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PART XII |
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SUPPLEMENTARY PROVISIONS |
| Power to amend Acts and subordinate legislation. |
270. - (1) Any Minister of the Crown may by order make such amendments, repeals or revocations as appear to him to be appropriate in consequence of this Act, or of any regulations or orders under this Act,-
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(a) in any enactment contained in an Act passed before the relevant day or in the Session in which that day falls; or |
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(b) in any subordinate legislation made before the relevant day or in the Session in which that day falls. |
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(2) In subsection (1) above "the relevant day" means the earliest day on which-
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(a) the Authority and the functional bodies are all in being; and |
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(b) London Regional Transport and the Receiver for the Metropolitan Police District have ceased to exist. |
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(3) Any power of a Minister of the Crown by order or regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes-
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(a) to apply with or without modifications, |
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(b) to extend, exclude or amend, or |
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(c) to repeal or revoke with or without savings, |
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any enactment, any instrument made under any enactment or any charter, whenever granted.
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| Transfers of property, rights, liabilities, staff and pension obligations. |
271. - (1) The Secretary of State may by order make provision for and in connection with the transfer of property, rights or liabilities in consequence of, or in connection with, any transfer of functions effected by or under this Act.
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(2) The provision that may be made by an order under subsection (1) above includes provision for and in connection with-
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(a) the transfer of rights and liabilities under contracts of employment; and |
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(b) protecting or securing pension rights of persons affected by any such transfer (whether by transferring the liabilities in respect of those rights or otherwise). |
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(3) The reference in subsection (1) above to a transfer of functions includes a reference to the case where-
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(a) some or all of a body's functions cease to be exercisable; but |
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(b) corresponding or similar functions are conferred on another body. |
| Regulations and orders. |
272. - (1) Except to the extent that this Act makes provision to the contrary, any power conferred by this Act to make regulations or an order includes power-
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(a) to make different provision for different cases; and |
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(b) to make incidental, consequential, supplemental or transitional provision and savings. |
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(2) Any power conferred on a Minister of the Crown by this Act to make regulations or an order shall be exercisable by statutory instrument.
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(3) A statutory instrument containing (whether alone or with other provisions)-
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(a) regulations under section 168, 169 or 170 above or Schedule 10 to this Act, or |
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(b) an order under section 20(1)(b) or 27 above or paragraph 7(3) of Schedule 2 to this Act, |
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shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
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(4) A statutory instrument-
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(a) which contains (whether alone or with other provisions)- |
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(i) regulations under any provision of this Act specified in subsection (5) below, or
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(ii) an order under any provision of this Act specified in subsection (6) below, and
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(b) which is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, |
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shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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(5) The provisions mentioned in subsection (4)(a)(i) above are-
any provision of Part VIII of this Act;
section 200;
section 201;
section 269(2).
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(6) The provisions mentioned in subsection (4)(a)(ii) above are-
section 3(1) or (2);
section 53;
section 139;
section 140;
section 268(2);
section 270;
section 271;
paragraph 1 of Schedule 18.
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| Directions. |
273. - (1) Any direction given under this Act shall be in writing.
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(2) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.
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| Financial provisions. |
274. There shall be paid out of money provided by Parliament-
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(a) any expenditure incurred by a Minister of the Crown or government department under or by virtue of this Act; and |
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(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act. |
| Repeals. |
275. The enactments mentioned in Schedule 21 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
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| Interpretation. |
276. - (1) In this Act-
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"the Assembly" means the London Assembly; |
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"Assembly member" means a member of the Assembly; |
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"the Authority" means the Greater London Authority; |
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"the Common Council" means the Common Council of the City of London; |
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"constituency member" shall be construed in accordance with section 2(2)(a) above; |
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"financial year" means a period of twelve months ending with 31st March; |
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"the Fire etc Authority" has the meaning given by section 220(2); |
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(a) Transport for London;
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(b) the London Development Agency;
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(c) the Metropolitan Police Authority; or
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(d) the London Fire and Emergency Planning Authority;
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"guidance" means guidance in writing; |
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"local authority" has the same meaning as in the Local Government Act 1972; |
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"London member" shall be construed in accordance with section 2(2)(b) above; |
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"Mayor" means Mayor of London; |
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"member of staff", in relation to the Authority, means a person appointed under section 56(1) or (2) above; |
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"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975; |
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"notice" means notice in writing; |
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"notify" means notify in writing; |
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"ordinary election" shall be construed in accordance with section 2(7) above; |
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"principal council" has the same meaning as in the Local Government Act 1972; |
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"proper officer" shall be construed in accordance with subsection (2) below; |
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"standing orders", in relation to the Authority, shall be construed in accordance with subsection (3) below; |
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"statutory functions" means functions conferred or imposed by or under any enactment; |
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"subordinate legislation" has the same meaning as in the Interpretation Act 1978 (see section 21(1) of that Act); |
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"subsidiary" has the meaning given to it by section 736 of the Companies Act 1985. |
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(2) In this Act, and in any enactment applied by this Act, any reference to a proper officer and any reference which by virtue of this Act is to be construed as such a reference, shall in relation to the Authority or a functional body and any purpose or area be construed as a reference to an officer appointed by the Authority or body for that purpose or area.
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(3) In this Act, or any other enactment which has effect in relation to the Authority, any reference to standing orders shall, in its application in relation to the Authority, have effect as a reference to standing orders of the Authority made by the Assembly in consultation with the Mayor.
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| Short title, commencement and extent. |
277. - (1) This Act may be cited as the Greater London Authority Act 1999.
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(2) Apart from this section, section 272 above and any power of a Minister of the Crown to make regulations or an order (which accordingly come into force on the day on wich this Act is passed) the provisions of this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
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(3) Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.
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(4) Any such order may include such adaptations of-
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(a) the provisions which it brings into force, or |
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(b) any other provisions of this Act then in force, |
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as appear to the Secretary of State to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.
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(5) Subsections (3) and (4) above are without prejudice to section 272 above.
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(6) This Act does not extend to Northern Ireland.
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