Localism Bill (HL Bill 71)

Localism BillPage 390

(b) in any other case, the interest may be disposed of by the
Authority in such manner as the Authority thinks fit.

(3) The Land Compensation Act 1961 has effect in relation to the
compensation payable in respect of the acquisition of an interest by
5the Greater London Authority under subsection (1) as if—

(a) the acquisition were by a Mayoral development corporation
under Chapter 2 of Part 7 of the Localism Act 2011; and

(b) the land formed part of an area for which a Mayoral
development corporation has been established.

32 10In section 169 (meaning of “appropriate authority”) after subsection (4)
insert—

(4A) In relation to land falling within paragraph 9A of Schedule 13, until
such time as a Mayoral development corporation is established for
the Mayoral development area, this Chapter has effect as if “the
15appropriate authority” were the Mayor of London.

33 In section 170(5) (meaning of “appropriate enactment” in the case of a
development corporation or urban development corporation)—

(a) for “or 9” insert “, 9 or 9A”, and

(b) after “is established for the urban development area” insert “or a
20Mayoral development corporation is established for the Mayoral
development area”.

34 (1) Paragraph 5 of Schedule 1 (when local highway authority may impose
restrictions on grant of planning permission) is amended as follows.

(2) For sub-paragraph (2) (sub-paragraph (1) does not apply to urban
25development corporations) substitute—

(2) The reference to a local planning authority in sub-paragraph (1) is
to be construed as including neither—

(a) a reference to an urban development corporation who are
the local planning authority by virtue of an order under
30section 149 of the Local Government, Planning and Land
Act 1980, nor

(b) a reference to a Mayoral development corporation which is
the local planning authority by virtue of an order under
section 174(2) of the Localism Act 2011,

35and no provision of a development order which is included in it
by virtue of that sub-paragraph is to be construed as applying to
such a corporation.

35 In Schedule 13 (blighted land) after paragraph 9 insert—

9A Land which is within an area designated under section 173 of the
Localism Act 2011 as a Mayoral development area where—

(a) an order under section 174(2) of that Act establishing a
45Mayoral development corporation for the area has not
been made or has been made but has not come into effect;
or

Localism BillPage 391

(b) such an order has come into effect.

Planning (Hazardous Substances) Act 1990 (c. 10)Planning (Hazardous Substances) Act 1990 (c. 10)

36 In section 3(4) of the Planning (Hazardous Substances) Act 1990 (when
urban development corporation is hazardous substances authority) after
5“urban development corporation” insert “or a Mayoral development
corporation”.

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

37 The Water Industry Act 1991 is amended as follows.

38 In section 41(2) (persons who may require provision of a water main) after
10paragraph (c) insert—

(ca) where the whole or any part of that locality is situated within
a Mayoral development area, the Mayoral development
corporation;.

39 In section 97(5) (performance of sewerage undertaker’s functions by
15relevant authorities: interpretation)—

(a) in the definition of “relevant area” after paragraph (a) insert—

  • “( aa)

    in relation to the Mayoral development
    corporation for any Mayoral development
    area, means that area;

(b) 20in the definition of “relevant authority” after paragraph (a) insert—

  • “( aa)

    the Mayoral development corporation for any
    Mayoral development area;.

40 In section 98(2) (persons who may require provision of a public sewer) after
paragraph (c) insert—

(ca) 25where the whole or any part of that locality is situated within
a Mayoral development area, the Mayoral development
corporation;.

Channel Tunnel Rail Link Act 1996 (c. 61)Channel Tunnel Rail Link Act 1996 (c. 61)

41 In paragraph 9(8)(a) of Schedule 2 to the Channel Tunnel Rail Link Act 1996
30(“public sewer or drain” includes one owned by certain public bodies) after
“an urban development corporation” insert “, a Mayoral development
corporation”.

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

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

43 (1) 35Amend section 31 (limits of the general power) as follows.

(2) In subsection (1) (no power to incur expenditure on things which may be
done by a functional body other than the London Development Agency) for
“by a functional body other than the London Development Agency”
substitute by—

(a) 40Transport for London;

(b) the Mayor’s Office for Policing and Crime; or

(c) the London Fire and Emergency Planning Authority.

