Localism Bill (HL Bill 100)

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

(a) 5its having fewer than six members,

(b) there being no person appointed to chair it,

(c) its members not including at least one elected member of each
relevant London council, or

(d) any defect in the appointment of any of its members or of the person
10appointed to chair it.

Annual 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
15the year,

(b) include 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
20with 31 March.

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
25(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.

30House 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—

• “A Mayoral development corporation (see section 197 of the
  35Localism Act 2011).”

Section 221

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
5of certain shared ownership leases granted by public authorities) in sub-
paragraph (2) after paragraph (bb) insert—

“(bc) a Mayoral development corporation;”.

Local Authorities (Goods and Services) Act 1970 (c. 39)1970 (c. 39)

2 In section 1(4) of the Local Authorities (Goods and Services Act) 1970
10(supply of goods and services by local authorities: interpretation) in the
definition of “local authority” after “(joint waste authorities)” insert “, a
Mayoral development corporation”.

Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70)

3 (1) The Local Government Act 1972 is amended as follows.

(2) 15In 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
20(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) 25a 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).””

(5) In section 100J(4)(b) (disapplication of duty to state ward or division for
30which member represents) after “in relation to” insert “a Mayoral
development corporation, or”.

(6) In section 100K(1) (interpretation of Part 5A) in the definition of “committee
or sub-committee of a principal council” before the second “above” insert
“and (3ZAA)”.

35Local Government Act 1974 (c. 7)Local Government Act 1974 (c. 7)

4 In section 25(1) of the Local Government Act 1974 (authorities subject to
investigation by a Local Commissioner) after paragraph (bd) insert—

“(bda) a Mayoral development corporation,”.

Rent Act 1977 (c. 42)Rent Act 1977 (c. 42)

5 In section 14(1) of the Rent Act 1977 (tenancy not protected if landlord is
listed body) after paragraph (g) insert—

“(ga) a Mayoral development corporation;”.

5Protection from Eviction Act 1977 (c. 43)Protection from Eviction Act 1977 (c. 43)

6 In section 3A(8) of the Protection from Eviction Act 1977 (licence to stay in
hostel excluded if hostel provided by listed body) after paragraph (d)
insert—

“(da) a Mayoral development corporation;”.

10Acquisition of Land Act 1981 (c. 67)Acquisition of Land Act 1981 (c. 67)

7 (1) The Acquisition of Land Act 1981 is amended as follows.

(2) In section 17(3) (special parliamentary procedure does not apply to
acquisition by certain public bodies) after “an urban development
corporation” insert “, a Mayoral development corporation”.

(3) 15In section 31(1) (acquisition under certain Acts of statutory undertakers’
land without a certificate) before the “or” at the end of paragraph (c) insert—

“(ca) section 206(2) of the Localism Act 2011 (acquisition by
Mayoral development corporation),”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

8 In paragraph 2(5) of Schedule 4 to the Local Government (Miscellaneous
Provisions) Act 1982 (street trading: designation of streets: meaning of
25“relevant corporation”) after paragraph (b) insert—

“(ba) a Mayoral development corporation;”.

Housing Act 1985 (c. 68)Housing Act 1985 (c. 68)

9 The Housing Act 1985 is amended as follows.

10 In section 45(2) in the definition of “public sector authority” after the entry
30for an urban development corporation insert—

• “a Mayoral development corporation,”.

11 In section 80(1) (secure tenancies: the landlord condition) before the entry for
an urban development corporation insert—

• “a Mayoral development corporation,”.

12 35In section 114(1) (meaning of “landlord authority”) before the entry for a
housing action trust insert—

• “a Mayoral development corporation,”.

13 In section 171(2) (section applies to interests held by certain bodies) after the
entry for an urban development corporation insert—

• 40“a Mayoral development corporation,”.

14 In section 458(1) (Part 14: minor definitions) in the definition of “housing
authority” after “an urban development corporation,” insert “a Mayoral
development corporation,”.

15 In paragraph 2(1) of Schedule 1 (tenancy not secure if tenant employed by
5landlord or certain bodies) before the entry for an urban development
corporation insert—

• “a Mayoral development corporation,”.

16 In Part 1 of Schedule 2 (grounds on which court may order possession of
dwelling-house let under secure tenancy if it considers it reasonable) in
10paragraph (a) of Ground 7 before the entry for an urban development
corporation insert—

• “a Mayoral development corporation,”.

17 In Part 3 of Schedule 2 (grounds on which court may order possession of
dwelling-house let under secure tenancy if it considers it reasonable and
15suitable alternative accommodation is available) in paragraph (a) of Ground
12 before the entry for an urban development corporation insert—

• “a Mayoral development corporation,”.

• “a Mayoral development corporation,”.

