Localism Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

Localism Bill (Volume I)
Part 7 — London
Chapter 3 — Greater London Authority governance
161

(2)
The Mayor may vary or revoke a relevant consent except in the case of
anything already done, or agreed to be done, on the authority of it.
(3)
A variation or revocation under subsection (2) does not have effect until the
Mayor has served notice of it on the person to whom the relevant consent was
given.
5
(4)
In this section “relevant consent” means a consent of the Mayor required under
this Chapter.
193
Consequential and other amendments
Schedule 22 (Mayoral development corporations: consequential and other
amendments) has effect.
10
Chapter 3
Greater London Authority governance
194
Delegation of functions by Ministers to the Mayor
(1)
The Greater London Authority Act 1999 is amended as follows.
(2)
After section 39 insert—
15
“Delegation to Mayor of Ministers’ functions
39A
Delegation by Ministers
(1)
A Minister of the Crown may, to such extent and subject to such
conditions as that Minister thinks fit, delegate to the Mayor any of that
Minister’s eligible functions.
20
(2)
A function is eligible for the purposes of subsection (1) above if—
(a)
it does not consist of a power to make regulations or other
instruments of a legislative character or a power to fix fees or
charges, and
(b)
the Secretary of State considers that it can appropriately be
25
exercised by the Mayor.
(3)
No delegation under subsection (1) above, and no variation of a
delegation under subsection (1) above, may be made without the
agreement of the Mayor.
(4)
A delegation under subsection (1) above may be revoked at any time by
30
any Minister of the Crown.
(5)
Section 38 above does not apply in relation to functions delegated
under subsection (1) above.”
(3)
In section 409 (schemes for the transfer of property, rights and liabilities)—
(a)
after subsection (1) (Ministers may make schemes transferring property
35
etc of the Crown) insert—
“(1A)
A Minister of the Crown may make a scheme for the transfer
from the Authority to the Crown of such property, rights or
liabilities as the Minister of the Crown may consider

Localism Bill (Volume I)
Part 7 — London
Chapter 3 — Greater London Authority governance
162

appropriate in consequence of the revocation of a delegation
under section 39A(1) above of a function of any Minister of the
Crown.”, and
(b)
in subsections (6) and (7) (provision that may be included in scheme
under subsection (1) or (2)) after “subsection (1)” insert “, (1A)”.
5
195
The London Environment Strategy
(1)
Before section 352 of the Greater London Authority Act 1999 insert—
“The Mayor’s Environment Strategy for London
351A
The London Environment Strategy
(1)
The Mayor shall prepare and publish a document to be known as the
10
“London Environment Strategy” (“the Strategy”).
(2)
The Strategy must contain a general assessment by the Mayor of the
environment in Greater London, so far as relevant to the functions of
the Authority or of the Mayor.
(3)
The Strategy must contain provisions dealing with the Mayor’s policies
15
and proposals in relation to each of the following matters in relation to
Greater London—
(a)
biodiversity;
(b)
municipal waste management;
(c)
climate change mitigation and energy;
20
(d)
adaptation to climate change;
(e)
air quality; and
(f)
ambient noise.
(4)
The provisions of the Strategy dealing with a matter specified in a
paragraph of subsection (2) must also contain anything required to be
25
included in them by any other provision of this Act.
(5)
The Strategy may also include provisions dealing with the Mayor’s
policies and proposals in relation to any other matter relating to the
environment in Greater London.
(6)
In preparing or revising the provisions of the Strategy dealing with a
30
matter mentioned in subsection (3), the Mayor’s duty under section
42(1)(e) applies as if it were a duty to consult any person or body whom
the Mayor considers it appropriate to consult in relation to those
provisions (and section 42(2) applies accordingly).
(7)
Where the Strategy is revised, the Mayor must publish it as revised.
35
(8)
In this Act references to the London Environment Strategy include,
unless the context otherwise requires, a reference to the Strategy as
revised.
351B
Guidance
(1)
The Secretary of State may give to the Mayor guidance—
40
(a)
about the content of the London Environment Strategy;
(b)
in relation to the preparation or revision of that Strategy.

Localism Bill (Volume I)
Part 7 — London
Chapter 3 — Greater London Authority governance
163

