Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Part 7 — London
Chapter 1 — Housing and regeneration functions
143

(7)
Section 333D (duties of Homes and Communities Agency) is amended as
follows.
(8)
In the heading for “Homes and Communities Agency” substitute “the
Authority”.
(9)
In subsection (1) for the words from “Greater London” to “Agency” substitute
5
“housing or regeneration, the Authority”.
160
Modification to the Homes and Communities Agency’s functions
(1)
The Housing and Regeneration Act 2008 is amended as follows.
(2)
In section 2(2) (objects of the Homes and Communities Agency) before the
definition of “good design” insert—
10
““England” does not include Greater London;”.
(3)
Section 13 (power of Secretary of State to make designation orders) is amended
as follows.
(4)
In subsection (1) after “England” insert “outside Greater London”.
(5)
In subsection (6)—
15
(a)
after “England” insert “or”, and
(b)
omit the words from “, a London” to the end of the subsection.
(6)
In section 14(7) (content of designation orders) in paragraph (a) of the
definition of “relevant functions” omit the words from “, a London” to “of
London,”.
20
(7)
In section 26(2) (duty to act as agent in respect of regeneration and
development) after “England” insert “outside Greater London”.
(8)
In section 35(1)(b) (duty to give financial assistance in respect of certain
disposals) after “England” insert “outside Greater London”.
161
Transfer of property of Homes and Communities Agency etc
25
(1)
The Secretary of State may at any time make a scheme (a “transfer scheme”)
transferring the property, rights and liabilities of the Homes and Communities
Agency (“the HCA”) or the Secretary of State that are specified in the scheme
to—
(a)
the Greater London Authority,
30
(b)
a functional body,
(c)
the Secretary of State,
(d)
a London borough council, or
(e)
the Common Council of the City of London.
(2)
The Secretary of State may by order specify another person, or a description of
35
other persons, to whom property, rights or liabilities of the HCA or the
Secretary of State may be transferred by a transfer scheme.
(3)
In this section—
“functional body” has the meaning given by section 424(1) of the Greater
London Authority Act 1999;
40
“rights” and “liabilities” include rights, or (as the case may be) liabilities,
in relation to a contract of employment.

Localism Bill
Part 7 — London
Chapter 1 — Housing and regeneration functions
144

162
Abolition of London Development Agency and transfer of its property etc
(1)
The London Development Agency ceases to exist on the day on which this
subsection comes into force.
(2)
The Secretary of State may at any time make a scheme (a “transfer scheme”)
transferring the property, rights and liabilities of the London Development
5
Agency that are specified in the scheme to—
(a)
the Greater London Authority,
(b)
a functional body,
(c)
the Secretary of State,
(d)
a London borough council, or
10
(e)
the Common Council of the City of London.
(3)
Before making a transfer scheme, the Secretary of State must consult the Mayor
of London.
(4)
The Secretary of State may by order specify another person, or a description of
other persons, to whom property, rights or liabilities of the London
15
Development Agency may be transferred by a transfer scheme.
(5)
In this section—
“functional body” has the meaning given by section 424(1) of the Greater
London Authority Act 1999;
“rights” and “liabilities” include rights, or (as the case may be) liabilities,
20
in relation to a contract of employment.
163
Mayor’s economic development strategy for London
(1)
The Greater London Authority Act 1999 is amended as follows.
(2)
After section 333E (which is inserted by section 158) insert—
“Part 7B
25
Economic development
333F
Economic development strategy for London
(1)
The Mayor shall prepare and publish a document to be known as the
“Economic development strategy for London”.
(2)
The Economic development strategy for London is to contain—
30
(a)
the Mayor’s assessment of the economic conditions of Greater
London, and
(b)
the Mayor’s policies and proposals for the economic
development and regeneration of Greater London, including
the Mayor’s strategy for—
35
(i)
promoting business efficiency, investment and
competitiveness in Greater London,
(ii)
promoting employment in Greater London, and
(iii)
enhancing the development of skills relevant to
employment in Greater London.
40

The references in this subsection to Greater London include its rural
parts as well as its non-rural parts.

