Localism Bill (HL Bill 71)

Localism BillPage 380

(2) In subsection (4) before paragraph (b) insert—

(aa) the Greater London Authority (if the notice is given to a
registered provider who owns land in Greater London),.

(3) In subsection (7) before paragraph (d) insert—

(ca) 5the Greater London Authority (if the notice is given to a
registered provider who owns land in Greater London),.

(4) In subsection (8) before paragraph (b) insert—

(aa) in the case of a requirement imposed on a registered provider
who owns land in Greater London, to the Greater London
10Authority, and.

58 (1) Section 250 (supplemental provisions about management transfer) is
amended as follows.

(2) In subsection (4) before paragraph (b) insert—

(aa) in the case of a notice given to a registered provider who
15owns land in Greater London, the Greater London
Authority,.

(3) In subsection (7) before paragraph (d) insert—

(ca) if the requirement would be imposed on a registered
provider who owns land in Greater London, the Greater
20London Authority,.

(4) In subsection (8) before paragraph (b) insert—

(aa) in the case of a requirement imposed on a registered provider
who owns land in Greater London, to the Greater London
Authority, and.

59 (1) 25Section 252 (supplemental provisions about appointment of managers) is
amended as follows.

(2) In subsection (4) before paragraph (b) insert—

(aa) the Greater London Authority (if the notice is given to a
registered provider who owns land in Greater London), and

(3) 30Before subsection (8) insert—

(7A) The regulator must notify the Greater London Authority of an
appointment or requirement under section 251(2) in respect of a
registered provider who owns land in Greater London.

Section 171

SCHEDULE 20 35Abolition of London Development Agency: consequential amendments

Local Authorities (Goods and Services) Act 1970 (c. 39)Local Authorities (Goods and Services) Act 1970 (c. 39)

1 In section 1(4) of the Local Authorities (Goods and Services) Act 1970, in the
definition of “local authority” for “, Transport for London and the London
Development Agency” substitute “and Transport for London”.

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Local Government Finance Act 1988 (c. 41)Local Government Finance Act 1988 (c. 41)

2 In section 115(4A) of the Local Government Finance Act 1988 (duties as
regards reports under section 114)—

(a) omit “the London Development Agency or”, and

(b) 5for the words from “neither” to “shall” substitute “paragraph 7 of
Schedule 10 to the 1999 Act (delegation by Transport for London)
shall not”.

Audit Commission Act 1998 (c. 18)Audit Commission Act 1998 (c. 18)

3 In section 11(8A) of the Audit Commission Act 1998 (which prevents
10delegation of duties under the section as regards reports etc)—

(a) omit “the London Development Agency or”, and

(b) for the words from “neither” to “shall” substitute “paragraph 7 of
Schedule 10 to the Greater London Authority Act 1999 (delegation by
Transport for London) shall not”.

15Greater London Authority Act 1999 (c. 29)Greater London Authority Act 1999 (c. 29)

4 The Greater London Authority Act 1999 is amended as follows.

5 In section 127(4) (“officers” in section 127(2)(b) includes, in the case of
Transport for London or the London Development Agency, its members) for
the words after “in the case of Transport for London” substitute “, includes
20a reference to its members.”

6 In section 362(3)(b) (air quality strategy to contain information about
measures to be taken by the Authority, Transport for London and the
London Development Agency) for “, Transport for London and the London
Development Agency” substitute “and Transport for London”.

7 25In section 380(10) (application of section 101 of the Local Government Act
1972) after paragraph (a) insert “or”.

London Olympic Games and Paralympic Games Act 2006 (c. 12)2006 (c. 12)

8 In section 10(4) of the London Olympic Games and Paralympic Games Act
2006 (matters to which regard to be had when Olympic Transport Plan being
30prepared or revised) for paragraph (c) (the London Development Agency’s
strategy) substitute—

(c) the Economic development strategy for London prepared in
accordance with section 333F of that Act.

Section 174

SCHEDULE 21 35Mayoral development corporations

Membership

1 (1) A Mayoral development corporation (“MDC”) is to consist of such number
of members (being not less than six) as the Mayor of London (“the Mayor”)
may from time to time appoint.

