Localism Bill (HL Bill 90)

(2) The Economic development strategy for London is to contain—

(a) the Mayor’s assessment of the economic conditions of Greater
London, and

(b) the Mayor’s policies and proposals for the economic
5development and regeneration of Greater London, including
the Mayor’s strategy for—

(i) promoting business efficiency, investment and
competitiveness in Greater London,

(ii) promoting employment in Greater London, and

(iii) 10enhancing the development of skills relevant to
employment in Greater London.

The references in this subsection to Greater London include its rural
parts as well as its non-rural parts.

(3) In preparing or revising the Economic development strategy for
15London the Mayor must consult—

(a) such persons as appear to the Mayor to represent employers in
Greater London, and

(b) such persons as appear to the Mayor to represent employees in
Greater London.

(4) 20Each of the functional bodies must in the exercise of any function have
regard to the Economic development strategy for London.

(5) The Secretary of State may give guidance to the Mayor about the
exercise of the Mayor’s functions in relation to the Economic
development strategy for London with respect to—

(a) 25the matters to be covered by that strategy or that strategy as
revised, and

(b) the issues to be taken into account in preparing or revising that
strategy.

(6) The issues mentioned in subsection (5)(b) above include issues relating
30to any one or more of the following—

(a) Greater London,

(b) any area of England outside Greater London, and

(c) any part of the United Kingdom outside England.

(7) The Mayor is to have regard to any guidance given under subsection (5)
35above.

(8) Where the Secretary of State considers—

(a) that the Economic development strategy for London (or any
part of it) is inconsistent with national policies, or

(b) that the Economic development strategy for London or its
40implementation is having, or is likely to have, a detrimental
effect on any area outside Greater London,

the Secretary of State may direct the Mayor to make such revisions of
the strategy as may be specified in the direction in order to remove the
inconsistency or, as the case may be, the detrimental effect or likely
45detrimental effect.

(9) Where the Secretary of State gives the Mayor a direction under
subsection (8) above, the Mayor must revise the Economic
development strategy for London in accordance with the direction.

(10) Where the Mayor revises the Economic development strategy for
London in accordance with subsection (9) above, subsection (3) above
and section 42 above do not apply.

(11) For the purposes of subsection (8) above “national policies” are any
5policies of Her Majesty’s government which are available in a written
form and which—

(a) have been laid or announced before, or otherwise presented to,
either House of Parliament, or

(b) have been published by a Minister of the Crown.”

(3) 10In section 41(1) (strategies to which section applies) for paragraph (b) (the
London Development Agency strategy) substitute—

“(b) the Economic development strategy for London prepared and
published under section 333F below,”.

180 Transfer schemes: general provisions

(1) 15In this section—

• “transfer scheme” means a scheme under section 177(1) or 178(2);

• “transferee”, in relation to a transfer scheme, means the person to whom
  property, rights or liabilities are transferred by the scheme;

• “transferor”, in relation to a transfer scheme, means the person from
  20whom property, rights or liabilities are transferred by the scheme.

(2) The things that may be transferred under a transfer scheme include—

(a) property, rights or liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of
the scheme.

(3) 25A transfer scheme may make consequential, supplementary, incidental or
transitional provision and may in particular—

(a) make provision for certificates issued by the Secretary of State to be
conclusive evidence that property has been transferred;

(b) create rights, or impose liabilities, in relation to property or rights
30transferred;

(c) make provision about the continuing effect of things done (or having
effect as if done) by or in relation to the transferor in respect of anything
transferred;

(d) make provision about the continuation of things (including legal
35proceedings) in the process of being done by, on behalf of or in relation
to the transferor in relation to anything transferred;

(e) make provision for references to the transferor in an instrument or
other document in respect of anything transferred to be treated as
references to the transferee;

(f) 40make provision for the shared ownership or use of property;

(g) provide for section 36(3)(c) of the London Olympic Games and
Paralympic Games Act 2006 to continue (until repealed) to apply to
land transferred to which it applied immediately before the transfer.