(2)
The guidance that may be given under subsection (1)(a) includes
guidance as to matters which the Secretary of State considers the Mayor
should, or should not, consider dealing with by formulating policies
and proposals under section 351A(5).
(3)
The guidance that may be given under subsection (1)(b) includes—
5
(a)
guidance specifying or describing the bodies or persons whom
the Secretary of State considers the Mayor should consult in
preparing or revising the London Environment Strategy or, as
the case may be, the provisions dealing with a matter specified
in the guidance;
10
(b)
guidance as to the evidence of environmental change or its
consequences, or the predictions of environmental change or its
consequences, to which the Secretary of State considers the
Mayor should have regard in preparing or revising that
Strategy or, as the case may be, the provisions dealing with a
15
matter specified in the guidance.
(4)
In preparing or revising the London Environment Strategy the Mayor
must have regard to any relevant guidance given under this section.
351C
Directions as to the content of the London Environment Strategy
(1)
Where the Secretary of State considers that any of the conditions
20
specified in subsection (2) is satisfied in relation to any provisions of the
London Environment Strategy, the Secretary of State may give the
Mayor a direction as to the content of those provisions.
(2)
The conditions are—
(a)
that the provisions are inconsistent with any policies
25
announced by Her Majesty’s government with respect to the
matters to which they relate and the inconsistency would have
a detrimental effect on achieving any of the objectives of those
policies;
(b)
that the provisions or their implementation are likely to be
30
detrimental to any area outside Greater London;
(c)
that the provisions are inconsistent with any EU obligation of
the United Kingdom.
(3)
A direction under this section may require the Mayor to make specified
revisions of the London Environmental Strategy.
35
(4)
The power of the Secretary of State to give a direction under this section
may only be exercised after consultation with the Mayor.
(5)
Where the Secretary of State gives a direction under this section, the
Mayor must comply with the direction.”
(2)
Schedule 23 (which contains minor and consequential amendments to the
40
Greater London Authority Act 1999 relating to the London Environment
Strategy) has effect.
196
Abolition of Mayor’s duty to prepare state of the environment reports
Section 351 of the Greater London Authority Act 1999 (which provides for
four-yearly reports by the Mayor on the environment in Greater London)
45
ceases to have effect.

Localism Bill (Volume I)
Part 7 — London
Chapter 3 — Greater London Authority governance
164

197
Mayoral strategies: general duties
(1)
Section 41 of the Greater London Authority Act 1999 (general duties of the
Mayor in relation to his strategies) is amended as follows.
(2)
In subsection (5)(a), for “and with such international obligations” substitute “,
with the EU obligations of the United Kingdom and with such other
5
international obligations of the United Kingdom”.
(3)
After subsection (9) insert—
“(9A)
In exercising any function the Mayor must have regard to any strategy
mentioned in subsection (1) which is relevant to the exercise of that
function.”
10
(4)
Subsection (10) ceases to have effect.
198
Simplification of the consultation process for the Mayor’s strategies
(1)
Section 42A of the Greater London Authority Act 1999 (which requires the
Mayor to follow a two stage process in preparing or revising a strategy to
which section 42 applies) ceases to have effect.
15
(2)
In section 335 of that Act (public participation in preparation of the spatial
development strategy)—
(a)
subsections (1) to (1B) cease to have effect,
(b)
in subsection (2), for the words from the beginning to “finally”
substitute “Before”, and
20
(c)
in subsection (3), after paragraph (a) insert—
“(aa)
the Assembly and the functional bodies;”.
199
London Assembly’s power to reject draft strategies
Before section 43 of the Greater London Authority Act 1999 (publicity and
availability of strategies) insert—
25
“42B
Assembly’s power to reject draft strategies
(1)
This section applies where the Mayor has prepared, and is ready to
publish, a draft of any of the strategies to which section 41 applies
(including a revised version of the strategy).
(2)
But this section does not apply to a revised version of a strategy
30
containing only revisions which—
(a)
are specified in a direction as to the contents of the strategy
which is given to the Mayor under this Act (or which the Mayor
considers are necessary in consequence of any revisions so
specified); or
35
(b)
are not so specified but the Mayor considers to be necessary to
comply with such a direction.
(3)
Before publishing the strategy (or, in the case of the housing strategy,
before submitting the draft to the Secretary of State) the Mayor must lay
a copy of the draft before the Assembly in accordance with the standing
40
orders of the Authority.

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Part 7 — London
Chapter 3 — Greater London Authority governance
165

(4)
The Mayor must not publish the strategy (or, in the case of the housing
strategy, submit the draft to the Secretary of State) if, within the period
of 21 days beginning with the day on which the copy is laid before the
Assembly, the Assembly resolves to reject the draft.
(5)
A motion for the Assembly to reject a draft strategy—
5
(a)
must be considered at a meeting of the Assembly throughout
which members of the public are entitled to be present; and
(b)
is not carried unless it is agreed to by at least two thirds of the
Assembly members voting.”
200
Transport for London: access to meetings and documents etc
10
(1)
Part 5A of the Local Government Act 1972 (access to meetings and documents)
is amended as follows.
(2)
Amend section 100J (application of Part 5A to bodies other than principal
councils) in accordance with subsections (3) to (6).
(3)
In subsection (1) (list of authorities treated as principal councils for the
15
purposes of the Part) after paragraph (bd) insert—
“(be)
Transport for London;”,
(4)
In subsection (3) (reference in section 100A(6)(a) to council’s offices includes
other premises at which meeting to be held) after “(bd),” insert “(be),”,
(5)
After subsection (3) insert—
20
“(3YA)
In its application by virtue of subsection (1)(be) above in relation to
Transport for London, section 100E(3) has effect as if for paragraph (bb)
there were substituted—
“(bb)
a committee of Transport for London (with
“committee”, in relation to Transport for London, here
25
having the same meaning as in Schedule 10 to the
Greater London Authority Act 1999); or”.
(6)
After subsection (4A) insert—
“(4AA)
In its application by virtue of subsection (1)(be) above in relation to
Transport for London, section 100G shall have effect—
30
(a)
with the substitution for subsection (1)(a) and (b) of—
“(a)
the name of every member of the council for the time
being; and
(b)
the name of every member of each committee or sub-
committee of the council for the time being.”, and
35
(b)
with the insertion in subsection (2)(b) after “exercisable” of
“, but not an officer by whom such a power is exercisable at least
partly as a result of sub-delegation by any officer”.”
(7)
In section 100K(1) (interpretation of Part 5A) in the definition of “committee or
sub-committee of a principal council” for “section 100J(3ZA)(b)” substitute
40
“section 100J(3YA), (3ZA)(b)”.