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(3) After subsection (1) insert—

(1A) In determining whether to exercise the power conferred by section
30(1) above, the Authority must seek to secure that it does not incur
expenditure in doing anything which is being done by a Mayoral
5development corporation.

44 (1) Amend section 38 (delegation) as follows.

(2) In subsection (2) (persons to whom functions exercisable by the Mayor may
be delegated) after paragraph (d) insert—

(da) any Mayoral development corporation;.

(3) 10In subsection (7) (power to exercise delegated functions where no existing
power to do so) after paragraph (b) insert—

(ba) any Mayoral development corporation,.

45 In section 60A(3) (offices where confirmation process applies) after the entry
for the chairman of the London Fire and Emergency Planning Authority
15insert—

(none) person appointed to chair a Mayoral development
corporation (see paragraph 1 of Schedule 21 to the Localism
Act 2011);.

46 In section 347 (functional bodies to have regard to spatial development
20strategy) after “strategy” insert “, but this is without prejudice to section 24
of the Planning and Compulsory Purchase Act 2004 (which requires certain
of a Mayoral development corporation’s documents to be in general
conformity with the strategy)”.

47 (1) Section 408 (transfers of property, rights and liabilities) is amended as
25follows.

(2) In subsection (3) (bodies from which property etc may be transferred under
section 408) after paragraph (g) insert—

(ga) an urban development corporation for an urban
development area all or part of which is in Greater London;

(gb) 30the Olympic Delivery Authority;

(gc) any company, or other body corporate, which is a wholly-
owned subsidiary of the Olympic Delivery Authority;

(gd) any company, or other body corporate, which—

(i) is a subsidiary of the Olympic Delivery Authority,

(ii) 35is a subsidiary of at least one other public authority,
and

(iii) is not a subsidiary of any person who is not a public
authority;.

(3) After subsection (8) insert—

(9) 40In subsection (3)(gc) “wholly-owned subsidiary” has the meaning
given to it by section 1159 of the Companies Act 2006.

(10) For the purposes of subsection (3)(gd) and paragraph (b) of this
subsection, a body corporate (“C”) is a “subsidiary” of another
person (“P”) if—

(a) 45P, or P’s nominee, is a member of C, or

Localism BillPage 393

(b) C is a subsidiary of a body corporate that is itself a subsidiary
of P,

and, accordingly, the definition of “subsidiary” given by section
424(1) does not apply for those purposes.

(11) 5In this section “urban development corporation” means a
corporation established by an order under section 135 of the Local
Government, Planning and Land Act 1980.

48 In section 424(1) (interpretation) in the definition of “functional body” after
paragraph (a) insert—

(aa) 10a Mayoral development corporation;.

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

49 In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities: local government) after paragraph 35C insert—

35D A Mayoral development corporation established under section
15174 of the Localism Act 2011.

Planning and Compulsory Purchase Act 2004 (c. 5)Planning and Compulsory Purchase Act 2004 (c. 5)

50 The Planning and Compulsory Purchase Act 2004 is amended as follows.

51 In section 24 (if local planning authority are a London borough, local
development documents must be in general conformity with the spatial
20development strategy) in subsections (1)(b) and (4) after “are a London
borough” insert “or a Mayoral development corporation”.

52 (1) Amend section 37 (interpretation of Part 2) as follows.

(2) After subsection (5) insert—

(5ZA) Subsection (4) must also be construed subject to any order under
25section 174(2) of the Localism Act 2011 so far as providing that a
Mayoral development corporation is, as regards an area, to be the
local planning authority for some or all of the purposes of this Part
in relation to some or all kinds of development.

(5ZB) Where such an order makes such provision, that MDC is, in relation
30to the kinds of development concerned, the local planning authority
for the area and purposes concerned in place of any authority who,
in relation to those kinds of development, would otherwise be the
local planning authority for that area and those purposes.

(3) In subsection (5A) (definition of “local planning authority” has effect subject
35to any order providing for the Homes and Communities Agency to be the
local planning authority) for “also be construed” substitute “additionally be
construed, and subsection (5ZB) must be construed,”.