(4) The Transfer of Undertakings (Protection of Employment) Regulations 2006
45(S.I. 2006/246S.I. 2006/246) apply to a transfer under a transfer scheme where the transfer
relates to rights or liabilities under a contract of employment (whether or not it
is a relevant transfer for the purposes of those regulations).

(5) A transfer scheme may provide—

(a) for modifications by agreement;

(b) for modifications to have effect from the date when the original scheme
came into effect.

(6) 5In this section “rights” and “liabilities” include rights, or (as the case may be)
liabilities, in relation to a contract of employment.

181 Power to make consequential etc provision

(1) The Secretary of State may by order make such consequential provision or such
transitory or transitional provision or savings as the Secretary of State
10considers appropriate for the purposes of or in consequence of this Chapter.

(2) The provision that may be made under subsection (1) includes, in particular—

(a) provision for things done (or having effect as if done) by or in relation
to a predecessor to have effect as if done by or in relation to a successor;

(b) provision about the continuation by, on behalf of or in relation to a
15successor of things (including legal proceedings) in the process of being
done by, on behalf of or in relation to a predecessor;

(c) provision for references to a predecessor in an instrument or other
document to be treated as references to a successor.

(3) In subsection (2)—

• 20“predecessor” means a person from whom property, rights or liabilities
  may be transferred by a scheme under section 177(1) or 178(2);

• “successor” means a person to whom property, rights or liabilities may be
  transferred by a scheme under section 177(1) or 178(2).

182 Consequential amendments

(1) 25Schedule 19 (housing and regeneration: consequential amendments) has effect.

(2) Schedule 20 (amendments in consequence of the abolition of the London
Development Agency) has effect.

CHAPTER 2 Mayoral development corporations

Introductory

183 30Interpretation of Chapter

In this Chapter—

• “the Mayor” means the Mayor of London;

• “MDC” means a Mayoral development corporation (see section 185).

Establishment and areas

184 Designation of Mayoral development areas

(1) The Mayor may designate any area of land in Greater London as a Mayoral
development area.

(2) 5Separate parcels of land may be designated as one Mayoral development area.

(3) The Mayor may designate a Mayoral development area only if—

(a) the Mayor considers that designation of the area is expedient for
furthering any one or more of the Greater London Authority’s
principal purposes,

(b) 10the Mayor has consulted the persons specified by subsection (4),

(c) the Mayor has had regard to any comments made in response by the
consultees,

(d) in the event that those comments include comments made by the
London Assembly that the Mayor does not accept, the Mayor has
15published a statement giving the reasons for the non-acceptance,

(e) the Mayor has laid before the London Assembly, in accordance with
standing orders of the Greater London Authority, a document stating
that the Mayor is proposing to designate the area, and

(f) the consideration period for the document has expired without the
20London Assembly having rejected the proposal.

(4) The persons who have to be consulted before an area may be designated are—

(a) the London Assembly,

(b) each constituency member of the London Assembly whose Assembly
constituency contains any part of the area,

(c) 25each Member of Parliament whose parliamentary constituency
contains any part of the area,

(d) each London borough council whose borough contains any part of the
area,

(e) the Common Council of the City of London if any part of the area is
30within the City,

(f) the sub-treasurer of the Inner Temple if any part of the area is within
the Inner Temple,

(g) the under treasurer of the Middle Temple if any part of the area is
within the Middle Temple, and

(h) 35any other person whom the Mayor considers it appropriate to consult.

(5) For the purposes of subsection (3)(f)—

(a) the “consideration period” for a document is the 21 days beginning
with the day the document is laid before the London Assembly in
accordance with standing orders of the Greater London Authority, and

(b) 40the London Assembly rejects a proposal if it resolves to do so on a
motion—

(i) considered at a meeting of the Assembly throughout which
members of the public are entitled to be present, and

(ii) agreed to by at least two thirds of the Assembly members
45voting.

(6) If the Mayor designates a Mayoral development area, the Mayor must—

(a) publicise the designation,

(b) notify the Secretary of State of the designation, and

(c) notify the Secretary of State of the name to be given to the Mayoral
development corporation for the area.