19 In Schedule 4 (qualifying period for right to buy etc) in paragraph 7(1) (the
landlord condition) after the entry for an urban development corporation
insert—

• 25“a Mayoral development corporation,”.

20 In Schedule 5 (exceptions to right to buy) in paragraph 5(1)(b) (letting to
employees of certain bodies) before the entry for an urban development
corporation insert—

• “a Mayoral development corporation,”.

30Landlord and Tenant Act 1985 (c. 70)Landlord and Tenant Act 1985 (c. 70)

21 In section 14(4) of the Landlord and Tenant Act 1985 (section 11 does not
apply to a post-1980 lease granted to a listed body) after the entry for an
urban development corporation insert—

• “a Mayoral development corporation,”.

35Landlord and Tenant Act 1987 (c. 31)Landlord and Tenant Act 1987 (c. 31)

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

“(ba) a Mayoral development corporation;”.

Local Government Act 1988 (c. 9)Local Government Act 1988 (c. 9)

23 40In Schedule 2 to the Local Government Act 1988 in the list of public
authorities after the entry for an urban development corporation insert—

• “A Mayoral development corporation.”

Local Government Finance Act 1988 (c. 41)Local Government Finance Act 1988 (c. 41)

24 In the Local Government Finance Act 1988 after section 48 insert—

“48A Discretionary relief: functions of Mayoral development corporations

(1) The Mayor of London may require a billing authority to provide the
5Mayor with information to assist the Mayor with making decisions
under section 213 of the Localism Act 2011 (Mayor’s power to decide
that a Mayoral development corporation should have functions
under section 47 above).

(2) A Mayoral development corporation which has, or expects to have,
10functions under section 47 above may require a billing authority to
provide the corporation with information to assist the corporation to
exercise functions under that section.

(3) A billing authority must comply with a requirement imposed on it
under subsection (1) or (2) above so far as the requirement relates to
15information available to the billing authority.

(4) A person to whom information is provided in response to a
requirement imposed under subsection (1) or (2) above may use the
information only for the purposes for which it was sought.

(5) The Secretary of State may by regulations make transitional
20provision in connection with, or in anticipation of, a Mayoral
development corporation—

(a) beginning to exercise functions under section 47 above, or

(b) ceasing to exercise functions under that section.

(6) The Secretary of State may by regulations make provision about
25payment by a Mayoral development corporation to a billing
authority of amounts—

(a) as regards the operation of section 47 above in cases where
the corporation has exercised functions under that section;

(b) as regards costs of collection and recovery in such cases.”

30Housing Act 1988 (c. 50)Housing Act 1988 (c. 50)

25 The Housing Act 1988 is amended as follows.

26 In section 35(4) (tenancies which can be secure tenancies) after paragraph (a)
insert—

“(aa) the interest of the landlord belongs to a Mayoral
35development corporation; or”.

27 In section 38(5) (when landlord’s interest is held by a public body) after
paragraph (a) insert—

“(aa) it belongs to a Mayoral development corporation; or”.

28 In section 89(1) (housing action trust and urban development corporation
40may enter in agreement for supply of goods and services) after “1980,” insert
“or a housing action trust and a Mayoral development corporation,”.

29 In paragraph 12(1) of Schedule 1 (tenancy cannot be assured tenancy if
landlord is listed body) after paragraph (d) insert—

“(da) a Mayoral development corporation;”.

Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

30 The Town and Country Planning Act 1990 is amended as follows.

31 In section 2A (power for Mayor to call in planning applications) after
subsection (1) insert—

“(1A) 5Subsection (1) does not apply if the local planning authority is a
Mayoral development corporation.”

32 After section 7 insert—

“7A Mayoral development areas

(1) Subsection (2) applies where an order under section 197(2) of the
10Localism Act 2011 gives effect to any decision under section 201(2) or
(5) of that Act as a result of which a Mayoral development
corporation is for any area to be the local planning authority for the
purposes of Part 3 of this Act.

(2) The Mayoral development corporation is the local planning
15authority for that area for those purposes in place of any authority
who would otherwise be the local planning authority for that area for
those purposes.

(3) Subsection (4) applies where an order under section 197(2) of that
Act gives effect to any decision under section 201(3) or (5) of that Act
20as a result of which a Mayoral development corporation is for any
area to have the functions referred to in section 201(3) of that Act.

(4) The Mayoral development corporation has those functions in place
of any authority (except the Secretary of State) who would otherwise
have them in that area.

(5) 25If an order under section 197(2) of that Act is amended to give effect
to a decision under section 203(2) of that Act that limits the effect of
a decision under section 201 of that Act, subsection (2) or (4), or each
of them, applies accordingly.”