National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

53 In section 256(2) of the National Health Service Act 2006 (Primary Care Trust
40may make payments to listed bodies in connection with provision of
housing accommodation) after paragraph (c) insert—

(ca) a Mayoral development corporation,.

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Crossrail Act 2008 (c. 18)2008 (c. 18)

54 In paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (“public sewer
or drain” includes one owned by certain public bodies) after “an urban
development corporation” insert “, a Mayoral development corporation”.

5Planning Act 2008 (c. 29)2008 (c. 29)

55 The Planning Act 2008 is amended as follows.

56 In section 129(1) (section 128(2) does not apply to acquisition by a listed
body) after paragraph (c) insert—

(ca) a Mayoral development corporation;.

57 (1) 10Amend section 206 (provision about charging community infrastructure
levy) is amended as follows.

(2) In subsection (5)(a) (“local planning authority” has the meaning given by
section 37 of the Planning and Compulsory Purchase Act 2004) after “to
England,” insert “except that a Mayoral development corporation is a local
15planning authority for the purposes of this section only if it is the local
planning authority for all purposes of Part 2 of PCPA 2004 in respect of the
whole of its area and all kinds of development,”.

(3) After subsection (5) insert—

(6) CIL regulations may make transitional provision in connection with,
20or in anticipation of, a Mayoral development corporation—

(a) becoming a charging authority as a result of the operation of
subsection (2), or

(b) ceasing to be a charging authority as a result of the operation
of that subsection.

25Equality Act 2010 (c. 15)2010 (c. 15)

58 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) after the
entry for Transport for London insert—

  • A Mayoral development corporation.

Section 201

SCHEDULE 23 30The London Environment Strategy: minor and consequential amendments of
the Greater London Authority Act 1999

General

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

2 (1) Section 41 (general duties of the Mayor in relation to his strategies) is
35amended as follows.

(2) In subsection (1)—

(a) after paragraph (c) insert—

(ca) the London Environment Strategy,, and

Localism BillPage 395

(b) omit paragraphs (d) to (g).

(3) Omit subsection (11).

Biodiversity

3 (1) Section 352 (Mayor’s biodiversity action plan) is amended as follows.

(2) 5For the heading substitute “The London Environment Strategy:
biodiversity”.

(3) In subsection (2)—

(a) for “The London Biodiversity Action Plan” (in the opening words)
substitute “The provisions of the London Environment Strategy
10dealing with biodiversity”,

(b) in paragraph (c), for “the London Biodiversity Action Plan”
substitute “those provisions of the London Environment Strategy”
and for “is required to consult” substitute “has consulted or intends
to consult”, and

(c) 15in paragraph (d), for “the London Biodiversity Action Plan”
substitute “those provisions of the London Environment Strategy”
and for “is required to be consulted by the Mayor” substitute “who
the Mayor has consulted or intends to consult”.

(4) In subsection (4), in the opening words, for “London Biodiversity Action
20Plan” substitute “the provisions of the London Environment Strategy
dealing with biodiversity”.

(5) Omit subsections (1), (3), (4)(b) (with the preceding “and”), (5) and (6).

Municipal waste management

4 (1) Section 353 (municipal waste management strategy) is amended as follows.

(2) 25For the heading substitute “The London Environment Strategy: municipal
waste management”.

(3) In subsections (2), (3A) and (4) for “municipal waste management strategy”
(in each place) substitute “provisions of the London Environment Strategy
dealing with municipal waste management”.

(4) 30Omit subsections (1), (4)(b) (with the preceding “and”) and (5) to (7).

5 (1) Section 354 (directions by the Secretary of State) is amended as follows.

(2) In subsection (1)—

(a) for “either of the conditions” substitute “the condition”, and

(b) for “municipal waste management strategy” substitute “provisions
35of the London Environment Strategy dealing with municipal waste
management”.

(3) In subsection (2)—

(a) omit paragraph (a); and

(b) in paragraph (b), for “municipal waste management strategy”
40substitute “provisions of the London Environment Strategy dealing
with municipal waste management”.