(7) 5Section 30(2) of the Greater London Authority Act 1999 (interpretation of
references to the Authority’s principal purposes) applies for the purposes of
subsection (3)(a).

185 Mayoral development corporations: establishment

(1) Subsection (2) applies if the Secretary of State receives notification under
10section 184(6) of the designation of a Mayoral development area.

(2) The Secretary of State must by order—

(a) establish a corporation for the area,

(b) give the corporation the name notified to the Secretary of State by the
Mayor, and

(c) 15give effect to any decisions notified under section 189(8) (decisions
about planning functions, but see also sections 186(4) and 201(6) as
regards other decisions to which effect has to be given).

(3) A corporation established under subsection (2) is a Mayoral development
corporation.

(4) 20A Mayoral development corporation is a body corporate having the name
given to it by the order establishing it.

(5) In exercising power under subsection (2) to make provision of the kind
mentioned in section 221(2)(b), the Secretary of State is to have regard to any
relevant representations received from the Mayor.

(6) 25Schedule 21 (further provision about MDCs) has effect.

186 Exclusion of land from Mayoral development areas

(1) The Mayor may alter the boundaries of a Mayoral development area so as to
exclude any area of land.

(2) Before making an alteration, the Mayor must consult—

(a) 30the London Assembly, and

(b) any other person whom the Mayor considers it appropriate to consult.

(3) If the Mayor makes an alteration, the Mayor must—

(a) publicise the alteration,

(b) notify the Secretary of State of the alteration, and

(c) 35notify the MDC for the area (if an MDC has been established for that
area).

(4) If the Secretary of State receives notification under subsection (3) of an
alteration, the Secretary of State must give effect to the alteration—

(a) when making the order under section 185(2) that establishes an MDC
40for the Mayoral development area concerned, or

(b) by exercising the power to amend that order (see section 14 of the
Interpretation Act 1978).

187 Transfers of property etc to a Mayoral development corporation

(1) The Secretary of State may at any time make a scheme transferring to an MDC
property, rights and liabilities of a person within subsection (3).

(2) Before making a scheme under subsection (1), the Secretary of State must
5consult—

(a) the person whose property, rights or liabilities would be transferred,
and

(b) the Mayor.

(3) A person is within this subsection if the person is—

(a) 10a London borough council,

(b) the Common Council of the City of London in its capacity as a local
authority,

(c) the Homes and Communities Agency,

(d) a development corporation established under the New Towns Act 1981
15for a new town all or part of whose area is in Greater London,

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

(f) the Olympic Delivery Authority,

(g) any company, or other body corporate, which is a wholly-owned
20subsidiary of the Olympic Delivery Authority,

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

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

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

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

(i) 25a Minister of the Crown or a government department,

(j) any company all the shares in which are held by a Minister of the
Crown, or

(k) any company whose members—

(i) include the Mayor and a Minister of the Crown, and

(ii) 30do not include anyone who is neither the Mayor nor a Minister
of the Crown.

(4) The Mayor may at any time make a scheme transferring to an MDC property,
rights and liabilities of—

(a) the Greater London Authority,

(b) 35a functional body other than that MDC, or

(c) a company that is a subsidiary of the Greater London Authority.

(5) The Mayor must publish a scheme under subsection (4) as soon after it is made
as is reasonably practicable.

(6) The Secretary of State may by order specify another person, or a description of
40other persons, from whom property, rights or liabilities may be transferred
under subsection (1) or (4).

(7) In subsection (3)(g) “wholly-owned subsidiary” has the meaning given by
section 1159 of the Companies Act 2006.

(8) For the purposes of subsection (3)(h) and paragraph (b) of this subsection, a
45body corporate (“C”) is a “subsidiary” of another person (“P”) if—

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

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

(9) In subsection (4)(c)—

• “company” means—

  (a)

  a company within the meaning given by section 1(1) of the
  5Companies Act 2006, or

  (b)

  a society registered or deemed to be registered under the Co-
  operative and Community Benefit Societies and Credit Unions
  Act 1965 or the Industrial and Provident Societies Act (Northern
  Ireland) 1969, and

• 10“subsidiary” has the meaning given by section 1159 of the Companies Act
  2006.

