to the transferee.
was made or done by or in relation to the transferor for the purposes of or otherwise in connection with any of the functions, property, rights or liabilities transferred, and
is in effect immediately before the transfer takes effect,
The transferee shall be substituted for the transferor in any instruments, contracts or legal proceedings which—
relate to any of the functions, property, rights or liabilities transferred, and
are made or commenced before the transfer takes effect.
Any reference in this section to anything made or done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to the transferor.
Any question under this section as to— may be determined by a direction given by the Secretary of State.
whether any particular functions, property, rights or liabilities are transferred by or under this Act, or
the body to which, or person to whom, any particular functions, property, rights or liabilities are so transferred,
Subsections (1) to (7) above are without prejudice to any provision made by or under this Act in relation to any particular functions.
Subsections (3) to (5) above do not apply in relation to the transfer of functions, property, rights and liabilities to the extent that the provision by which, or the order or instrument under which, the transfer is made provides otherwise.
Nothing in this section shall be construed—
as continuing in force any contract of employment; or
as transferring any rights or liabilities relating to pensions.
Where— subsection (2) below shall apply.
provision is made by or under this Act for the repeal and re-enactment (with or without modifications) of any provision of the London Regional Transport Act 1984, and
the provision as re-enacted (“the new provision”) comes into force before the repeal of the provision of the London Regional Transport Act 1984 (“the old provision”),
Where this subsection applies, the provision that may be made by the Secretary of State under or by virtue of any power to make transitional provision by order under any provision of this Part includes power to make provision— notwithstanding that the repeal of the old provision has not come into force.
for any reference to the old provision in any relevant document to be construed as, or as including, a reference to the new provision, or
for anything made or done, or having effect as if made or done, under or by virtue of the old provision, to have effect, to the extent that it could have been made or done under or by virtue of the new provision, as if made or done under or by virtue of the new provision,
In subsection (2) above “relevant document” means—
any enactment;
any instrument made under an enactment;
any deed or other instrument;
any agreement;
any document not falling within the other paragraphs of this subsection.
An order under subsection (2) above may make provision—
in relation to all provisions falling within subsection (1)(b) above or such of those provisions as may be specified or described in the order; and
generally or in relation to such cases or circumstances, or such relevant documents or descriptions of relevant documents, as may be so specified or described.
Subsections (6) to (8) below have effect in relation to any agreement made by London Regional Transport under or by virtue of paragraph (a) of section 3(2A) of the London Regional Transport Act 1984 (whether or not the agreement is a transport subsidiary’s agreement or has effect as if made under or by virtue of section 156(3) of this Act by Transport for London).
In the case of any such agreement— by reason only that a statutory duty exercisable by any body or person (“the predecessor”) becomes exercisable instead by another body or person (“the transferee”) in consequence of any provision made by or under this Act for the repeal and re-enactment (with or without modifications) of the provision imposing the statutory duty.
no provision of the agreement shall operate or cease to have effect, and
no rights under the agreement shall operate or become exercisable,
Accordingly, any such agreement shall continue in force and have effect as if the predecessor and the transferee were in law the same person and as if there had been no change in the body or person by whom the statutory duty is exercisable.
In any such agreement, or any agreement made in connection with such an agreement, any reference to London Regional Transport’s duties under the London Regional Transport Act 1984 shall be taken as including a reference to the corresponding duties of Transport for London or the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) under this Act.
This section is without prejudice to—
any power conferred by any other provision of this Act; and
sections 15 to 17 of the Interpretation Act 1978.
Neither stamp duty nor stamp duty reserve tax shall be chargeable on, or in respect of,—
a transfer instrument;
an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as made in pursuance of a transfer instrument; or
an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as giving effect to a preparatory reorganisation, to the extent that the instrument or agreement is so certified.
No instrument or agreement which is certified as mentioned in paragraph (b) or (c) of subsection (1) above shall be taken to be duly stamped unless—
it is stamped with the duty to which it would, but for that subsection, be liable; or
it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.
Section 12 of the Finance Act 1895 shall not operate to require— and shall not apply in relation to any instrument on which, by virtue of subsection (1) above, stamp duty is not chargeable.
the delivery to the Inland Revenue of a copy of this Act, or
the payment of stamp duty under that section on any copy of this Act,
In subsection (1) above, “transfer instrument” means—
an order under section 408 or 411 above; or
a scheme under section 409 above.
In subsection (1) above “preparatory reorganisation” means the transfer of property, rights and liabilities— preparatory to any provision made or to be made by or under this Act.
from London Regional Transport to any of its subsidiaries,
from a subsidiary of London Regional Transport to London Regional Transport,
from a subsidiary of London Regional Transport to another such subsidiary, or
from a Minister of the Crown to London Regional Transport or any of its subsidiaries,
Section 64 of the London Regional Transport Act 1984 (stamp duty) shall be amended as follows.