6 In—

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(a) section 355(1), (3) and (7)(c) (duties of waste collection authorities
etc),

(b) section 356(1) (directions by the Mayor),

(c) section 356A(5) (London Waste and Recycling Board),

(d) 5section 357(5) (information about existing waste contracts), and

(e) section 358(3) (information about new waste contracts),

for “municipal waste management strategy” (in each place) substitute
“provisions of the London Environment Strategy dealing with municipal
waste management”.

7 10In section 355(7)(duties of waste collection authorities etc), in the words after
paragraph (c), omit the words “of the strategy”.

Climate change mitigation and energy

8 (1) Section 361B (the London climate change mitigation and energy strategy) is
amended as follows.

(2) 15For the heading substitute “The London Environment Strategy: climate
change mitigation and energy”.

(3) In subsection (2), for “London climate change mitigation and energy
strategy” substitute “provisions of the London Environment Strategy
dealing with climate change mitigation and energy”.

(4) 20In subsection (3), for “strategy” substitute “provisions dealing with climate
change mitigation and energy”.

(5) In subsection (4), for “strategy” substitute “the provisions dealing with
climate change mitigation and energy”.

(6) In subsection (6)—

(a) 25for “The strategy” substitute “provisions dealing with climate
change mitigation and energy”, and

(b) in paragraphs (d) and (e), for “the strategy” substitute “those
provisions”.

(7) Omit subsections (1), (7) and (9) to (11) and, in subsection (12), the definition
30of “prescribed”.

9 Omit section 361C (directions by the Secretary of State to revise the strategy).

Adaptation to climate change

10 (1) Section 361D (the adaptation to climate change strategy for London) is
amended as follows.

(2) 35For the heading substitute “The London Environment Strategy: adaptation
to climate change”.

(3) In subsection (2), for “adaptation to climate change strategy for London”
substitute “provisions of the London Environment Strategy dealing with
adaptation to climate change”.

(4) 40Omit subsections (1) and (3) to (5).

11 Omit section 361E (directions by the Secretary of State to revise the strategy).

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Air quality

12 (1) Section 362 (the Mayor’s air quality strategy) is amended as follows.

(2) For the heading substitute “The London Environment Strategy: air quality”.

(3) In subsections (2) to (4), for “London air quality strategy” (in each place)
5substitute “provisions of the London Environment Strategy dealing with air
quality”.

(4) Omit subsections (1) and (5) to (7).

13 (1) Section 363 (directions by the Secretary of State) is amended as follows.

(2) In subsection (1), for “either of the conditions” substitute “the condition.

(3) 10In subsection (2)—

(a) omit paragraph (a), and

(b) in subsection (2)(b), for “London air quality strategy” substitute
“provisions of the London Environment Strategy dealing with air
quality”.

14 15In section 364 (duty of local authorities in Greater London), for “London air
quality strategy” substitute “provisions of the London Environment
Strategy dealing with air quality“.

15 In section 365 (directions by the Mayor), for “London air quality strategy”
substitute “provisions of the London Environment Strategy dealing with air
20quality“.

Ambient noise

16 (1) Section 370 (the London ambient noise strategy) is amended as follows.

(2) For the heading substitute “The London Environment Strategy: ambient
noise”.

(3) 25In subsection (2), for “London ambient noise strategy” substitute “provisions
of the London Environment Strategy dealing with ambient noise“.

(4) In subsection (3), in paragraph (b) of the definition of “ambient noise”, for
“London ambient noise strategy” substitute “provisions of the London
Environment Strategy dealing with ambient noise“.

(5) 30Omit subsections (1) and (6) to (8).

Section 207

SCHEDULE 24 Transfers and transfer schemes: tax provisions

Part 1 Transfer under paragraph 60 of Schedule 16

1 (1) 35For the purposes of any enactment about income tax or corporation tax, the
Office and the HCA are to be treated as the same person.

Localism BillPage 398

(2) In particular, the transfer effected by paragraph 60 of Schedule 16 is to be
disregarded for those purposes.

(3) Accordingly, that transfer is not to be regarded for the purposes of Part 8 of
the Corporation Tax Act 2009 (gains and losses from intangible fixed assets)
5as involving any realisation of an asset by the Office or acquisition of an asset
by the HCA.