(10) In this section—

• “functional body” has the meaning given by section 424(1) of the Greater
  London Authority Act 1999;

• 15“Minister of the Crown” has the same meaning as in the Ministers of the
  Crown Act 1975;

• “public authority” means a public body or a Minister of the Crown or
  other holder of a public office;

• “urban development corporation” means a corporation established by an
  20order under section 135 of the Local Government, Planning and Land
  Act 1980.

Object and main power

188 Object and powers

(1) The object of a MDC is to secure the regeneration of its area.

(2) 25An MDC may do anything it considers appropriate for the purposes of its
object or for purposes incidental to those purposes.

(3) In this section “specific power”, in relation to an MDC, means any of the
MDC’s powers other than its powers under subsection (2).

(4) An MDC’s specific powers are to be exercised for the purposes of its object or
30for purposes incidental to those purposes.

(5) Each of an MDC’s specific powers may be exercised separately or together
with, or as part of, another of its specific powers.

(6) None of an MDC’s specific powers limits the scope of its other specific powers.

(7) None of an MDC’s specific powers limits the scope of its powers under
35subsection (2).

(8) But—

(a) subsections (4) and (5) do not apply to an MDC in its capacity as a local
planning authority as a result of decisions under section 189 or in its
exercise of other functions as a result of decisions under that section,

(b) 40subsection (4) does not apply to the exercise of a function by an MDC
in consequence of an authorisation under section 38 of the Greater
London Authority Act 1999 (delegation by Mayor), and

(c) the powers conferred by subsection (2) must not be used to override a
restriction imposed on the exercise of a specific power.

Planning and infrastructure functions

189 Functions in relation to Town and Country Planning

(1) Subsections (2) to (4) apply if the Mayor designates a Mayoral development
area.

(2) 5The Mayor may decide that the MDC for the area (“the MDC”) is to be the local
planning authority, for the whole or any portion of the area, for the purposes
of any one or more of the following—

(a) Part 3 of the Town and Country Planning Act 1990,

(b) Part 2 of the Planning and Compulsory Purchase Act 2004, and

(c) 10Part 3 of that Act.

(3) The Mayor may decide that the MDC is to have, in the whole or any portion of
the area, the functions conferred on the local planning authority by the
provisions mentioned in Part 1 of Schedule 29 to the Local Government,
Planning and Land Act 1980.

(4) 15The Mayor may decide that the MDC is to have, in the whole or any portion of
the area, the functions conferred on the relevant planning authority by
Schedule 8 to the Electricity Act 1989 so far as applying to applications for
consent under section 37 of that Act.

(5) If the Mayor makes a decision under subsection (3), the Mayor may decide that
20the provisions specified in Part 2 of Schedule 29 to the Local Government,
Planning and Land Act 1980 are to have effect, in relation to land in the whole
or any portion of the area and to the MDC, subject to the modifications
specified in that Part of that Schedule.

(6) The Mayor may, at any time before the order establishing the MDC is made,
25decide that a decision under any of subsections (2) to (5) (whether as originally
made or as varied under this subsection) should be subject to variations
specified in the decision under this subsection.

(7) The Mayor may make a decision under any of subsections (2) to (6) only if—

(a) the Mayor has consulted the persons specified by section 184(4) in
30relation to the area,

(b) the Mayor has had regard to any comments made in response by the
consultees, and

(c) in the event that those comments include comments made by the
London Assembly that the Mayor does not accept, the Mayor has
35published a statement giving the reasons for the non-acceptance.

(8) If the Mayor makes a decision under any of subsections (2) to (6), the Mayor
must—

(a) publicise the decision, and

(b) notify the Secretary of State of the decision.

(9) 40A decision under subsection (2), or a decision under subsection (5) varying a
decision under subsection (2), may make different provision for different
portions of the area.

(10) For the purposes of subsection (6) “variation”, in relation to a decision, includes
a variation that involves—

(a) 45revocation of all or part of the decision, or

(b) substitution of something new for all or part of the decision, including
substitution of something wholly unlike what it replaces.

