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Localism BillPage 390

(a) in the entry in the list for section 19 of the Housing and Regeneration
Act 2008 omit the words from “(and” to “Act)”, and

(b) at the end of the entry in the list for section 50 of the Housing Act
1988 etc (but not as an entry in that list) insert—

5or a grant from the Greater London Authority which was
a grant made on condition that the housing association
provides social housing; or.

(3) After that subsection insert—

(3A) In subsection (3) “provides social housing” has the same meaning as
10in Part 1 of the Housing and Regeneration Act 2008.

35 In section 219(4)(a) (directions as to charges by social landlords: meaning of
social landlord) after “Agency,” insert “the Greater London Authority,”.

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

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

37 (1) 15Section 38 (delegation) is amended as follows.

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

(db) the Homes and Communities Agency;.

(3) In subsection (3) (cases where delegation to body requires its consent) after
20“In the case of” insert “the Homes and Communities Agency,”.

(4) In subsection (7) (power to exercise delegated functions where no existing
power to do so) before paragraph (c) insert—

(bb) the Homes and Communities Agency,.

(5) Before subsection (9) insert—

(8B) 25An authorisation given by the Mayor under subsection (1) above to
the Homes and Communities Agency in relation to a function does
not prevent the Mayor from exercising the function.

38 (1) In section 73(6), in the substituted subsection (2) of section 5 of the Local
Government and Housing Act 1989 (reports by monitoring officer), the
30definition of “GLA body or person” is amended as follows.

(2) Before paragraph (d) insert—

(ca) the Homes and Communities Agency, when exercising any
function of the Greater London Authority in consequence of
an authorisation under section 38 of the Greater London
35Authority Act 1999;.

(3) Before paragraph (h) insert—

(gb) any committee or sub-committee of the Homes and
Communities Agency when exercising any function of the
Greater London Authority in consequence of an
40authorisation under section 38 of the Greater London
Authority Act 1999;.

Localism BillPage 391

(4) Before the closing words insert—

(mb) any member, or member of staff, of the Homes and
Communities Agency when exercising, or acting in the
exercise of, any function of the Greater London Authority in
5consequence of an authorisation under section 38 of the
Greater London Authority Act 1999;.

Finance Act 2003 (c. 14)Finance Act 2003 (c. 14)

39 The Finance Act 2003 is amended as follows.

40 In section 71(4) (stamp duty land tax: reliefs for acquisitions by registered
10social landlords) after paragraph (ca) insert—

(cb) made or given by the Greater London Authority,.

41 (1) Schedule 9 (stamp duty land tax: rights to buy, shared ownership leases etc)
is amended as follows.

(2) In paragraph 1—

(a) 15in sub-paragraph (3) after the entry relating to the Homes and
Communities Agency insert—

(b) 20after sub-paragraph (6) insert—

(7) A grant by the Greater London Authority which—

(a) is made by virtue of section 35 of the Housing and
Regeneration Act 2008 as applied by section 333ZE
of the Greater London Authority Act 1999, or

(b) 25is otherwise made to a relevant provider of social
housing (within the meaning of section 35 of the
Housing and Regeneration Act 2008) in respect of
discounts given by the provider on disposals of
dwellings to tenants,

30does not count as part of the chargeable consideration for
a right to buy transaction to which the vendor is a relevant
provider of social housing.

(3) In paragraph 5—

(a) in sub-paragraph (2) after paragraph (e) insert—

(ea) 35the Greater London Authority so far as exercising its
housing or regeneration functions or its new towns
and urban development functions;, and

(b) in sub-paragraph (2A)—

(i) after “financial assistance” insert “made or given”, and

(ii) 40after “2008” insert “or by the Greater London Authority”.

(4) In paragraph 7(8)—

(a) after “financial assistance” insert “made or given”, and

(b) after “2008” insert “or by the Greater London Authority”.

Localism BillPage 392

Finance Act 2004 (c. 12)Finance Act 2004 (c. 12)

42 (1) Section 59 of the Finance Act 2004 (construction industry scheme:
contractors) is amended as follows.

(2) In subsection (1) after paragraph (f) insert—

(fa) 5the Greater London Authority in the exercise of its functions
relating to housing or regeneration or its new towns and
urban development functions;.

