Localism Bill

House of Commons

Session 2010 - 11
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Localism Bill

Localism Bill
Part 7 — London
Chapter 2 — Mayoral development corporations
147

165
Power to make consequential etc provision
(1)
The Secretary of State may by order make such consequential provision or such
transitory or transitional provision or savings as the Secretary of State
considers appropriate for the purposes of or in consequence of this Chapter.
(2)
The provision that may be made under subsection (1) includes, in particular—
5
(a)
provision for things done (or having effect as if done) by or in relation
to a predecessor to have effect as if done by or relation to a successor;
(b)
provision about the continuation by, on behalf of or in relation to a
successor of things (including legal proceedings) in the process of being
done by, on behalf of or in relation to a predecessor;
10
(c)
provision for references to a predecessor in an instrument or other
document to be treated as references to a successor.
(3)
In subsection (2)—
“predecessor” means a person from whom property, rights or liabilities
may be transferred by a scheme under section 161(1) or 162(2);
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“successor” means a person to whom property, rights or liabilities may be
transferred by a scheme under section 161(1) or 162(2).
166
Consequential amendments
(1)
Schedule 19 (housing and regeneration: consequential amendments) has effect.
(2)
Schedule 20 (amendments in consequence of the abolition of the London
20
Development Agency) has effect.
Chapter 2
Mayoral development corporations
Introductory
167
Interpretation of Chapter
25
In this Chapter—
“the Mayor” means the Mayor of London;
“MDC” means a Mayoral development corporation (see section 169).
Establishment and areas
168
Designation of Mayoral development areas
30
(1)
The Mayor may designate any area of land in Greater London as a Mayoral
development area.
(2)
Separate parcels of land may be designated as one Mayoral development area.
(3)
The Mayor may designate a Mayoral development area only if—
(a)
the Mayor considers that designation of the area is expedient for
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furthering any one or more of the Greater London Authority’s
principal purposes,

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Chapter 2 — Mayoral development corporations
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(b)
the Mayor has (whether before or after the passing of this Act)
consulted the persons specified by subsection (4),
(c)
the Mayor has had regard to any comments made in response by the
consultees, and
(d)
in the event that those comments include comments made by the
5
London Assembly that the Mayor does not accept, the Mayor has
published a statement giving the reasons for the non-acceptance.
(4)
The persons who have to be consulted before an area may be designated are—
(a)
the London Assembly,
(b)
each constituency member of the London Assembly whose Assembly
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constituency contains any part of the area,
(c)
each Member of Parliament whose parliamentary constituency
contains any part of the area,
(d)
each London borough council whose borough contains any part of the
area,
15
(e)
the Common Council of the City of London if any part of the area is
within the City,
(f)
the sub-treasurer of the Inner Temple if any part of the area is within
the Inner Temple,
(g)
the under treasurer of the Middle Temple if any part of the area is
20
within the Middle Temple, and
(h)
any other person whom the Mayor considers it appropriate to consult.
(5)
If the Mayor designates a Mayoral development area, the Mayor must—
(a)
publicise the designation,
(b)
notify the Secretary of State of the designation, and
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(c)
notify the Secretary of State of the name to be given to the Mayoral
development corporation for the area.
(6)
Section 30(2) of the Greater London Authority Act 1999 (interpretation of
references to the Authority’s principal purposes) applies for the purposes of
subsection (3)(a).
30
169
Mayoral development corporations: establishment
(1)
Subsection (2) applies if the Secretary of State receives notification under
section 168(5) of the designation of a Mayoral development area.
(2)
The Secretary of State must by order—
(a)
establish a corporation for the area,
35
(b)
give the corporation the name notified to the Secretary of State by the
Mayor, and
(c)
give effect to any decisions notified under section 173(8) (decisions
about planning functions, but see also sections 170(4) and 185(6) as
regards other decisions to which effect has to be given).
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(3)
A corporation established under subsection (2) is a Mayoral development
corporation.
(4)
A Mayoral development corporation is a body corporate having the name
given to it by the order establishing it.