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(2) The Mayor must appoint one of the members of an MDC to chair the MDC.

(3) In appointing a person to be a member of an MDC, the Mayor—

(a) must have regard to the desirability of appointing a person who has
experience of, and has shown some capacity in, a matter relevant to
5the carrying-out of the MDC’s functions, and

(b) must be satisfied that the person will have no financial or other
interest likely to affect prejudicially the exercise of the person’s
functions as member.

(4) The Mayor may require any person whom the Mayor proposes to appoint as
10a member to provide such information as the Mayor considers necessary for
the purposes of sub-paragraph (3)(b).

Terms of appointment of members

2 (1) Subject as follows, a member of an MDC holds and vacates office in
accordance with the member’s terms of appointment.

(2) 15A member may resign by serving notice on the Mayor.

(3) A person appointed to chair an MDC—

(a) may resign that appointment, whether or not the person also resigns
from membership of the MDC, by serving notice on the Mayor;

(b) ceases to hold that appointment if the person ceases to be a member
20of the MDC.

(4) A person who—

(a) ceases to be a member of an MDC, or

(b) ceases to be the person appointed to chair an MDC,

is eligible for reappointment.

(5) 25The Mayor may remove a member of an MDC if—

(a) the member has been absent from meetings of the MDC for more
than 3 months without the permission of the MDC,

(b) the member has become bankrupt or has made an arrangement with
the member’s creditors,

(c) 30a debt relief order is made in respect of the member (see Part 7A of
the Insolvency Act 1986) or the member is a person in respect of
whom a debt relief restrictions order has effect (see Schedule 4ZB to
that Act), or

(d) in the opinion of the Mayor, the member has failed to comply with
35the member’s terms of appointment or is otherwise unable, unfit or
unsuitable to exercise the member’s functions as a member of the
MDC.

Staff

3 (1) Before an MDC appoints staff it must obtain the Mayor’s agreement to the
40terms and conditions on which the appointments are to be made.

(2) An MDC’s power to appoint a chief executive may, in the case of the MDC’s
first chief executive, be exercised by the Mayor.

(3) An MDC’s chief executive is a member of its staff.

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Remuneration etc: members and staff

4 (1) An MDC may pay to or in respect of its members—

(a) remuneration,

(b) travelling and other allowances, and

(c) 5sums by way of, or in respect of, pensions and gratuities.

(2) The Mayor is to determine rates and eligibility criteria for payments under
sub-paragraph (1).

(3) If the Mayor thinks that there are special circumstances that make it right to
compensate a person on ceasing to be a member of an MDC, the MDC may
10pay compensation determined by the Mayor.

(4) Payments under sub-paragraph (1) or (3), other than travelling and
subsistence allowances, are not to be made to a member of an MDC who is
also a member of the London Assembly, but this does not prevent payment
of an allowance under sub-paragraph (1) to the person appointed to chair an
15MDC in respect of that office.

(5) An MDC may pay to or in respect of its staff—

(a) remuneration,

(b) travelling and other allowances, and

(c) sums by way of, or in respect of, pensions and gratuities.

(6) 20Rates and eligibility criteria for payments made by an MDC under sub-
paragraph (5) are to be determined by the MDC with the agreement of the
Mayor.

(7) In this paragraph “member” includes former member and “staff” includes
former staff.

25Status

5 (1) An MDC (and any member of an MDC or of an MDC’s staff)—

(a) is not the servant or agent of the Crown, and

(b) does not share any immunity or privilege of the Crown.

(2) An MDC’s property is not to be regarded as property of, or property held on
30behalf of, the Crown.

Committees

6 (1) An MDC may establish committees.

(2) A committee may establish sub-committees.

(3) A committee or sub-committee may, with the agreement of the Mayor,
35include persons who are not members of the MDC, but a majority of the
members of a committee or sub-committee must be members of the MDC.

Delegation

7 (1) An MDC may delegate any of its functions to any of its members,
committees or staff.

