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Clause 43: The Board's expenditure: transfer of powers and other provisions.
108. Subsection (1) amends section 14 of the 1965 Act. Section 14 stipulates that the approval of the Secretary of State and the Corporation of London are needed before monies received from, for example, donations may be used for any purpose other than to meet general administrative expenses of the collections. The amendments in subsection (1) substitute the Authority for the Secretary of State.
109. Subsection (3) amends section 15(1) of the 1965 Act, which stipulates that the Board of the Museum will be required, from time to time, to submit estimates of future expenditure to the Secretary of State and the City of London Corporation. The amendment in subsection (3) substitutes the Authority for the Secretary of State.
110. Subsection (4) amends section 15(2) of the 1965 Act. This sets out the mechanism by which expenditure incurred by the Museum is to be defrayed. The amendments substitute the Authority for the Secretary of State. They also allow for the Authority to make payments directly to the Museum, instead of simply reimbursing the Corporation under subsection (3) of section 15.
111. Subsection (5) sets out substitute provisions for section 15(3) of the 1965 Act, which stipulates that the Secretary of State must pay the Corporation of London one half of the monies paid by the Corporation to the Museum under section 15(2). The new subsections (3) and (4) maintain the position that the Corporation and the Authority are each liable for half the expenditure of the Museum (subject to agreement about an alternative proportion in relation to particular expenses) but take into account the fact that the Authority may make payments under subsection (2) directly to the Museum.
Clause 44: Transfer of other powers relating to the Museum
112. Subsection (1) amends section 3(4) of the 1965 Act. This section requires the Museum to seek the consent of the Secretary of State and the City of London Corporation before disposing of any land or interest in land. The amendments replace references to the Secretary of State with references to the Authority.
113. Subsection (2) amends subsections (1), (3) and (4) of section 9 of the 1965 Act. This section gives the Board of the Museum the power to appoint a Director and other staff, subject to the consent of the Secretary of State and the City of London Corporation, and on terms and conditions approved by the Secretary of State and the Corporation. The amendments in subsection (2) replace references to the Secretary of State with references to the Authority.
Clause 45: Repeal of section 5 of the Museum of London Act 1986
114. Clause 45 repeals section 5 of the 1986 Act. This section requires the Secretary of State to lay a report on the exercise of the functions of the Board of Governors of the Museum of London before each House of Parliament every three years. As the Government will no longer be directly accountable for the use of public funds by the Museum of London, this section will not be required.
Miscellaneous
Clause 46: The Mayor's culture strategy: consultation
115. Section 376 of the Act requires the Mayor of London to prepare and publish a culture strategy. A draft of the strategy is to be prepared by the Cultural Strategy Group for London. The Mayor is also required to consult certain bodies in revising the Cultural Strategy (section 42), but not where he considers that the revision will not materially alter the strategy in question (section 42(6)).
116. This clause amends section 376. As amended, that section will require:
- the Cultural Strategy Group for London to consult the bodies listed in the new subsection (10) (see subsection (5) of clause 46) when proposing revisions to the Cultural Strategy, and
- the Cultural Strategy Group for London to consult these bodies when consulted by the Mayor if he makes revisions other than those proposed by the Group
The clause also gives the Secretary of State a power to amend the list of bodies to be consulted.
Clause 47: The Mayor's duty to exercise certain powers of appointment
117. The Mayor is expected to gain certain rights of appointment of board members of the London Regional Council of Arts Council England; English Sports Council London Regional Sports Board; and Archives, Libraries & Museums London. It is expected that these new appointment powers will be given to the Mayor by amendment of the Royal Charters of the Arts Council England and the English Sports Council and of the Articles of Association of Archives, Libraries and Museums London and the Museums, Libraries and Archives Council.
118. Clause 47 inserts a new section 377A into the Act. This new section imposes a duty on the Mayor to exercise appointment rights he has been granted as soon as reasonably practicable after he has received a request in writing from bodies
prescribed by the Secretary of State. Prescribed bodies must have functions relating to sport, culture or the arts. Section 377A also gives the Secretary of State a power to amend the list of prescribed bodies.
PART 10: MISCELLANEOUS AND GENERAL
Clause 48: Common provision of administrative, professional and technical services
119. This clause inserts a new section 401A into the Act. This relates to administrative, professional or technical services - what might be called "back office" services. The new section enables each of the "constituent bodies" (that is, the Authority and the four functional bodies) to provide, or to receive, such services to or from any of the others. It also enables those bodies to share such functions by establishing joint committees.