(4) In this paragraph—

  • “enactment” includes an enactment contained in an instrument made
    under an Act,

  • 10“the HCA” means the Homes and Communities Agency, and

  • “the Office” means the Office for Tenants and Social Landlords.

Part 2 Certain transfers under scheme under section 166 or 167

Interpretation of Part 2 of Schedule

2 15In this Part of this Schedule—

  • “CTA 2009” means the Corporation Tax Act 2009,

  • “public body” means—

    (a)

    a person which is a public body for the purposes of section 66
    of the Finance Act 2003 (stamp duty land tax: transfers
    20involving public bodies), or

    (b)

    a person prescribed for the purposes of this Part of this
    Schedule by order made by the Treasury,

  • “relevant transfer” means—

    (a)

    a transfer, in accordance with a transfer scheme under section
    25166, to a taxable public body of property, rights or liabilities
    of the Homes and Communities Agency, or

    (b)

    a transfer, in accordance with a transfer scheme under section
    167, to a taxable public body,

  • “taxable public body” means a public body which is within the charge
    30to corporation tax,

  • “transferee”, in relation to a transfer in accordance with a transfer
    scheme under section 166 or 167, means the person to whom the
    transfer is made, and

  • “transferor”—

    (a)

    35means the Homes and Communities Agency in relation to a
    transfer, in accordance with a transfer scheme under section
    166, of property, rights or liabilities of that Agency, and

    (b)

    means the London Development Agency in relation to a
    transfer in accordance with a transfer scheme under section
    40167.

Computation of profits and losses in respect of transfer of a trade

3 (1) This paragraph applies where a taxable public body (“the predecessor”) is
carrying on a trade or part of a trade and, as a result of a transfer scheme
under section 166 or 167—

(a) 45the predecessor ceases to carry on that trade or part of a trade, and

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(b) another taxable public body (“the successor”) begins to carry on that
trade or part.

(2) For the purposes of calculating, in relation to the time when the scheme
comes into force and subsequent times, the relevant trading profits or losses
5of the predecessor and the successor—

(a) the trade or part is to be treated as having been a separate trade at the
time of its commencement and as having been carried on by the
successor at all times since its commencement as a separate trade,
and

(b) 10the trade carried on by the successor after the time when the scheme
comes into force is to be treated as the same trade as that which the
successor is treated, by virtue of paragraph (a), as having carried on
as a separate trade before that time.

(3) If a trade or part of a trade is to be treated under this paragraph as a separate
15trade, such apportionments of receipts, expenses, assets and liabilities are to
be made for the purposes of computing relevant trading profits or losses as
may be just and reasonable.

(4) This paragraph is subject to the other provisions of this Part of this Schedule.

(5) In this paragraph “relevant trading profits or losses” means profits or losses
20under Part 3 of CTA 2009 in respect of the trade or part of a trade in question.

Transfers of trading stock

4 (1) This paragraph applies if—

(a) under a relevant transfer, trading stock of the transferor is
transferred to the transferee,

(b) 25immediately after the transfer takes effect, the stock is to be treated
as trading stock of the transferee, and

(c) paragraph 3 does not apply in relation to the transfer.

(2) Sub-paragraphs (3) and (4) have effect in calculating for any corporation tax
purpose both—

(a) 30the profits of the trade in relation to which the stock is trading stock
immediately before the transfer takes effect (“the transferor’s trade”),
and

(b) the profits of the trade in relation to which it is to be treated as
trading stock (“the transferee’s trade”).

(3) 35The stock is to be treated as having been—

(a) disposed of by the transferor in the course of the transferor’s trade,

(b) acquired by the transferee in the course of the transferee’s trade, and

(c) subject to that, disposed of and acquired when the transfer takes
effect.

(4) 40The stock is to be valued as if the disposal and acquisition had been for a
consideration which in relation to the transferor would have resulted in
neither a profit nor a loss being brought into account in respect of the
disposal in the accounting period of the transferor which ends with, or is
current at, the time when the transfer takes effect.

(5) 45In this paragraph “trading stock” has the meaning given by section 163 of
CTA 2009.