(2) 40A committee of an MDC may delegate any function conferred on it to—

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(a) any member of the MDC,

(b) any sub-committee of the committee, or

(c) any of the MDC’s staff.

(3) A sub-committee of a committee of an MDC may delegate any function
5conferred on it to—

(a) any member of the MDC, or

(b) any of the MDC’s staff.

Proceedings and meetings

8 (1) An MDC may, subject to any directions given by the Mayor, decide—

(a) 10its own procedure,

(b) the procedure of any of its committees, and

(c) the procedure of any sub-committee of any of its committees.

(2) Subject to sub-paragraph (1), a committee may decide the procedure of any
of its sub-committees.

(3) 15Subject to sub-paragraphs (1) and (2), a committee or sub-committee may
decide its own procedure.

(4) In this paragraph “procedure” includes quorum.

9 The validity of any proceeding of an MDC is not affected by—

(a) its having fewer than six members,

(b) 20there being no person appointed to chair it, or

(c) any defect in the appointment of any of its members or of the person
appointed to chair it.

Annual report (and “financial year”)

10 (1) As soon as reasonably practicable after the end of each financial year, an
25MDC must—

(a) prepare an annual report on how it has exercised its functions during
the year,

(b) include in the report a copy of its audited statement of accounts for
the year, and

(c) 30send a copy of the report to the Mayor and to the London Assembly.

(2) “Financial year”, in relation to an MDC, means a period of 12 months ending
with 31 March.

Seal etc

11 (1) The application of an MDC’s seal is to be authenticated by—

(a) 35the person appointed to chair the MDC, or

(b) another member of the MDC, or some other person, authorised
(generally or specially) for that purpose.

(2) A document purporting to be duly executed under the seal of an MDC or
signed on its behalf—

(a) 40is to be received in evidence, and

(b) is to be treated as so executed or signed unless the contrary is shown.

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House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

12 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies all of whose members are disqualified) at the appropriate place
insert—

  • 5A Mayoral development corporation (see section 174 of the
    Localism Act 2011).

Section 198

SCHEDULE 22 Mayoral development corporations: consequential and other amendments

Leasehold Reform Act 1967 (c. 88)Leasehold Reform Act 1967 (c. 88)

1 10In paragraph 2 of Schedule 4A to the Leasehold Reform Act 1967 (exclusion
of certain shared ownership leases granted by public authorities) in sub-
paragraph (2) after paragraph (bb) insert—

(bc) a Mayoral development corporation;.

Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70)

2 (1) 15The Local Government Act 1972 is amended as follows.

(2) In section 100J(1) (authorities treated as principal councils for purposes of
Part 5A) after paragraph (g) insert—

(h) a Mayoral development corporation.

(3) In section 100J(3) (reference in section 100A(6)(a) to council’s offices includes
20other premises at which meeting to be held) for “or (f)” substitute “, (f) or
(h)”.

(4) In section 100J after subsection (3ZA) insert—

(3ZAA) In its application by virtue of subsection (1)(h) above in relation to a
Mayoral development corporation, section 100E(3) has effect as if for
25paragraphs (a) to (c) there were substituted—

(a) a committee which is established under Schedule 21 to
the Localism Act 2011 by a principal council, or

(b) a sub-committee established under that Schedule by a
committee within paragraph (a).

(5) 30In section 100J(4)(b) (disapplication of duty to state ward or division for
which member represents) after “in relation to” insert “a Mayoral
development corporation, or”.

(6) In section 100K(1) (interpretation of Part 5A) in the definition of “committee
or sub-committee of a principal council” before the second “above” insert
35“and (3ZAA)”.

Rent Act 1977 (c. 42)Rent Act 1977 (c. 42)

3 In section 14(1) of the Rent Act 1977 (tenancy not protected if landlord is
listed body) after paragraph (g) insert—

(ga) a Mayoral development corporation;.

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Protection from Eviction Act 1977 (c. 43)Protection from Eviction Act 1977 (c. 43)

4 In section 3A(8) of the Protection from Eviction Act 1977 (licence to stay in
hostel excluded if hostel provided by listed body) after paragraph (d)
insert—

(da) 5a Mayoral development corporation;.