(3) In subsection (2) for “(f)” substitute “(fa)”.

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

43 10The National Health Service Act 2006 is amended as follows.

44 In section 256(2) (bodies to which PCTs may make payments in connection
with provision of housing accommodation) after paragraph (ba) insert—

(bb) the Greater London Authority,.

45 In section 268(3) (bodies with whom arrangements may be made for
15provision of accommodation to persons displaced by health service
development) after paragraph (d) insert—

(da) the Greater London Authority,.

Housing and Regeneration Act 2008 (c. 17)2008 (c. 17)

46 The Housing and Regeneration Act 2008 is amended as follows.

47 20In section 4(6) (application of rules about the exercise of the Homes and
Communities Agency’s specific powers) before the “and” at the end of
paragraph (a) insert—

(aa) subsection (2) does not apply to the exercise of a function by
the HCA in consequence of an authorisation under section 38
25of the Greater London Authority Act 1999 (delegation by
Mayor),.

48 In section 112(4) (duty to consult before setting criteria for voluntary
registration) before paragraph (b) insert—

(aa) the Greater London Authority,.

49 30In section 145 (moratorium) before the table insert—

(5) Where the private registered provider owns land in Greater London,
the regulator shall give the Greater London Authority a copy of any
notice received under this section.

50 (1) Section 146 (duration of moratorium) is amended as follows.

(2) 35After subsection (4) insert—

(4A) If the regulator extends a moratorium in respect of a private
registered provider who owns land in Greater London, the regulator
shall also notify the Greater London Authority.

Localism BillPage 393

(3) Before subsection (9) insert—

(8A) When a moratorium in respect of a private registered provider who
owns land in Greater London ends, the regulator shall also give
notice to the Greater London Authority.

51 5In section 147 (further moratorium) after subsection (4) insert—

(4A) If the regulator imposes a new moratorium in respect of a private
registered provider who owns land in Greater London, the regulator
shall also notify the Greater London Authority.

52 In section 174(5) (procedure for consent to disposal of social housing) before
10paragraph (b) insert—

(aa) the Greater London Authority,.

53 In section 178(3) (private registered provider’s use of proceeds from
disposals) for the words from “to the HCA” to the end substitute

(a) in the case of sums representing net disposal proceeds
15relating to property outside Greater London, to the HCA, and

(b) in the case of sums representing net disposal proceeds
relating to property in Greater London, to the Greater
London Authority.

54 In section 196(1) (consultation on standards and codes of practice) after
20paragraph (e) insert—

(ea) the Greater London Authority,.

55 In section 197(4) (direction by Secretary of State) after paragraph (a) insert—

(aa) the Greater London Authority,.

56 In section 216 (consultation on use of intervention powers) after paragraph
25(b) insert—

(ba) the Greater London Authority,.

57 In section 222 (notification of use of enforcement notice) before paragraph
(b) insert—

(aa) in the case of an enforcement notice given to registered
30provider who owns land in Greater London, the Greater
London Authority, and.

58 In section 230(2) (pre-penalty warning) before paragraph (b) insert—

(aa) the Greater London Authority (if the pre-penalty warning is
given to a registered provider who owns land in Greater
35London), and.

59 Before section 233 insert—

232A Notifying the Greater London Authority

If the regulator imposes a penalty on a registered provider who owns
land in Greater London, it must send a copy of the penalty notice to
40the Greater London Authority.

60 In section 242(3) (pre-compensation warning) before paragraph (b) insert—

(aa) the Greater London Authority (if the pre-compensation
warning is given to a registered provider who owns land in
Greater London), and.

Localism BillPage 394

61 (1) Section 248 (supplemental provisions about management tenders) is
amended as follows.

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

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

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

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

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

(2) 15In subsection (4) before paragraph (b) insert—

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

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

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

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

(aa) in the case of a requirement imposed on a registered provider
25who owns land in Greater London, to the Greater London
Authority, and.

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

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

(aa) 30the Greater London Authority (if the notice is given to a
registered provider who owns land in Greater London),
and.

