Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill (Volume II)
Schedule 19 — Housing and regeneration: consequential amendments
363

55
In section 230(2) (pre-penalty warning) before paragraph (b) insert—
“(aa)
the Greater London Authority (if the pre-penalty warning is
given to a registered provider who owns land in Greater
London), and”
56
Before section 233 insert—
“232A
Notifying the Greater London Authority
If the regulator imposes a penalty on a registered provider who owns
land in Greater London, it must send a copy of the penalty notice to
the Greater London Authority.”
57
In section 242(3) (pre-compensation warning) before paragraph (b) insert—
“(aa)
the Greater London Authority (if the pre-compensation
warning is given to a registered provider who owns land in
Greater London), and”
58    (1)
Section 248 (supplemental provisions about management tenders) is
amended as follows.
      (2)
In subsection (4) before paragraph (b) insert—
“(aa)
the Greater London Authority (if the notice is given to a
registered provider who owns land in Greater London),”.
      (3)
In subsection (7) before paragraph (d) insert—
“(ca)
the Greater London Authority (if the notice is given to a
registered provider who owns land in Greater London),”.
      (4)
In subsection (8) before paragraph (b) insert—
“(aa)
in the case of a requirement imposed on a registered provider
who owns land in Greater London, to the Greater London
Authority, and”.
59    (1)
Section 250 (supplemental provisions about management transfer) is
amended as follows.
      (2)
In subsection (4) before paragraph (b) insert—
“(aa)
in the case of a notice given to a registered provider who
owns land in Greater London, the Greater London
Authority,”.
      (3)
In subsection (7) before paragraph (d) insert—
“(ca)
if the requirement would be imposed on a registered
provider who owns land in Greater London, the Greater
London Authority,”.
      (4)
In subsection (8) before paragraph (b) insert—
“(aa)
in the case of a requirement imposed on a registered provider
who owns land in Greater London, to the Greater London
Authority, and”.
60    (1)
Section 252 (supplemental provisions about about appointment of
managers) is amended as follows.
      (2)
In subsection (4) before paragraph (b) insert—
“(aa)
the Greater London Authority (if the notice is given to a
registered provider who owns land in Greater London), and”

Localism Bill (Volume II)
Schedule 20 — Abolition of London Development Agency: consequential amendments
364

      (3)
Before subsection (8) insert—
“(7A)
The regulator must notify the Greater London Authority of an
appointment or requirement under section 251(2) in respect of a
registered provider who owns land in Greater London.”
Schedule 20
Section 166

Abolition of London Development Agency: consequential amendments
Local Authorities (Goods and Services) Act 1970 (c. 39)
1
In section 1(4) of the Local Authorities (Goods and Services) Act 1970, in the
definition of “local authority” for “, Transport for London and the London
Development Agency” substitute “and Transport for London”.
Local Government Finance Act 1988 (c. 41)
2
In section 115(4A) of the Local Government Finance Act 1988 (duties as
regards reports under section 114)—
(a)
omit “the London Development Agency or”, and
(b)
for the words from “neither” to “shall” substitute “paragraph 7 of
Schedule 10 to the 1999 Act (delegation by Transport for London)
shall not”.
Audit Commission Act 1998 (c. 18)
3
In section 11(8A) of the Audit Commission Act 1998 (which prevents
delegation of duties under the section as regards reports etc)—
(a)
omit “the London Development Agency or”, and
(b)
for the words from “neither” to “shall” substitute “paragraph 7 of
Schedule 10 to the Greater London Authority Act 1999 (delegation by
Transport for London) shall not”.
Greater London Authority Act 1999 (c. 29)
4
The Greater London Authority Act 1999 is amended as follows.
5
In section 127(4) (“officers” in section 127(2)(b) includes, in the case of
Transport for London or the London Development Agency, its members) for
the words after “in the case of Transport for London” substitute “, includes
a reference to its members.”
6
In section 362(3)(b) (air quality strategy to contain information about
measures to be taken by the Authority, Transport for London and the
London Development Agency) for “, Transport for London and the London
Development Agency” substitute “and Transport for London”.
7
In section 380(10) (application of section 101 of the Local Government Act
1972) after paragraph (a) insert “or”.
London Olympic Games and Paralympic Games Act 2006 (c. 12)
8
In section 10(4) of the London Olympic Games and Paralympic Games Act

Localism Bill (Volume II)
Schedule 21 — Mayoral development corporations
365

2006 (matters to which regard to be had when Olympic Transport Plan being
prepared or revised) for paragraph (c) (the London Development Agency’s
strategy) substitute—
“(c)
the Economic development strategy for London prepared in
accordance with section 333F of that Act.”
Schedule 21
Section 168

