Localism Bill (HL Bill 100)

(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) the matters to be covered by that strategy or that strategy as
5revised, 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
to any one or more of the following—

(a) 10Greater 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)
above.

(8) 15Where 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
implementation is having, or is likely to have, a detrimental
20effect 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
detrimental effect.

(9) 25Where 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
30and section 42 above do not apply.

(11) For the purposes of subsection (8) above “national policies” are any
policies 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,
35either House of Parliament, or

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

(3) In 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
40published under section 333F below,”.

192 Transfer schemes: general provisions

(1) In this section—

• “transfer scheme” means a scheme under section 189(1) or 190(2);

• “transferee”, in relation to a transfer scheme, means the person to whom
  45property, rights or liabilities are transferred by the scheme;

Localism BillPage 201

• “transferor”, in relation to a transfer scheme, means the person from
  whom 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) 5property acquired, and rights and liabilities arising, after the making of
the scheme.

(3) A 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
10conclusive evidence that property has been transferred;

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

(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
15transferred;

(d) make provision about the continuation of things (including legal
proceedings) 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
20other document in respect of anything transferred to be treated as
references to the transferee;

(f) make 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
25land transferred to which it applied immediately before the transfer.

(4) The Transfer of Undertakings (Protection of Employment) Regulations 2006
(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) 30A 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) In this section “rights” and “liabilities” include rights, or (as the case may be)
35liabilities, in relation to a contract of employment.

193 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
considers appropriate for the purposes of or in consequence of this Chapter.

(2) 40The 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
successor of things (including legal proceedings) in the process of being
45done 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)—

• “predecessor” means a person from whom property, rights or liabilities
  may be transferred by a scheme under section 189(1) or 190(2);

• “successor” means a person to whom property, rights or liabilities may be
  5transferred by a scheme under section 189(1) or 190(2).

194 Consequential amendments

(1) Schedule 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 10Mayoral development corporations

Introductory

195 Interpretation of Chapter

In this Chapter—

• “the Mayor” means the Mayor of London;

• 15“MDC” means a Mayoral development corporation (see section 197).

Establishment and areas

196 Designation of Mayoral development areas

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

(2) 20Separate 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) 25the 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
30published 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
35London 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) each Member of Parliament whose parliamentary constituency
contains any part of the area,

(d) 5each 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
within the City,

(f) the sub-treasurer of the Inner Temple if any part of the area is within
10the Inner Temple,

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

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

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

(a) 15the “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) the London Assembly rejects a proposal if it resolves to do so on a
motion—

(i) 20considered 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
voting.

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

(a) 25publicise 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) Section 30(2) of the Greater London Authority Act 1999 (interpretation of
30references to the Authority’s principal purposes) applies for the purposes of
subsection (3)(a).

197 Mayoral development corporations: establishment

(1) Subsection (2) applies if the Secretary of State receives notification under
section 196(6) of the designation of a Mayoral development area.

(2) 35The 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) give effect to any decisions notified under section 201(8) (decisions
40about planning functions, but see also sections 198(4) and 213(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) A Mayoral development corporation is a body corporate having the name
45given to it by the order establishing it.

(5) In exercising power under subsection (2) to make provision of the kind
mentioned in section 234(2)(b), the Secretary of State is to have regard to any
relevant representations received from the Mayor.

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

198 5Exclusion 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) the London Assembly, and

(b) 10any 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) notify the MDC for the area (if an MDC has been established for that
15area).

(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 197(2) that establishes an MDC
for the Mayoral development area concerned, or

(b) 20by exercising the power to amend that order (see section 14 of the
Interpretation Act 1978).

199 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) 25Before making a scheme under subsection (1), the Secretary of State must
consult—

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

(b) the Mayor.

(3) 30A person is within this subsection if the person is—

(a) a 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) 35a development corporation established under the New Towns Act 1981
for 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) 40any company, or other body corporate, which is a wholly-owned
subsidiary 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) a 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) 5any company whose members—

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

(ii) do 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,
10rights and liabilities of—

(a) the Greater London Authority,

(b) a 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
15as is reasonably practicable.

(6) The Secretary of State may by order specify another person, or a description of
other 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
20section 1159 of the Companies Act 2006.