Acquisition of Land Act 1981 (c. 67)Acquisition of Land Act 1981 (c. 67)

5 (1) The Acquisition of Land Act 1981 is amended as follows.

(2) In section 17(3) (special parliamentary procedure does not apply to
acquisition by certain public bodies) after “an urban development
10corporation” insert “, a Mayoral development corporation”.

(3) In section 31(1) (acquisition under certain Acts of statutory undertakers’
land without a certificate) before the “or” at the end of paragraph (c) insert—

(ca) section 183(2) of the Localism Act 2011 (acquisition by
Mayoral development corporation),.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

6 In paragraph 2(5) of Schedule 4 to the Local Government (Miscellaneous
20Provisions) Act 1982 (street trading: designation of streets: meaning of
“relevant corporation”) after paragraph (b) insert—

(ba) a Mayoral development corporation;.

Housing Act 1985 (c. 68)Housing Act 1985 (c. 68)

7 The Housing Act 1985 is amended as follows.

8 25In section 45(2) in the definition of “public sector authority” after the entry
for an urban development corporation insert—

  • a Mayoral development corporation,.

9 In section 80(1) (secure tenancies: the landlord condition) before the entry for
an urban development corporation insert—

  • 30a Mayoral development corporation,.

10 In section 114(1) (meaning of “landlord authority”) before the entry for a
housing action trust insert—

  • a Mayoral development corporation,.

11 In section 171(2) (section applies to interests held by certain bodies) after the
35entry for an urban development corporation insert—

  • a Mayoral development corporation,.

12 In section 458(1) (Part 14: minor definitions) in the definition of “housing
authority” after “an urban development corporation,” insert “a Mayoral
development corporation,”.

13 40In paragraph 2(1) of Schedule 1 (tenancy not secure if tenant employed by
landlord or certain bodies) before the entry for an urban development

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corporation insert—

  • a Mayoral development corporation,.

14 In Part 1 of Schedule 2 (grounds on which court may order possession of
dwelling-house let under secure tenancy if it considers it reasonable) in
5paragraph (a) of Ground 7 before the entry for an urban development
corporation insert—

  • a Mayoral development corporation,.

15 In Part 3 of Schedule 2 (grounds on which court may order possession of
dwelling-house let under secure tenancy if it considers it reasonable and
10suitable alternative accommodation is available) in paragraph (a) of Ground
12 before the entry for an urban development corporation insert—

  • a Mayoral development corporation,.

  • “a Mayoral development corporation,.

17 In Schedule 4 (qualifying period for right to buy etc) in paragraph 7(1) (the
landlord condition) after the entry for an urban development corporation
insert—

  • 20a Mayoral development corporation,.

18 In Schedule 5 (exceptions to right to buy) in paragraph 5(1)(b) (letting to
employees of certain bodies) before the entry for an urban development
corporation insert—

  • a Mayoral development corporation,.

25Landlord and Tenant Act 1985 (c. 70)Landlord and Tenant Act 1985 (c. 70)

19 In section 14(4) of the Landlord and Tenant Act 1985 (section 11 does not
apply to a post-1980 lease granted to a listed body) after the entry for an
urban development corporation insert—

  • a Mayoral development corporation,.

30Landlord and Tenant Act 1987 (c. 31)Landlord and Tenant Act 1987 (c. 31)

20 In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords)
after paragraph (b) insert—

(ba) a Mayoral development corporation;.

Local Government Act 1988 (c. 9)Local Government Act 1988 (c. 9)

21 35In Schedule 2 to the Local Government Act 1988 in the list of public
authorities after the entry for an urban development corporation insert—

  • A Mayoral development corporation.

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Local Government Finance Act 1988 (c. 41)Local Government Finance Act 1988 (c. 41)

22 In the Local Government Finance Act 1988 after section 48 insert—

48A Discretionary relief: functions of Mayoral development corporations

(1) The Mayor of London may require a billing authority to provide the
5Mayor with information to assist the Mayor with making decisions
under section 190 of the Localism Act 2011 (Mayor’s power to decide
that a Mayoral development corporation should have functions
under section 47 above).