(3) Before subsection (8) insert—

(7A) The regulator must notify the Greater London Authority of an
35appointment or requirement under section 251(2) in respect of a
registered provider who owns land in Greater London.

Localism BillPage 395

Section 182

SCHEDULE 20 Abolition 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
5definition of “local authority” for “, Transport for London and the London
Development Agency” substitute “and Transport for London”.

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) 10omit “the London Development Agency or”, and

(b) for 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 15In section 11(8A) of the Audit Commission Act 1998 (which prevents
delegation 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
20Transport for London) shall not”.

Greater 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 38(8) (application of section 101 of the Local Government Act
1972) after paragraph (a) insert “or”.

6 25In 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
a reference to its members.”

7 In section 362(3)(b) (air quality strategy to contain information about
30measures 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”.

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

35London Olympic Games and Paralympic Games Act 2006 (c. 12)2006 (c. 12)

9 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
prepared or revised) for paragraph (c) (the London Development Agency’s
strategy) substitute—

(c) 40the Economic development strategy for London prepared in
accordance with section 333F of that Act.

Localism BillPage 396

Section 185

SCHEDULE 21 Mayoral development corporations

Membership

1 (1) A Mayoral development corporation (“MDC”) is to consist of such number
5of members (being not less than six) as the Mayor of London (“the Mayor”)
may from time to time appoint.

(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
10experience of, and has shown some capacity in, a matter relevant to
the 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) 15The Mayor may require any person whom the Mayor proposes to appoint as
a 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
20accordance with the member’s terms of appointment.

(2) A 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) 25ceases to hold that appointment if the person ceases to be a member
of 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,

30is eligible for reappointment.

(5) The 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
35the member’s creditors,

(c) a 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) 40in the opinion of the Mayor, the member has failed to comply with
the member’s terms of appointment or is otherwise unable, unfit or
unsuitable to exercise the member’s functions as a member of the
MDC.

Localism BillPage 397

Staff

3 (1) Before an MDC appoints staff it must obtain the Mayor’s agreement to the
terms 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
5first chief executive, be exercised by the Mayor.

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

Remuneration etc: members and staff

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

(a) remuneration,

(b) 10travelling and other allowances, and

(c) sums 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
15compensate a person on ceasing to be a member of an MDC, the MDC may
pay 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
20of an allowance under sub-paragraph (1) to the person appointed to chair an
MDC 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) 25sums by way of, or in respect of, pensions and gratuities.

(6) Rates 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
30former staff.

Status

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) 35An MDC’s property is not to be regarded as property of, or property held on
behalf of, the Crown.

Committees

6 (1) An MDC may establish committees.

(2) A committee may establish sub-committees.

Localism BillPage 398

(3) A committee or sub-committee may, with the agreement of the Mayor,
include 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) 5An MDC may delegate any of its functions to any of its members,
committees or staff.

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

(a) any member of the MDC,

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

(c) 10any of the MDC’s staff.

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

(a) any member of the MDC, or

(b) any of the MDC’s staff.

15Proceedings and meetings

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

(a) its own procedure,

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

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

(2) 20Subject to sub-paragraph (1), a committee may decide the procedure of any
of its sub-committees.

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

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

9 25The validity of any proceeding of an MDC is not affected by—

(a) its having fewer than six members,

(b) there 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.

30Annual report (and “financial year”)

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

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

(b) 35include in the report a copy of its audited statement of accounts for
the year, and

(c) send 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.

Localism BillPage 399

Seal etc

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

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

(b) another member of the MDC, or some other person, authorised
5(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) is to be received in evidence, and

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

10House 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—

Section 209

SCHEDULE 22 Mayoral development corporations: consequential and other amendments

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

1 In paragraph 2 of Schedule 4A to the Leasehold Reform Act 1967 (exclusion
20of 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) The Local Government Act 1972 is amended as follows.

(2) 25In 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
other premises at which meeting to be held) for “or (f)” substitute “, (f) or
30(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
paragraphs (a) to (c) there were substituted—

(a) 35a 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).

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Contents page 290-299 300-309 310-319 320-329 330-339 340-349 350-359 360-369 370-379 380-389 390-399 400-409 410-419 420-429 430-439 440-452 Last page