Mayoral development corporations
Membership
1     (1)
A Mayoral development corporation (“MDC”) is to consist of such number
of members (being not less than six) as the Mayor of London (“the Mayor”)
may from time to time appoint.
      (2)
The Mayor must appoint one of the members of an MDC to chair the MDC.
      (3)
In appointing a person to be a member of an MDC, the Mayor—
(a)
must have regard to the desirability of appointing a person who has
experience of, and has shown some capacity in, a matter relevant to
the carrying-out of the MDC’s functions, and
(b)
must be satisfied that the person will have no financial or other
interest likely to affect prejudicially the exercise of the person’s
functions as member.
      (4)
The Mayor may require any person whom the Mayor proposes to appoint as
a member to provide such information as the Mayor considers necessary for
the purposes of sub-paragraph (3)(b).
Terms of appointment of members
2     (1)
Subject as follows, a member of an MDC holds and vacates office in
accordance with the member’s terms of appointment.
      (2)
A member may resign by serving notice on the Mayor.
      (3)
A person appointed to chair an MDC—
(a)
may resign that appointment, whether or not the person also resigns
from membership of the MDC, by serving notice on the Mayor;
(b)
ceases to hold that appointment if the person ceases to be a member
of the MDC.
      (4)
A person who—
(a)
ceases to be a member of an MDC, or
(b)
ceases to be the person appointed to chair an MDC,

is eligible for reappointment.
      (5)
The Mayor may remove a member of an MDC if—
(a)
the member has been absent from meetings of the MDC for more
than 3 months without the permission of the MDC,
(b)
the member has become bankrupt or has made an arrangement with
the member’s creditors,

Localism Bill (Volume II)
Schedule 21 — Mayoral development corporations
366

(c)
a debt relief order is made in respect of the member (see Part 7A of
the Insolvency Act 1986) or the member is a person in respect of
whom a debt relief restrictions order has effect (see Schedule 4ZB to
that Act), or
(d)
in the opinion of the Mayor, the member has failed to comply with
the member’s terms of appointment or is otherwise unable, unfit or
unsuitable to exercise the member’s functions as a member of the
MDC.
Staff
3     (1)
Before an MDC appoints staff it must obtain the Mayor’s agreement to the
terms and conditions on which the appointments are to be made.
      (2)
An MDC’s power to appoint a chief executive may, in the case of the MDC’s
first chief executive, be exercised by the Mayor.
      (3)
An MDC’s chief executive is a member of its staff.
Remuneration etc: members and staff
4     (1)
An MDC may pay to or in respect of its members—
(a)
remuneration,
(b)
travelling and other allowances, and
(c)
sums by way of, or in respect of, pensions and gratuities.
      (2)
The Mayor is to determine rates and eligibility criteria for payments under
sub-paragraph (1).
      (3)
If the Mayor thinks that there are special circumstances that make it right to
compensate a person on ceasing to be a member of an MDC, the MDC may
pay compensation determined by the Mayor.
      (4)
Payments under sub-paragraph (1) or (3), other than travelling and
subsistence allowances, are not to be made to a member of an MDC who is
also a member of the London Assembly, but this does not prevent payment
of an allowance under sub-paragraph (1) to the person appointed to chair an
MDC in respect of that office.
      (5)
An MDC may pay to or in respect of its staff—
(a)
remuneration,
(b)
travelling and other allowances, and
(c)
sums by way of, or in respect of, pensions and gratuities.
      (6)
Rates and eligibility criteria for payments made by an MDC under sub-
paragraph (5) are to be determined by the MDC with the agreement of the
Mayor.
      (7)
In this paragraph “member” includes former member and “staff” includes
former staff.
Status
5     (1)
An MDC (and any member of an MDC or of an MDC’s staff)—
(a)
is not the servant or agent of the Crown, and
(b)
does not share any immunity or privilege of the Crown.

Localism Bill (Volume II)
Schedule 21 — Mayoral development corporations
367

      (2)
An MDC’s property is not to be regarded as property of, or property held on
behalf of, the Crown.
Committees
6     (1)
An MDC may establish committees.
      (2)
A committee may establish sub-committees.
      (3)
A committee or sub-committee may, with the agreement of the Mayor,
include persons who are not members of the MDC, but a majority of the
members of a committee or sub-committee must be members of the MDC.
Delegation
7     (1)
An MDC may delegate any of its functions to any of its members,
committees or staff.
      (2)
A committee of an MDC may delegate any function conferred on it to—
(a)
any member of the MDC,
(b)
any sub-committee of the committee, or
(c)
any of the MDC’s staff.
      (3)
A sub-committee of a committee of an MDC may delegate any function
conferred on it to—
(a)
any member of the MDC, or
(b)
any of the MDC’s staff.
Proceedings and meetings
8     (1)
An MDC may, subject to any directions given by the Mayor, decide—
(a)
its own procedure,
(b)
the procedure of any of its committees, and
(c)
the procedure of any sub-committee of any of its committees.
      (2)
Subject to sub-paragraph (1), a committee may decide the procedure of any
of its sub-committees.
      (3)
Subject to sub-paragraphs (1) and (2), a committee or sub-committee may
decide its own procedure.
      (4)
In this paragraph “procedure” includes quorum.
9
The validity of any proceeding of an MDC is not affected by—
(a)
its having fewer than six members,
(b)
there being no person appointed to chair it, or
(c)
any defect in the appointment of any of its members or of the person
appointed to chair it.
Annual report (and “financial year”)
10    (1)
As soon as reasonably practicable after the end of each financial year, an
MDC must—
(a)
prepare an annual report on how it has exercised its functions during
the year,