33 After section 165 (Secretary of State may acquire land blighted by proposed
30new town or urban development area) insert—

“165ZA Power of Greater London Authority to acquire land affected by
designation of Mayoral development area where blight notice served

(1) Where a blight notice has been served in respect of land falling
within paragraph 9A of Schedule 13 then, until such time as a
35Mayoral development corporation is established for the Mayoral
development area, the Greater London Authority has power to
acquire compulsorily any interest in the land in pursuance of the
blight notice served by virtue of that paragraph.

(2) Where the Greater London Authority acquires an interest under
40subsection (1), then—

(a) if the land is or becomes land within paragraph 9A(b) of
Schedule 13, the interest is to be transferred by the Authority
to the Mayoral development corporation established for the
Mayoral development area; and

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

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

(a) the acquisition were by a Mayoral development corporation
under Chapter 2 of Part 8 of the Localism Act 2011; and

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

34 10In section 169 (meaning of “appropriate authority”) after subsection (4)
insert—

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

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

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

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

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

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

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

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

(b) a reference to a Mayoral development corporation which is
the local planning authority by virtue of an order under
section 197(2) of the Localism Act 2011,

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

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

“9A Land which is within an area designated under section 196 of the
Localism Act 2011 as a Mayoral development area where—

(a) an order under section 197(2) of that Act establishing a
45Mayoral development corporation for the area has not
been made or has been made but has not come into effect;
or

(b) such an order has come into effect.”

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

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

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

39 The Water Industry Act 1991 is amended as follows.

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

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

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

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

• “( aa)

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

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

• “( aa)

  the Mayoral development corporation for any
  Mayoral development area;”.

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

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

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

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

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

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

45 (1) 35Amend section 31 (limits of the general power) as follows.

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

(a) 40Transport for London;

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

(c) the London Fire and Emergency Planning Authority.”

(3) After subsection (1) insert—

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

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

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

“(da) any Mayoral development corporation;”.

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

“(ba) any Mayoral development corporation,”.

(4) After subsection (8) (further delegation, and Mayor’s power to continue to
continue to exercise delegated functions) insert—

“(8A) 15An authorisation given by the Mayor under subsection (1) above to
a Mayoral development corporation in relation to a function does not
prevent the Mayor from exercising the function.”

47 In section 60A(3) (offices where confirmation process applies) after the entry
for the chairman of the London Fire and Emergency Planning Authority
20insert—

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

48 (1) Amend section 68 (disqualification and political restriction) as follows.

(2) 25In subsection (2) (application of disqualification and political restriction to
certain bodies) after paragraph (b) insert—

“(ba) a Mayoral development corporation.”

(3) In subsection (3) (person appointed by Mayor as a member of his staff under
section 67(1) not disqualified from becoming an unpaid member of
30Transport for London) after “Transport for London” insert “or a Mayoral
development corporation”.

(4) In subsection (6) (“statutory chief officer” to include chief finance officer)—

(a) after “London,” in paragraph (a) insert “and

(aa) of a Mayoral development corporation,”, and

(b) 35after “member of Transport for London” insert “or, as the case may
be, a Mayoral development corporation”.

(5) After subsection (6) insert—

“(6A) In the application of section 2 of that Act in relation to a Mayoral
development corporation by virtue of subsections (1) and (2) above,
40any reference to the person designated under section 4 of that Act as
its head of paid service is to be taken as a reference to the chief
executive of the Mayoral development corporation.”

49 (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), amend
45the definition of “GLA body or person” as follows.

(2) After paragraph (b) insert—

“(ba) a Mayoral development corporation, when exercising any
function of the Greater London Authority in consequence of
an authorisation under section 38 of the Greater London
5Authority Act 1999;”.

(3) After paragraph (g) insert—

“(ga) any committee or sub-committee of a Mayoral development
corporation when exercising any function of the Greater
London Authority in consequence of an authorisation under
10section 38 of the Greater London Authority Act 1999;”.

(4) After paragraph (m) insert—

“(ma) any member, or member of staff, of a Mayoral development
corporation when exercising, or acting in the exercise of, any
function of the Greater London Authority in consequence of
15an authorisation under section 38 of the Greater London
Authority Act 1999;”.

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

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

(2) In subsection (3) (bodies from which property etc may be transferred under
25section 408) after paragraph (g) insert—

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

(gb) the Olympic Delivery Authority;

(gc) any company, or other body corporate, which is a wholly-
30owned subsidiary of the Olympic Delivery Authority;

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

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

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

(iii) 35is not a subsidiary of any person who is not a public
authority;”.

(3) After subsection (8) insert—

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

(10) 40For the purposes of subsection (3)(gd) and paragraph (b) of this
subsection, a body corporate (“C”) is a “subsidiary” of another
person (“P”) if—

(a) 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
45of P,

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