Localism Bill
Part 7 — London
Chapter 1 — Housing and regeneration functions
145

(3)
In preparing or revising the Economic development strategy for
London the Mayor must consult—
(a)
such persons as appear to the Mayor to represent employers in
Greater London, and
(b)
such persons as appear to the Mayor to represent employees in
5
Greater London.
(4)
Each of the functional bodies must in the exercise of any function have
regard to the Economic development strategy for London.
(5)
The Secretary of State may give guidance to the Mayor about the
exercise of the Mayor’s functions in relation to the Economic
10
development strategy for London with respect to—
(a)
the matters to be covered by that strategy or that strategy as
revised, and
(b)
the issues to be taken into account in preparing or revising that
strategy.
15
(6)
The issues mentioned in subsection (5)(b) above include issues relating
to any one or more of the following—
(a)
Greater London,
(b)
any area of England outside Greater London, and
(c)
any part of the United Kingdom outside England.
20
(7)
The Mayor is to have regard to any guidance given under subsection (5)
above.
(8)
Where the Secretary of State considers—
(a)
that the Economic development strategy for London (or any
part of it) is inconsistent with national policies, or
25
(b)
that the Economic development strategy for London or its
implementation is having, or is likely to have, a detrimental
effect on any area outside Greater London,

the Secretary of State may direct the Mayor to make such revisions of
the strategy as may be specified in the direction in order to remove the
30
inconsistency or, as the case may be, the detrimental effect or likely
detrimental effect.
(9)
Where the Secretary of State gives the Mayor a direction under
subsection (8) above, the Mayor must revise the Economic
development strategy for London in accordance with the direction.
35
(10)
Where the Mayor revises the Economic development strategy for
London in accordance with subsection (9) above, subsection (3) above
and section 42 above do not apply.
(11)
For the purposes of subsection (8) above “national policies” are any
policies of Her Majesty’s government which are available in a written
40
form and which—
(a)
have been laid or announced before, or otherwise presented to,
either House of Parliament, or
(b)
have been published by a Minister of the Crown.”
(3)
In section 41(1) (strategies to which section applies) for paragraph (b) (the
45

Localism Bill
Part 7 — London
Chapter 1 — Housing and regeneration functions
146

London Development Agency strategy) substitute—
“(b)
the Economic development strategy for London prepared and
published under section 333F below,”.
164
Transfer schemes: general provisions
(1)
In this section—
5
“transfer scheme” means a scheme under section 161(1) or 162(2);
“transferee”, in relation to a transfer scheme, means the person to whom
property, rights or liabilities are transferred by the scheme;
“transferor”, in relation to a transfer scheme, means the person from
whom property, rights or liabilities are transferred by the scheme.
10
(2)
The things that may be transferred under a transfer scheme include—
(a)
property, rights or liabilities that could not otherwise be transferred;
(b)
property acquired, and rights and liabilities arising, after the making of
the scheme.
(3)
A transfer scheme may make consequential, supplementary, incidental or
15
transitional provision and may in particular—
(a)
make provision for certificates issued by the Secretary of State to be
conclusive evidence that property has been transferred;
(b)
create rights, or impose liabilities, in relation to property or rights
transferred;
20
(c)
make provision about the continuing effect of things done (or having
effect as if done) by or in relation to the transferor in respect of anything
transferred;
(d)
make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in relation
25
to the transferor in relation to anything transferred;
(e)
make provision for references to the transferor in an instrument or
other document in respect of anything transferred to be treated as
references to the transferee;
(f)
make provision for the shared ownership or use of property;
30
(g)
provide for section 36(3)(c) of the London Olympic Games and
Paralympic Games Act 2006 to continue (until repealed) to apply to
land transferred to which it applied immediately before the transfer.
(4)
The Transfer of Undertakings (Protection of Employment) Regulations 2006
(S.I. 2006/246), as from time to time amended, apply to a transfer under a
35
transfer scheme where the transfer relates to rights or liabilities under a
contract of employment (whether or not it is a relevant transfer for the
purposes of those regulations).
(5)
A transfer scheme may provide—
(a)
for modifications by agreement;
40
(b)
for modifications to have effect from the date when the original scheme
came into effect.
(6)
In this section “rights” and “liabilities” include rights, or (as the case may be)
liabilities, in relation to a contract of employment.