PART 11: SUPPLEMENTARY PROVISIONS
Clause 49: Orders
120. This clause provides that any power conferred on the Secretary of State to make an order is exercisable by statutory instrument. The only such power in the Bill is the power to bring its provisions into force. The subordinate legislation may make different provision for different cases. It may make incidental, consequential, supplemental and transitional provision or savings, including power to amend any enactment (whenever passed or made). The clause provides that any order which amends any enactment is subject to annulment in pursuance of a resolution of either House of Parliament (unless, by virtue of some other provision, it is subject to the affirmative procedure instead).
Clause 50: Directions
121. Clause 50 provides that any directions given under the Bill must be in writing. It provides that a power of direction conferred by the Bill includes power to vary or revoke the direction.
Clause 51: Financial Provisions
122. This clause provides for any expenditure incurred by a Minister of the Crown or government department, under or attributable to the provisions of the Bill, to be paid out of money provided by Parliament.
Clause 52: Repeals
123. Clause 52 introduces Schedule 2, which contains repeals of certain provisions in the Act and the Museum of London Act 1986. All the repeals are consequential upon the provisions in the Bill.
Clause 53: Interpretation
124. This clause defines certain abbreviations and terms used in the Bill.
Clause 54: Short title, citation, commencement and extent
125. This clause sets out the short title of the Bill and provides for the Bill, when enacted, and the Greater London Authority Act 1999 to be cited together as the Greater London Authority Acts 1999 and 2007. The clause also determines the extent of the Bill.
CONCLUDING SECTIONS
Financial Effects of the Bill
126. The Bill entails changes in how strategic functions and services are delivered in London, providing the Authority with additional powers by:
- devolving powers from central Government to the regional tier (the Authority);
- granting new, additional powers to the Mayor and Assembly; or
- strengthening the Mayor's influence over certain borough functions including, in the specific case of development control (planning) transferring functions from the London boroughs to the Authority.
127. The Bill will not create a significant charge on public funds. The Authority is taking on new functions and powers either without any additional funding (by agreement between Government and the Authority) or with a transfer in funding under new burdens principles. Funding for the Authority for the three-year period from 2008-09, including funding for any additional functions the Authority may assume as a result of the Bill, will be determined as part of the Government's 2007 Comprehensive Spending Review.
Effects of the Bill on public sector manpower
128. We anticipate no significant impact on public service manpower. There are no tax implications.
The Regulatory Impact Assessment
129. A regulatory impact assessment (RIA) of the Bill's provisions has been published alongside this Bill. It can be read on the DCLG website at: www.communities.gov.uk/glapowers
European Convention on Human Rights
130. Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act).
Ruth Kelly, the Secretary of State for Communities and Local Government, has made the following statement: "In my view the provisions of the Greater London Authority Bill are compatible with the Convention rights."
131. The proposals in Part 7 relating to the determination of planning applications and for making provision for enforcement of planning permissions and "connected applications" engage Article 6(1) (fair trial), Article 8 (respect for family and private life) and Article 1 of the First Protocol (protection of property).
132. In relation to applications of potential strategic importance determined by the Mayor, the Mayor will be in the same position as the local planning authority would have been if they had determined the application. The existing right of appeal under section 78 and the right to apply to the court under section 288 will remain.
133. Similarly, where, under secondary legislation made under the Bill provision is made for the Mayor to enforce the terms of permissions, the Mayor will be in the same position as the local planning authority under the Town and Country Planning Act 1990. The intention is that both the Mayor and the local planning authority will be able to take enforcement action. There will be equivalent rights of appeal and challenge.
134. The enforcement provisions that currently apply to local planning authorities and that will be applied by secondary legislation to the Mayor are necessary in order to ensure an effective planning system and are proportionate in that they strike a fair balance between the rights of the developer as against the need to enforce planning control.
135. Consequently, the Department considers that the proposals in Part 7 relating to planning control and enforcement are compatible with Article 6, Article 8 and Article 1 of the First Protocol to the Convention.
136. It is not considered that the other provisions in Part 7 raise issues of compatibility with Convention rights.
Commencement
137. Most of the provisions in the Bill will be brought into force on a day or days to be appointed by the Secretary of State, by order. It is intended that Part 11, other than clause 52 and Schedule 2 (Repeals), will come into force on Royal Assent, including the power to make regulations or orders under or by virtue of the Bill. Clauses 28 and 42 are intended to come into force two months after Royal Assent.
ANNEX A
Glossary
The Authority The Greater London Authority
DCLG Department for Communities and Local Government
ECHR European Convention on Human Rights
LDA London Development Agency
LDD Local Development Document
LDS Local Development Scheme
LFEPA London Fire and Emergency Planning Authority
MPA Metropolitan Police Authority
RIA Regulatory Impact Assessment
TfL Transport for London
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