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| Subsidiary powers of the Authority. |
28. - (1) The Authority, acting by the Mayor, by the Assembly, or by both jointly, may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the Authority exercisable by the Mayor or, as the case may be, by the Assembly or by both acting jointly.
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(2) The Authority shall not by virtue of this section raise money (whether by precepts, borrowing or otherwise) or lend money, except in accordance with the enactments relating to those matters.
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Exercise of functions: general principles |
| Functions to belong to Authority but be exercisable by Mayor, Assembly or both. |
29. - (1) Any function transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed) shall, in accordance with the provisions of this Act, be exercisable-
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(a) only by the Mayor acting on behalf of the Authority; |
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(b) only by the Assembly so acting; or |
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(c) only by the Mayor and Assembly jointly so acting. |
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(2) Any function of the Authority which is not made exercisable by either the Mayor or the Assembly acting on behalf of the Authority shall be exercisable only by the Mayor and the Assembly acting jointly on behalf of the Authority.
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(3) Any function transferred to, or conferred or imposed on, the Mayor by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor acting on behalf of the Authority.
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(4) Any function transferred to, or conferred or imposed on, the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Assembly acting on behalf of the Authority.
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(5) Any function transferred to, or conferred or imposed on, the Mayor and the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor and Assembly acting jointly on behalf of the Authority.
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(6) Subsections (3) and (4) above are subject to subsection (5) above.
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(7) Any reference in this Act to-
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(a) functions of the Authority, |
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(b) functions of the Mayor, |
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(c) functions of the Assembly, or |
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(d) functions of the Mayor and Assembly, |
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shall be construed in accordance with the foregoing provisions of this section.
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(8) Subsections (1) to (7) above are subject to any express provision to the contrary in this Act.
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(9) Subsection (3) above is without prejudice to section 31 below and Schedule 4 to this Act.
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(10) This section is subject, in particular, to Part II of the Deregulation and Contracting Out Act 1994 (contracting out).
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| Discharge of functions during vacancy or temporary incapacity of Mayor. |
30. Schedule 4 to this Act shall have effect with respect to the discharge of functions during periods when-
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(a) there is a vacancy in the office of Mayor; or |
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(b) there is no such vacancy but the Mayor is unable to act in his office. |
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Functions exercisable by the Mayor |
| Delegation. |
31. - (1) Any function exercisable on behalf of the Authority by the Mayor shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
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(2) Those bodies and persons are-
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(b) any member of staff of the Authority; |
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(c) Transport for London; |
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(d) the London Development Agency; |
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(3) Subsection (1) above does not apply-
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(a) in relation to functions under this section; or |
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(b) in relation to any function of making appointments under subsection (1) of section 56 below (which, subject to the provisions of Schedule 4 to this Act, shall be exercisable only by the Mayor). |
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(4) Each of the following bodies, namely-
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(a) Transport for London, |
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(b) the London Development Agency, |
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shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
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(5) Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation given by the Mayor to a local authority by virtue of subsection (1) above as they apply to arrangements under that section between one local authority and another.
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(6) Section 101(5) of the Local Government Act 1972 (discharge of functions by two or more local authorities jointly) shall have effect so far as relating to functions which, in the case of the Authority, are exercisable by the Mayor as if the Authority acting through the Mayor were a local authority.
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(7) An authorisation under this section may be varied or revoked at any time by the Mayor.
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(8) Subject to earlier revocation under subsection (7) above, any authorisation under this section shall continue in effect until the beginning of the next term of office of any person as Mayor.
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(9) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
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| Contracting out. |
32. - (1) Part II of the Deregulation and Contracting Out Act 1994 (contracting out) shall be amended as follows.
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(2) In section 70 (functions of local authorities) in subsection (1)(b), after "section 56 of the Local Government (Scotland) Act 1973" there shall be inserted "or section 31 of the Greater London Authority Act 1999".
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(3) After subsection (5) of that section (which implies certain terms into arrangements under section 101 of the Local Government Act 1972 etc) there shall be inserted-
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"(6) Any reference in subsection (5) above to arrangements under section 101 of the Local Government Act 1972 includes a reference to an authorisation under section 31 of the Greater London Authority Act 1999."
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(4) In section 79(1) (interpretation of Part II) in the definition of "local authority", in paragraph (a), after "London borough council," there shall be inserted "the Greater London Authority acting through the Mayor of London,".
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