190 Arrangements for discharge of, or assistance with, planning functions

(1) Where an MDC, as a result of being the local planning authority for purposes
5of Part 3 of the Town and Country Planning Act 1990 in relation to any area,
has functions in place of a London borough council or the Common Council of
the City of London, the MDC may make arrangements for the discharge of any
of those functions by that council.

(2) Where arrangements are in force under subsection (1) for the discharge of any
10functions of an MDC by a council—

(a) that council may arrange for the discharge of those functions by a
committee, sub-committee or officer of the council, and

(b) section 101(2) of the Local Government Act 1972 (delegation by
committees and sub-committees) applies in relation to those functions
15as it applies in relation to the functions of that council.

(3) Arrangements under subsection (1) for the discharge of any functions do not
prevent the MDC from exercising those functions.

(4) Subsection (5) applies where an MDC, as a result of being the local planning
authority for purposes of Part 2 or 3 of the Planning and Compulsory Purchase
20Act 2004 in relation to any area, has functions in place of a London borough
council or the Common Council of the City of London.

(5) The MDC may seek from that council, and that council may give, assistance in
connection with the MDC’s discharge of any of those functions.

191 Removal or restriction of planning functions

(1) 25This section applies if an order establishing an MDC (“the MDC”) has been
made.

(2) The Mayor may decide in relation to a function conferred on the MDC as a
result of a decision under section 189(2) or (3)—

(a) that the MDC is to cease to have the function, whether in all respects or
30in respects specified in the decision, or

(b) that the exercise of the function by the MDC is to be subject to
restrictions specified in the decision.

(3) If the Mayor makes a decision under subsection (2) (“the new decision”), the
Mayor may decide that any provision made under section 185(2) in
35consequence of a decision under section 189(4) should, in consequence of the
new decision, be amended or revoked as specified in the decision under this
subsection.

(4) A reference in subsection (2) or (3) to a decision under a provision of section
189 is, where that decision has been varied (whether once or more than once)
40under section 189(6), a reference to that decision as varied.

(5) If the Mayor makes a decision under subsection (2) or (3), the Mayor must—

(a) publicise the decision, and

(b) notify the Secretary of State of the decision.

(6) The Secretary of State must give effect to a decision notified under subsection
(5) by exercising the power to amend the order under 185(2) that establishes the
MDC (see section 14 of the Interpretation Act 1978).

192 Powers in relation to infrastructure

(1) 5An MDC may provide infrastructure.

(2) An MDC may facilitate the provision of infrastructure.

(3) In this section “provide” includes provide by way of acquisition, construction,
conversion, improvement or repair (and “provision” is to be read in the same
way).

(4) 10In this section “infrastructure” means—

(a) water, electricity, gas, telecommunications, sewerage or other services,

(b) roads or other transport facilities,

(c) retail or other business facilities,

(d) health, educational, employment or training facilities,

(e) 15social, religious or recreational facilities,

(f) cremation or burial facilities, and

(g) community facilities not falling within paragraphs (a) to (f).

Land functions

193 Powers in relation to land

(1) 20An MDC may regenerate or develop land.

(2) An MDC may bring about the more effective use of land.

(3) An MDC may provide buildings or other land.

(4) An MDC may carry out any of the following activities in relation to land—

(a) acquiring, holding, improving, managing, reclaiming, repairing or
25disposing of buildings, other land, plant, machinery, equipment or
other property,

(b) carrying out building and other operations (including converting or
demolishing buildings), and

(c) creating an attractive environment.

(5) 30An MDC may facilitate—

(a) the regeneration or development of land,

(b) the more effective use of land,

(c) the provision of buildings or other land, or

(d) the carrying out of activities mentioned in subsection (4).

(6) 35In this section—

(a) a reference to a “building” is a reference to—

(i) a building or other structure (including a house-boat or
caravan), or

(ii) any part of something within sub-paragraph (i);

(b) 40“develop” includes redevelop (and “development” includes
redevelopment);