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(5)
In exercising power under subsection (2) to make provision of the kind
mentioned in section 201(2)(b), the Secretary of State is to have regard to any
relevant representations received from the Mayor.
(6)
Schedule 21 (further provision about MDCs) has effect.
170
Exclusion of land from Mayoral development areas
5
(1)
The Mayor may alter the boundaries of a Mayoral development area so as to
exclude any area of land.
(2)
Before making an alteration, the Mayor must consult—
(a)
the London Assembly, and
(b)
any other person whom the Mayor considers it appropriate to consult.
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(3)
If the Mayor makes an alteration, the Mayor must—
(a)
publicise the alteration,
(b)
notify the Secretary of State of the alteration, and
(c)
notify the MDC for the area (if an MDC has been established for that
area).
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(4)
If the Secretary of State receives notification under subsection (3) of an
alteration, the Secretary of State must give effect to the alteration—
(a)
when making the order under section 169(2) that establishes an MDC
for the Mayoral development area concerned, or
(b)
by exercising the power to amend that order (see section 14 of the
20
Interpretation Act 1978).
171
Transfers of property etc to a Mayoral development corporation
(1)
The Secretary of State may at any time make a scheme transferring to an MDC
property, rights and liabilities of a person within subsection (3).
(2)
Before making a scheme under subsection (1), the Secretary of State must
25
consult—
(a)
the person whose property, rights or liabilities would be transferred,
and
(b)
the Mayor.
(3)
A person is within this subsection if the person is—
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(a)
a London borough council,
(b)
the Common Council of the City of London in its capacity as a local
authority,
(c)
the Homes and Communities Agency,
(d)
a development corporation established under the New Towns Act 1981
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for a new town all or part of whose area is in Greater London,
(e)
an urban development corporation for an urban development area all
or part of which is in Greater London,
(f)
the Olympic Delivery Authority,
(g)
any company, or other body corporate, which is a wholly-owned
40
subsidiary of the Olympic Delivery Authority,
(h)
any company, or other body corporate, which—
(i)
is a subsidiary of the Olympic Delivery Authority, and
(ii)
is a subsidiary of at least one other public authority, and

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(iii)
is not a subsidiary of any person who is not a public authority,
(i)
a Minister of the Crown or a government department,
(j)
any company all the shares in which are held by a Minister of the
Crown, or
(k)
any company whose members—
5
(i)
include the Mayor and a Minister of the Crown, and
(ii)
do not include anyone who is neither the Mayor nor a Minister
of the Crown.
(4)
The Mayor may at any time make a scheme transferring to an MDC property,
rights and liabilities of—
10
(a)
the Greater London Authority, or
(b)
a functional body other than that MDC.
(5)
The Mayor must publish a scheme under subsection (4) as soon after it is made
as is reasonably practicable.
(6)
The Secretary of State may by order specify another person, or a description of
15
other persons, from whom property, rights or liabilities may be transferred
under subsection (1) or (4).
(7)
In subsection (2)(g) “wholly-owned subsidiary” has the meaning given by
section 1159 of the Companies Act 2006.
(8)
For the purposes of subsection (2)(h) and paragraph (b) of this subsection, a
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body corporate (“C”) is a “subsidiary” of another person (“P”) if—
(a)
P, or P’s nominee, is a member of C, or
(b)
C is a subsidiary of a body corporate that is itself a subsidiary of P.
(9)
In this section—
“functional body” has the meaning given by section 424(1) of the Greater
25
London Authority Act 1999;
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975;
“public authority” means a public body or a Minister of the Crown or
other holder of a public office;
30
“urban development corporation” means a corporation established by an
order under section 135 of the Local Government, Planning and Land
Act 1980.
Object and main power
172
Object and powers
35
(1)
The object of a MDC is to secure the regeneration of its area.
(2)
An MDC may do anything it considers appropriate for the purposes of its
object or for purposes incidental to those purposes.
(3)
In this section “specific power”, in relation to an MDC, means any of the
MDC’s powers other than its powers under subsection (2).
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(4)
An MDC’s specific powers are to be exercised for the purposes of its object or
for purposes incidental to those purposes.

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(5)
Each of an MDC’s specific powers may be exercised separately or together
with, or as part of, another of its specific powers.
(6)
None of an MDC’s specific powers limits the scope of its other specific powers.
(7)
None of an MDC’s specific powers limits the scope of its powers under
subsection (2).
5
(8)
But—
(a)
subsections (4) and (5) do not apply to an MDC in its capacity as a local
planning authority as a result of decisions under section 173 or in its
exercise of other functions as a result of decisions under that section,
and
10
(b)
the powers conferred by subsection (2) must not be used to override a
restriction imposed on the exercise of a specific power.
Planning and infrastructure functions
173
Functions in relation to Town and Country Planning
(1)
Subsections (2) to (4) apply if the Mayor designates a Mayoral development
15
area.
(2)
The Mayor may decide that the MDC for the area (“the MDC”) is to be the local
planning authority, for the whole or any portion of the area, for the purposes
of any one or more of the following—
(a)
Part 3 of the Town and Country Planning Act 1990,
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(b)
Part 2 of the Planning and Compulsory Purchase Act 2004,
(c)
Part 3 of that Act, and
(3)
The Mayor may decide that the MDC is to have, in the whole or any portion of
the area, the functions conferred on the local planning authority by the
provisions mentioned in Part 1 of Schedule 29 to the Local Government,
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Planning and Land Act 1980.
(4)
The Mayor may decide that the MDC is to have, in the whole or any portion of
the area, the functions conferred on the relevant planning authority by
Schedule 8 to the Electricity Act 1989 so far as applying to applications for
consent under section 37 of that Act.
30
(5)
If the Mayor makes a decision under subsection (3), the Mayor may decide that
the provisions specified in Part 2 of Schedule 29 to the Local Government,
Planning and Land Act 1980 are to have effect, in relation to land in the whole
or any portion of the area and to the MDC, subject to the modifications
specified in that Part of that Schedule.
35
(6)
The Mayor may, at any time before the order establishing the MDC is made,
decide that a decision under any of subsections (2) to (5) (whether as originally
made or as varied under this subsection) should be subject to variations
specified in the decision under this subsection.
(7)
The Mayor may make a decision under any of subsections (2) to (6) only if—
40
(a)
the Mayor has consulted the persons specified by section 168(4) in
relation to the area,
(b)
the Mayor has had regard to any comments made in response by the
consultees, and

