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Supplementary provisions |
| Declaration of acceptance of office. |
23. - (1) A person elected to the office of Mayor or of an Assembly member shall not act in that office unless-
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(a) he has made a declaration of acceptance of the office in a form prescribed in an order made by the Secretary of State; and |
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(b) within two months from the day of the election, the declaration has been delivered to the proper officer of the Authority. |
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(2) If such a declaration is not made and delivered to that officer within that time, the office of the person elected shall become vacant at the expiration of that time.
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(3) The declaration shall be made before-
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(a) two members of the Assembly; |
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(b) the proper officer of the Authority; |
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(c) a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man; or |
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(d) a commissioner appointed to administer oaths in the Supreme Court. |
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(4) Any person before whom a declaration is authorised to be made under this section may take the declaration.
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(5) In relation to the first ordinary election, an order under section 3(1) above may make provision with respect to the making and delivery of declarations of acceptance of office in the case of the persons elected as the Mayor or Assembly members.
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(6) An order made by virtue of subsection (5) above may (in particular) make provision-
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(a) permitting declarations to be made before such person (other than those specified in subsection (3) above) as may be specified or described in the order; |
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(b) authorising any person specified or described under paragraph (a) above to take declarations; |
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(c) requiring declarations to be delivered to such person as may be specified or described in the order instead of the officer mentioned in subsection (1)(b) above; and |
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(d) requiring declarations delivered in accordance with provision made under paragraph (c) above to be transmitted to the proper officer of the Authority when one has been appointed. |
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(7) This section applies in relation to a London member returned otherwise than at an election as if he had been elected on the day on which he is to be treated as returned.
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| Interpretation of this Part. |
24. In this Part, except where the context otherwise requires-
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"constituency returning officer" means the returning officer at an election of an Assembly member for an Assembly constituency (see section 35(2B) of the Representation of the People Act 1983); |
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"constituency vote" has the meaning given by section 4(1)(b) above; |
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"elector" has the same meaning as in the Representation of the People Act 1983 (see section 202(1) of that Act); |
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"first preference vote" has the meaning given in paragraph 2 of Schedule 2 to this Act; |
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"Greater London returning officer" means the person who is for the time being the proper officer of the Authority for the purposes of section 35(2C) of the Representation of the People Act 1983 (returning officer at elections of Mayor and London members); |
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"local government elector" means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts; |
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"the London figure", subject to the other provisions of this Part, has the meaning given by paragraph 6(3) of Schedule 2 to this Act; |
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"London vote" has the meaning given by section 4(1)(c) above; |
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"mayoral vote" has the meaning given by subsection (1)(a) of section 4 above (as read with subsection (3) of that section); |
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"registered political party" has the meaning given by section 4(11) above; |
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"second preference vote" has the meaning given in paragraph 2 of Schedule 2 to this Act; |
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"vote" and "voter" have the same meaning as in the Representation of the People Act 1983 (see section 202(1) of that Act). |
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PART II |
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GENERAL FUNCTIONS AND PROCEDURE |
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The purpose and general powers of the Authority |
| The purpose of the Authority. |
25. - (1) The Authority shall have the purpose of promoting economic and social development in Greater London and the improvement of the environment in Greater London.
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(2) The powers of the Authority are only exercisable where the body or person exercising them considers that the exercise in question will further the purpose mentioned in subsection (1) above.
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(3) The matters to which a body or person is to have regard in determining whether to exercise any of the powers of the Authority include the desirability of-
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(a) ensuring a reasonable balance between promoting economic development in Greater London, promoting social development in Greater London, and promoting the improvement of the environment in Greater London; |
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(b) contributing towards the achievement of sustainable development in the United Kingdom; |
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(c) facilitating the creation of wealth in Greater London; and |
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(d) promoting improvements in the health of persons in Greater London. |
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(4) In deciding-
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(a) whether the exercise of any of the Authority's powers will further the purpose mentioned in subsection (1) above, or |
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(b) whether or not to exercise any of the Authority's powers, |
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a body or person shall undertake such consultation as the body or person considers appropriate.
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(5) The consultation required to be undertaken by virtue of subsection (4) above shall include consultation with such organisations representative of business as the body or person undertaking the consultation considers appropriate having regard to the impact of the exercise of the Authority's functions on the interests of business.
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| Secretary of State's guidance about the Authority's purpose. |
26. - (1) The Secretary of State may issue guidance to the Authority concerning the application of section 25 above in relation to the exercise of the Authority's powers.
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(2) In deciding whether to exercise any of the powers of the Authority, or the manner in which to exercise any such powers, a body or person shall have regard to any guidance issued under subsection (1) above.
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(3) Any guidance issued by the Secretary of State under subsection (1) above shall be published by him in such manner as he considers appropriate.
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| General power of the Authority. |
27. - (1) The Authority shall have power to do anything which the Mayor considers will further the purpose mentioned in section 25(1) above.
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(2) The power of the Authority under subsection (1) above is exercisable by the Mayor.
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(3) The Authority shall not by virtue of subsection (1) above incur expenditure in doing anything which may be done by a functional body other than the London Development Agency.
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(4) In determining whether to exercise the power conferred by subsection (1) above the Mayor shall seek to secure that the Authority does not incur expenditure in doing anything which is being done by the London Development Agency.
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(5) The Authority shall not by virtue of subsection (1) above incur expenditure in providing-
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(b) any education services, |
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(c) any social services, or |
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in any case where the provision in question may be made by a London borough council, the Common Council or any other public body.
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(6) Any reference in subsection (5) above to the provision of housing-
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(a) includes a reference to the management of housing; but |
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(b) does not include a reference to the acquisition by the Authority of existing housing accommodation and the making of that accommodation available on a temporary basis for the purpose of the Authority or for purposes incidental to that purpose. |
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(7) Any reference in subsection (5) above to the provision of social services is a reference to the exercise of-
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(a) any function under any enactment for the time being specified in Schedule 1 to the Local Authority Social Services Act 1970, or |
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(b) any function for the time being designated by an order made by the Secretary of State under section 2(2) of that Act as being appropriate for discharge through a local authority's social services committee. |
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(8) Any reference in subsection (5) above to the provision of health services does not include a reference to the provision of such services for members of staff of the Authority.
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(9) Nothing in subsections (3) to (8) above shall be taken to prevent the Authority incurring expenditure in co-operating with, or facilitating or co-ordinating the activities of, the bodies mentioned in those subsections.
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(10) The Secretary of State may by order amending this section make further provision for preventing the Authority from doing by virtue of subsection (1) above anything-
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(a) which may be done by a London borough council, the Common Council or a public body, and |
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(b) which is specified, or is of a description specified, in the order. |
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(11) The Secretary of State may by order impose limits on the expenditure which may be incurred by the Authority by virtue of subsection (1) above.
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