Localism Bill (HL Bill 100)

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

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

“(dg) the Greater London Authority so far as exercising its housing
5or regeneration functions or its new towns and urban
development functions;”.

Income and Corporation Taxes Act 1988 (c. 1)Income and Corporation Taxes Act 1988 (c. 1)

24 In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying
lenders) after paragraph (j) insert—

“(ja) 10the Greater London Authority so far as exercising its housing
or regeneration functions or its new towns and urban
development functions;”.

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

25 The Housing Act 1988 is amended as follows.

26 15In section 35(4)(ba) (tenancies which are secure tenancies) after “Agency”
insert “, the Greater London Authority”.

27 In section 38(5A)(b)(i) (definition of “new towns residuary body”) after
“2008” insert “or the Greater London Authority so far as exercising its new
towns and urban development functions”.

28 20In section 52(9A) (recovery of grants: interpretation) in the definition of “the
appropriate authority”—

(a) in paragraph (a) after “association” insert “and property outside
Greater London”, and

(b) for the “and” at the end of that paragraph substitute—

“(aa) 25in relation to an English relevant housing association
and property in Greater London, means the Greater
London Authority, and”.

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

29 In section 219(1) of the Water Industry Act 1991 (general interpretation) in
30the definition of “new towns residuary body” after “2008” insert “or the
Greater London Authority so far as exercising its new towns and urban
development functions”.

Water Resources Act 1991 (c. 57)Water Resources Act 1991 (c. 57)

30 In section 72(2A) of the Water Resources Act 1991 (definition of “new towns
35residuary body”) after “2008” insert “or the Greater London Authority so far
as exercising its new towns and urban development functions”.

Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

31 In section 191 of the Social Security Administration Act 1992 (general
interpretation) in paragraph (a) of the definition of “new town corporation”

at the end of sub-paragraph (ii) insert “; or

(iii) the Greater London Authority so far as exercising its
new towns and urban development functions;”.

Taxation of Chargeable Gains Act 1992 (c. 12)Taxation of Chargeable Gains Act 1992 (c. 12)

32 5In section 219(1) of the Taxation of Chargeable Gains Act 1992 (disposals by
housing related bodies) in paragraph (d) for “or the Homes and
Communities Agency” substitute “, the Homes and Communities Agency or
the Greater London Authority.”

Housing Act 1996 (c. 52)Housing Act 1996 (c. 52)

33 10The Housing Act 1996 is amended as follows.

34 (1) Section 51 (schemes for investigation of complaints against social landlords)
is amended as follows.

(2) In subsection (3)(a)—

(a) in the entry in the list for section 19 of the Housing and Regeneration
15Act 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—

“or a grant from the Greater London Authority which was
a grant made on condition that the housing association
20provides social housing; or”.

(3) After that subsection insert—

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

35 In section 219(4)(a) (directions as to charges by social landlords: meaning of
25social 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) Section 38 (delegation) is amended as follows.

(2) In subsection (2) (persons to whom functions exercisable by the Mayor may
30be delegated) before paragraph (e) insert—

“(db) the Homes and Communities Agency;”.

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

(4) In subsection (7) (power to exercise delegated functions where no existing
35power to do so) before paragraph (c) insert—

“(bb) the Homes and Communities Agency,”.

(5) Before subsection (9) insert—

“(8B) An authorisation given by the Mayor under subsection (1) above to
the Homes and Communities Agency in relation to a function does
40not 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
definition of “GLA body or person” is amended as follows.

(2) Before paragraph (d) insert—

“(ca) 5the 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
Authority Act 1999;”.

(3) Before paragraph (h) insert—

“(gb) 10any committee or sub-committee of 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
Authority Act 1999;”.

(4) 15Before 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
consequence of an authorisation under section 38 of the
20Greater 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
social landlords) after paragraph (ca) insert—

“(cb) 25made 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) in sub-paragraph (3) after the entry relating to the Homes and
30Communities Agency insert—

• “The Greater London Authority so far as exercising its
  housing or regeneration functions or its new towns
  and urban development functions”, and

(b) after sub-paragraph (6) insert—

“(7) 35A 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) is otherwise made to a relevant provider of social
40housing (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,

does not count as part of the chargeable consideration for
45a 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) the Greater London Authority so far as exercising its
housing or regeneration functions or its new towns
5and urban development functions;”, and

(b) in sub-paragraph (2A)—

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

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

(4) In paragraph 7(8)—

(a) 10after “financial assistance” insert “made or given”, and

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

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) 15In subsection (1) after paragraph (f) insert—

“(fa) the 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)”.