Localism Bill (Volume I)
Part 8 — General
166

Part 8
General
201
Orders and regulations
(1)
Any power of the Secretary of State or Welsh Ministers to make an order or
regulations under this Act is exercisable by statutory instrument.
5
(2)
Any power of the Secretary of State or Welsh Ministers to make an order or
regulations under this Act includes—
(a)
power to make different provision for different cases, circumstances or
areas, and
(b)
power to make incidental, supplementary, consequential, transitional
10
or transitory provision or savings.
(3)
The power under subsection (2)(a) includes, in particular, power to make
different provision for different authorities or descriptions of authority
(including descriptions framed by reference to authorities in particular areas).
(4)
Provision or savings made under subsection (2)(b) may take the form of
15
amendments, or revocations, of provisions of an instrument made under
primary legislation.
(5)
The generality of the power under subsection (2)(a) is not to be taken to be
prejudiced by any specific provision of this Act authorising differential
provision.
20
(6)
The Secretary of State may not make an order or regulations to which
subsection (7) applies unless a draft of the statutory instrument containing the
order or regulations (whether alone or with other provisions) has been laid
before, and approved by a resolution of, each House of Parliament.
(7)
This subsection applies to—
25
(a)
an order under section 5(3), other than one that is made only for the
purpose mentioned in section 6(5);
(b)
an order under section 5(4), other than one that is made only for that
purpose or for imposing conditions on the doing of things for a
commercial purpose;
30
(c)
regulations under section 53 or 66(9);
(d)
an order under section 71(4) or 80(7);
(e)
regulations under section 84;
(f)
an order under section 86(2) or 87(6);
(g)
an order or regulations under section 202 which amend or repeal a
35
provision of an Act otherwise than in consequence of provision made
by or under section 97.
(8)
The Secretary of State may not make—
(a)
regulations under section 97, or
(b)
an order or regulations under section 202 which amend or repeal a
40
provision of an Act in consequence of provision made by or under
section 97,

unless a draft of the statutory instrument containing the regulations or order
has been laid before, and approved by a resolution of, the House of Commons.
(9)
A statutory instrument that—
45

Localism Bill (Volume I)
Part 8 — General
167

(a)
contains an order or regulations made by the Secretary of State under
this Act,
(b)
is not subject to any requirement that a draft of the instrument be laid
before, and approved by a resolution of, each House of Parliament, and
(c)
is not subject to any requirement that a draft of the instrument be laid
5
before, and approved by a resolution of, the House of Commons,

is subject to annulment in pursuance of a resolution of either House of
Parliament.
(10)
Subsection (9) does not apply to—
(a)
an order under section 5(1) (but see section 6),
10
(b)
an order under section 5(2) which (in reliance on section 6(4)) is made
in accordance with sections 15 to 19 of the Legislative and Regulatory
Reform Act 2006 as applied by section 6(3), or
(c)
an order under section 206.
(11)
The Welsh Ministers may not make—
15
(a)
an order or regulations under section 202 which amend or repeal a
provision of legislation,
(b)
an order under section 71(4) or 80(7),
(c)
regulations under section 84, or
(d)
an order under section 86(4) or 87(6),
20

unless a draft of the statutory instrument containing the order or regulations
(whether alone or with other provisions) has been laid before, and approved
by a resolution of, the National Assembly for Wales.
(12)
A statutory instrument that—
(a)
contains an order or regulations made by the Welsh Ministers under
25
this Act, and
(b)
is not subject to any requirement that a draft of the instrument be laid
before, and approved by a resolution of, the National Assembly for
Wales,

is subject to annulment in pursuance of a resolution of the National Assembly
30
for Wales.
(13)
In this section “legislation” means—
(a)
an Act, or
(b)
a Measure or Act of the National Assembly for Wales.
202
Power to make further consequential amendments
35
(1)
The appropriate authority may by order or regulations make such provision
amending, repealing or revoking legislation as the appropriate authority
considers appropriate in consequence of any provision made by or under this
Act.
(2)
In subsection (1) “appropriate authority”—
40
(a)
in relation to sections 13, 27, 28, 35, 36, 71 to 88, 124 and 125, and Parts
4, 5, 7, 8 and 20 of Schedule 24 and section 203 so far as relating to those
Parts, means—
(i)
the Secretary of State in relation to England, and
(ii)
the Welsh Ministers in relation to Wales,
45
(b)
in relation to section 65 means the Welsh Ministers, and