In subsection (7)(a) (which, among other things, provides an exemption in relation to transfers in pursuance of a scheme made under section 9(6) in compliance with a direction of the Secretary of State under section 10)—
after “or to a transfer made in pursuance of” there shall be inserted “, or otherwise in connection with,”;
after “section 9(6) of this Act” there shall be inserted “(i)”; and
after “under section 10 of this Act; or” there shall be inserted—.
After subsection (7) there shall be inserted—
The following bodies, namely— shall each be treated as a local authority for the purposes of the enactments mentioned in subsection (2) below.
Transport for London,
the Metropolitan Police Authority, and
the London Fire and Emergency Planning Authority,
The enactments are—
section 519 of the Income and Corporation Taxes Act 1988 (exemption of local authorities from income and corporation taxes); and
section 271 of the Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).
In sections 170 to 181 of the Taxation of Chargeable Gains Act 1992 (groups of companies) references to a company do not apply to Transport for London.
Schedule 33 to this Act (which makes further provision about taxation) shall have effect.
Except to the extent that this Act makes provision to the contrary, any power conferred by this Act to make regulations or an order includes power—
to make different provision for different cases; and
to make incidental, consequential, supplemental or transitional provision and savings.
Any power conferred on a Minister of the Crown by this Act to make regulations or an order shall be exercisable by statutory instrument.
A statutory instrument containing (whether alone or with other provisions) an order under— shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
section 21(1)(b) above,
section 31 above,
section 326(1) above, or
section 405(1) above,
Subsection (3) above shall not have effect in relation to a statutory instrument containing an order under section 326(1) or 405(1) above making— if it would not have effect in relation to that instrument apart from those amendments, repeals or revocations or that provision.
amendments or repeals in an enactment contained in a local and personal or private Act,
amendments or revocations in subordinate legislation which was not subject to affirmative parliamentary procedure, or
provision of any description by virtue of section 405(2) or subsection (1) above in connection with any such amendments, repeals or revocations,
A statutory instrument containing regulations under— shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
paragraph 16(2) of Schedule 23 to this Act, or
paragraph 4 or 22(2) of Schedule 24 to this Act,
A statutory instrument— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
which contains (whether alone or with other provisions)—
regulations under any provision of this Act specified in subsection (7) below, or
an order under any provision of this Act specified in subsection (8) below, and
which is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
The provisions mentioned in subsection (6)(a)(i) above are— any provision contained in Chapters I to IV or VI of Part III of this Act; any provision of Part VIII of this Act; section 396(2); paragraph 10 of Schedule 17; Schedule 23, other than provisions specified in subsection (5) above; Schedule 24, other than provisions specified in subsection (5) above.
The provisions mentioned in subsection (6)(a)(ii) above are— section 3(1) or (4); section 25; section 63; section 157; section 158(4); section 163; section 207; section 235(4); section 326(1); section 395(3); section 405; section 406; section 408; section 411; section 412; section 413; paragraph 7(3) of Schedule 12; paragraph 9(1)(b) of Schedule 17; paragraph 1 of Schedule 28.
For the purposes of this section, the subordinate legislation which is “subject to affirmative parliamentary procedure” is any subordinate legislation contained in an instrument which was subject— or which was not subject to such a requirement by reason only that it re-enacted subordinate legislation (with or without modification).
to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, or
to a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons,
Any direction given under this Act shall be in writing.
Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.
There shall be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown or government department under or by virtue of this Act; and
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
The enactments mentioned in Schedule 34 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
In this Act, unless the context otherwise requires,—
In this Act, and in any enactment applied by this Act, any reference to a proper officer and any reference which by virtue of this Act is to be construed as such a reference, shall in relation to the Authority or a functional body and any purpose or area be construed as a reference to an officer appointed by the Authority or body for that purpose or area.
In this Act, or any other enactment which has effect in relation to the Authority, any reference to standing orders shall, in its application in relation to the Authority, have effect as a reference to standing orders of the Authority made under and in accordance with section 36 above.
Any power conferred by this Act to affect enactments by subordinate legislation is exercisable notwithstanding that those enactments consist of or include—
provisions contained in Part III above;
provisions relating to the subject matter of that Part; or
provisions creating or otherwise relating to offences.
In subsection (4) above “affect”, in relation to any enactment, includes make—
incidental, consequential, transitional, supplemental or supplementary provision or savings; or
amendments, modifications or adaptations.
This Act may be cited as the Greater London Authority Act 1999.
Apart from this section, section 420 above and any power of a Minister of the Crown to make regulations or an order (which accordingly come into force on the day on which this Act is passed) the provisions of this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
Sections 220 to 224 above and Schedules 14 and 15 to this Act shall not come into force until London Underground Limited has become a subsidiary of Transport for London.
Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.
Any such order may include such adaptations of— as appear to the Secretary of State to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.
the provisions which it brings into force, or
any other provisions of this Act then in force,
Subsections (4) and (5) above are without prejudice to section 420 above.
Subject to subsection (8) below, this Act does not extend to Northern Ireland.
Any amendment or repeal made by this Act shall have the same extent as the enactment to which it relates.