20National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

43 The 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 25In section 268(3) (bodies with whom arrangements may be made for
provision 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 30The Housing and Regeneration Act 2008 is amended as follows.

47 In 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
35the HCA in consequence of an authorisation under section 38
of 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) 40the Greater London Authority,”.

49 In 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) 5Section 146 (duration of moratorium) is amended as follows.

(2) After 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.”

(3) 10Before 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 In section 147 (further moratorium) after subsection (4) insert—

“(4A) 15If 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
paragraph (b) insert—

“(aa) 20the 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
relating to property outside Greater London, to the HCA, and

(b) 25in 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
paragraph (e) insert—

“(ea) 30the 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
(b) insert—

“(ba) 35the 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
provider who owns land in Greater London, the Greater
40London 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
London), 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
5the 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”.

61 (1) 10Section 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
registered provider who owns land in Greater London),”.

(3) 15In 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) in the case of a requirement imposed on a registered provider
20who 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) In subsection (4) before paragraph (b) insert—

“(aa) 25in 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) if the requirement would be imposed on a registered
30provider 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
who owns land in Greater London, to the Greater London
35Authority, and”.

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

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

“(aa) the Greater London Authority (if the notice is given to a
40registered provider who owns land in Greater London),
and”.

(3) Before subsection (8) insert—

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

Section 194

5SCHEDULE 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
definition of “local authority” for “, Transport for London and the London
10Development 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) omit “the London Development Agency or”, and

(b) 15for the words from “neither” to “shall” substitute “paragraph 7 of
Schedule 10 to the 1999 Act (delegation by Transport for London)
shall not”.

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

3 In section 11(8A) of the Audit Commission Act 1998 (which prevents
20delegation of duties under the section as regards reports etc)—

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

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

25Greater 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 In section 127(4) (“officers” in section 127(2)(b) includes, in the case of
30Transport 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
measures to be taken by the Authority, Transport for London and the
35London 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”.

London 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
5strategy) substitute—

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

Section 197

SCHEDULE 21 Mayoral development corporations

10Membership

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

(2) The Mayor must, subject to sub-paragraph (5), exercise the Mayor’s power
15under sub-paragraph (1) so as to secure that the members of an MDC
include at least one elected member of each relevant London council.

(3) For the purposes of this Schedule—

(a) “London council” means a London borough council or the Common
Council of the City of London, and

(b) 20a London council is “relevant” in relation to an MDC if any part of
the MDC’s area is within the council’s area.

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

(5) 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
25experience 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.

(6) 30The 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 (5)(b).

Terms of appointment of members

2 (1) Subject as follows, a member of an MDC holds and vacates office in
35accordance 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) ceases 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) 5ceases to be the person appointed to chair an MDC,

is 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) 10the member has become bankrupt or has made an arrangement with
the 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
15that Act),

(d) the member has since being appointed ceased to be an elected
member of a relevant London council and the Mayor wishes to
appoint an elected member of that council to be a member of the
MDC in the member’s place, or

(e) 20in 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.

Staff

3 (1) 25Before 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
first chief executive, be exercised by the Mayor.

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

30Remuneration etc: members and staff

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

(a) remuneration,

(b) travelling and other allowances, and

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

(2) 35The Mayor is to determine rates and eligibility criteria for payments under
sub-paragraph (1).

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

(4) 40Payments under sub-paragraph (1) or (3), other than travelling and
subsistence allowances, are not to be made to a member of an MDC who is
also a member of the London Assembly, but this does not prevent payment
of an allowance under sub-paragraph (1) to the person appointed to chair an
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) sums by way of, or in respect of, pensions and gratuities.

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

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

10Status

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

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

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

(2) An MDC’s property is not to be regarded as property of, or property held on
15behalf of, the Crown.

Committees

6 (1) An MDC may establish committees.

(2) A committee may establish sub-committees.

(3) A committee or sub-committee may, with the agreement of the Mayor,
20include persons who are not members of the MDC.

Delegation

7 (1) An 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) 25any member of the MDC,

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

(c) any of the MDC’s staff.

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

(a) 30any member of the MDC, or

(b) any of the MDC’s staff.

Proceedings and meetings

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

(a) its own procedure,

(b) 35the procedure of any of its committees, and

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

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