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(c)
in the event that those comments include comments made by the
London Assembly that the Mayor does not accept, the Mayor has
published a statement giving the reasons for the non-acceptance.
(8)
If the Mayor makes a decision under any of subsections (2) to (6), the Mayor
must—
5
(a)
publicise the decision, and
(b)
notify the Secretary of State of the decision.
(9)
A decision under subsection (2), or a decision under subsection (5) varying a
decision under subsection (2), may make different provision for different
portions of the area.
10
(10)
For the purposes of subsection (6) “variation”, in relation to a decision, includes
a variation that involves—
(a)
revocation of all or part of the decision, or
(b)
substitution of something new for all or part of the decision, including
substitution of something wholly unlike what it replaces.
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174
Arrangements for discharge of, or assistance with, planning functions
(1)
Where an MDC, as a result of being the local planning authority for purposes
of Part 3 of the Town and Country Planning Act 1990 in relation to any area,
has functions in place of a London borough council or the Common Council of
the City of London, the MDC may make arrangements for the discharge of any
20
of those functions by that council.
(2)
Where arrangements are in force under subsection (1) for the discharge of any
functions of an MDC by a council—
(a)
that council may arrange for the discharge of those functions by a
committee, sub-committee or officer of the council, and
25
(b)
section 101(2) of the Local Government Act 1972 (delegation by
committees and sub-committees) applies in relation to those functions
as it applies in relation to the functions of that council.
(3)
Arrangements under subsection (1) for the discharge of any functions do not
prevent the MDC from exercising those functions.
30
(4)
Subsection (5) applies where an MDC, as a result of being the local planning
authority for purposes of Part 2 or 3 of the Planning and Compulsory Purchase
Act 2004 in relation to any area, has functions in place of a London borough
council or the Common Council of the City of London.
(5)
The MDC may seek from that council, and that council may give, assistance in
35
connection with the MDC’s discharge of any of those functions.
175
Removal or restriction of planning functions
(1)
This section applies if an order establishing an MDC (“the MDC”) has been
made.
(2)
The Mayor may decide in relation to a function conferred on the MDC as a
40
result of a decision under section 173(2) or (3)—
(a)
that the MDC is to cease to have the function, whether in all respects or
in respects specified in the decision, or

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(b)
that the exercise of the function by the MDC is to be subject to
restrictions specified in the decision.
(3)
If the Mayor makes a decision under subsection (2) (“the new decision”), the
Mayor may decide that any provision made under section 169(2) in
consequence of a decision under section 173(4) should, in consequence of the
5
new decision, be amended or revoked as specified in the decision under this
subsection.
(4)
A reference in subsection (2) or (3) to a decision under a provision of section
173 is, where that decision has been varied (whether once or more than once)
under section 173(5), a reference to that decision as varied.
10
(5)
If the Mayor makes a decision under subsection (2) or (3), the Mayor must—
(a)
publicise the decision, and
(b)
notify the Secretary of State of the decision.
(6)
The Secretary of State must give effect to a decision notified under subsection
(5) by exercising the power to amend the order under 169(2) that establishes the
15
MDC (see section 14 of the Interpretation Act 1978).
176
Powers in relation to infrastructure
(1)
An MDC may provide infrastructure.
(2)
An MDC may facilitate the provision of infrastructure.
(3)
In this section “provide” includes provide by way of acquisition, construction,
20
conversion, improvement or repair (and “provision” is to be read in the same
way).
(4)
In this section “infrastructure” means—
(a)
water, electricity, gas, telecommunications, sewerage or other services,
(b)
roads or other transport facilities,
25
(c)
retail or other business facilities,
(d)
health, educational, employment or training facilities,
(e)
social, religious or recreational facilities,
(f)
cremation or burial facilities, and
(g)
community facilities not falling within paragraphs (a) to (f).
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Land functions
177
Powers in relation to land
(1)
An MDC may regenerate or develop land.
(2)
An MDC may bring about the more effective use of land.
(3)
An MDC may provide buildings or other land.
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(4)
An MDC may carry out any of the following activities in relation to land—
(a)
acquiring, holding, improving, managing, reclaiming, repairing or
disposing of buildings, other land, plant, machinery, equipment or
other property,
(b)
carrying out building and other operations (including converting or
40
demolishing buildings), and