(8) For the purposes of subsection (3)(h) and paragraph (b) of this subsection, a
body 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) 25In subsection (4)(c)—

• “company” means—

  (a)

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

  (b)

  a society registered or deemed to be registered under the Co-
  30operative and Community Benefit Societies and Credit Unions
  Act 1965 or the Industrial and Provident Societies Act (Northern
  Ireland) 1969, and

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

(10) 35In this section—

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

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

• 40“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
  order under section 135 of the Local Government, Planning and Land
  Act 1980.

Object and main power

200 Object and powers

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

(2) An MDC may do anything it considers appropriate for the purposes of its
5object 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
for purposes incidental to those purposes.

(5) 10Each 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
subsection (2).

(8) 15But—

(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 201 or in its
exercise of other functions as a result of decisions under that section,

(b) subsection (4) does not apply to the exercise of a function by an MDC
20in 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

201 25Functions in relation to Town and Country Planning

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

(2) The 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
30of 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) Part 3 of that Act.

(3) The Mayor may decide that the MDC is to have, in the whole or any portion of
35the 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) The 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
40Schedule 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
the 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
5specified in that Part of that Schedule.

(6) The Mayor may, at any time before the order establishing the MDC is made,
decide 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) 10The Mayor may make a decision under any of subsections (2) to (6) only if—

(a) the Mayor has consulted the persons specified by section 196(4) in
relation to the area,

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

(c) 15in the event that those comments include comments made by the
London Assembly that the Mayor does not accept, the Mayor has
published 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) 20publicise the decision, and

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

(9) A decision under subsection (2), or a decision under subsection (6) varying a
decision under subsection (2), may make different provision for different
portions of the area.

(10) 25For the purposes of subsection (6) “variation”, in relation to a decision, includes
a variation that involves—

(a) revocation 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.

202 30Arrangements for discharge of, or assistance with, planning functions

(1) Where an MDC, as a result of being the local planning authority for purposes
of 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
35of those functions by that council.

(2) Where arrangements are in force under subsection (1) for the discharge of any
functions 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) 40section 101(2) of the Local Government Act 1972 (delegation by
committees and sub-committees) applies in relation to those functions
as 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) 45Subsection (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

Act 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.

203 5Removal or restriction of planning functions

(1) This 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 201(2) or (3)—

(a) 10that the MDC is to cease to have the function, whether in all respects or
in 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
15Mayor may decide that any provision made under section 197(2) in
consequence of a decision under section 201(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
20201 is, where that decision has been varied (whether once or more than once)
under section 201(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) 25The Secretary of State must give effect to a decision notified under subsection
(5) by exercising the power to amend the order under 197(2) that establishes the
MDC (see section 14 of the Interpretation Act 1978).

204 Powers in relation to infrastructure

(1) An MDC may provide infrastructure.

(2) 30An 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) In this section “infrastructure” means—

(a) 35water, 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) social, religious or recreational facilities,

(f) 40cremation or burial facilities, and

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

Land functions

205 Powers in relation to land

(1) An MDC may regenerate or develop land.

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

(3) 5An 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
disposing of buildings, other land, plant, machinery, equipment or
other property,

(b) 10carrying out building and other operations (including converting or
demolishing buildings), and

(c) creating an attractive environment.

(5) An MDC may facilitate—

(a) the regeneration or development of land,

(b) 15the 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) In this section—

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

(i) 20a building or other structure (including a house-boat or
caravan), or

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

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

(c) 25“improve”, in relation to buildings, includes refurbish, equip and fit
out;

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

206 30Acquisition of land

(1) An MDC may by agreement acquire land in its area or elsewhere.

(2) An MDC may acquire land in its area, or elsewhere in Greater London,
compulsorily if the Secretary of State authorises it to do so.

(3) An MDC must obtain the consent of the Mayor of London before submitting a
35compulsory purchase order authorising an acquisition under subsection (2) to
the Secretary of State for confirmation.

(4) The power under subsection (2) includes power to acquire new rights over
land.

(5) Subsection (6) applies where—

(a) 40land forming part of a common, open space or allotment is being
acquired under subsection (2), or