Localism Bill (Volume II)
Schedule 22 — Mayoral development corporations: consequential and other amendments
368

(b)
include in the report a copy of its audited statement of accounts for
the year, and
(c)
send a copy of the report to the Mayor and to the London Assembly.
      (2)
“Financial year”, in relation to an MDC, means a period of 12 months ending
with 31 March.
Seal etc
11    (1)
The application of an MDC’s seal is to be authenticated by—
(a)
the person appointed to chair the MDC, or
(b)
another member of the MDC, or some other person, authorised
(generally or specially) for that purpose.
      (2)
A document purporting to be duly executed under the seal of an MDC or
signed on its behalf—
(a)
is to be received in evidence, and
(b)
is to be treated as so executed or signed unless the contrary is shown.
House of Commons Disqualification Act 1975 (c. 24)
12
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies all of whose members are disqualified) at the appropriate place
insert—
“A Mayoral development corporation (see section 169 of the
Localism Act 2011).”
Schedule 22
Section 193

Mayoral development corporations: consequential and other amendments
Leasehold Reform Act 1967 (c. 88)
1
In paragraph 2 of Schedule 4A to the Leasehold Reform Act 1967 (exclusion
of certain shared ownership leases granted by public authorities) in sub-
paragraph (2) after paragraph (bb) insert—
“(bc)
a Mayoral development corporation;”.
Local Government Act 1972 (c. 70)
2     (1)
The Local Government Act 1972 is amended as follows.
      (2)
In section 100J(1) (authorities treated as principal councils for purposes of
Part 5A) after paragraph (g) insert—
“(h)
a Mayoral development corporation.”
      (3)
In section 100J(3) (reference in section 100A(6)(a) to council’s offices includes
other premises at which meeting to be held) for “or (f)” substitute “, (f) or
(h)”.
      (4)
In section 100J after subsection (3ZA) insert—
“(3ZAA)
In its application by virtue of subsection (1)(h) above in relation to a
Mayoral development corporation, section 100E(3) has effect as if for

Localism Bill (Volume II)
Schedule 22 — Mayoral development corporations: consequential and other amendments
369

paragraphs (a) to (c) there were substituted—
“(a)
a committee which is established under Schedule 21 to
the Localism Act 2011 by a principal council, or
(b)
a sub-committee established under that Schedule by a
committee within paragraph (a).”
      (5)
In section 100J(4)(b) (disapplication of duty to state ward or division for
which member represents) after “in relation to” insert “a Mayoral
development corporation, or”.
      (6)
In section 100K(1) (interpretation of Part 5A) in the definition of “committee
or sub-committee of a principal council” before the second “above” insert
“and (3ZAA)”.
Rent Act 1977 (c. 42)
3
In section 14(1) of the Rent Act 1977 (tenancy not protected if landlord is
listed body) after paragraph (g) insert—
“(ga)
a Mayoral development corporation;”.
Protection from Eviction Act 1977 (c. 43)
4
In section 3A(8) of the Protection from Eviction Act 1977 (licence to stay in
hostel excluded if hostel provided by listed body) after paragraph (d)
insert—
“(da)
a Mayoral development corporation;”.
Acquisition of Land Act 1981 (c. 67)
5     (1)
The Acquisition of Land Act 1981 is amended as follows.
      (2)
In section 17(3) (special parliamentary procedure does not apply to
acquisition by certain public bodies) after “an urban development
corporation” insert “, a Mayoral development corporation”.
      (3)
In section 31(1) (acquisition under certain Acts of statutory undertakers’
land without a certificate) before the “or” at the end of paragraph (c) insert—
“(ca)
section 178(2) of the Localism Act 2011 (acquisition by
Mayoral development corporation),”.
      (4)
In paragraph 4(3) of Schedule 3 (special parliamentary procedure does not
apply to acquisition by certain public bodies) after “an urban development
corporation” insert “, a Mayoral development corporation”.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
6
In paragraph 2(5) of Schedule 4 to the Local Government (Miscellaneous
Provisions) Act 1982 (street trading: designation of streets: meaning of
“relevant corporation”) after paragraph (b) insert—
“(ba)
a Mayoral development corporation;”.
Housing Act 1985 (c. 68)
7
The Housing Act 1985 is amended as follows.
8
In section 45(2) in the definition of “public sector authority” after the entry