(2) A Mayoral development corporation which has, or expects to have,
10functions under section 47 above may require a billing authority to
provide the corporation with information to assist the corporation to
exercise functions under that section.

(3) A billing authority must comply with a requirement imposed on it
under subsection (1) or (2) above so far as the requirement relates to
15information available to the billing authority.

(4) A person to whom information is provided in response to a
requirement imposed under subsection (1) or (2) above may use the
information only for the purposes for which it was sought.

(5) The Secretary of State may by regulations make transitional
20provision in connection with, or in anticipation of, a Mayoral
development corporation—

(a) beginning to exercise functions under section 47 above, or

(b) ceasing to exercise functions under that section.

(6) The Secretary of State may by regulations make provision about
25payment by a Mayoral development corporation to a billing
authority of amounts—

(a) as regards the operation of section 47 above in cases where
the corporation has exercised functions under that section;

(b) as regards costs of collection and recovery in such cases.

30Housing Act 1988 (c. 50)Housing Act 1988 (c. 50)

23 The Housing Act 1988 is amended as follows.

24 In section 35(4) (tenancies which can be secure tenancies) after paragraph (a)
insert—

(aa) the interest of the landlord belongs to a Mayoral
35development corporation; or.

25 In section 38(5) (when landlord’s interest is held by a public body) after
paragraph (a) insert—

(aa) it belongs to a Mayoral development corporation; or.

26 In section 89(1) (housing action trust and urban development corporation
40may enter in agreement for supply of goods and services) after “1980,” insert
“or a housing action trust and a Mayoral development corporation,”.

27 In paragraph 12(1) of Schedule 1 (tenancy cannot be assured tenancy if
landlord is listed body) after paragraph (d) insert—

(da) a Mayoral development corporation;.

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Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

28 The Town and Country Planning Act 1990 is amended as follows.

29 In section 2A (power for Mayor to call in planning applications) after
subsection (1) insert—

(1A) 5Subsection (1) does not apply if the local planning authority is a
Mayoral development corporation.

30 After section 7 insert—

7A Mayoral development areas

(1) Subsection (2) applies where an order under section 174(2) of the
10Localism Act 2011 gives effect to any decision under section 178(2) or
(5) of that Act as a result of which a Mayoral development
corporation is for any area to be the local planning authority for the
purposes of Part 3 of this Act.

(2) The Mayoral development corporation is the local planning
15authority for that area for those purposes in place of any authority
who would otherwise be the local planning authority for that area for
those purposes.

(3) Subsection (4) applies where an order under section 174(2) of that
Act gives effect to any decision under section 178(3) or (5) of that Act
20as a result of which a Mayoral development corporation is for any
area to have the functions referred to in section 178(3) of that Act.

(4) The Mayoral development corporation has those functions in place
of any authority (except the Secretary of State) who would otherwise
have them in that area.

(5) 25If an order under section 174(2) of that Act is amended to give effect
to a decision under section 180(2) of that Act that limits the effect of
a decision under section 178 of that Act, subsection (2) or (4), or each
of them, applies accordingly.

31 After section 165 (Secretary of State may acquire land blighted by proposed
30new town or urban development area) insert—

165ZA Power of Greater London Authority to acquire land affected by
designation of Mayoral development area where blight notice served

(1) Where a blight notice has been served in respect of land falling
within paragraph 9A of Schedule 13 then, until such time as a
35Mayoral development corporation is established for the Mayoral
development area, the Greater London Authority has power to
acquire compulsorily any interest in the land in pursuance of the
blight notice served by virtue of that paragraph.

(2) Where the Greater London Authority acquires an interest under
40subsection (1), then—

(a) if the land is or becomes land within paragraph 9A(b) of
Schedule 13, the interest is to be transferred by the Authority
to the Mayoral development corporation established for the
Mayoral development area; and