Localism Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

Localism Bill (Volume II)
Schedule 22 — Mayoral development corporations: consequential and other amendments
370

for an urban development corporation insert—
“a Mayoral development corporation,”.
9
In section 80(1) (secure tenancies: the landlord condition) before the entry for
an urban development corporation insert—
“a Mayoral development corporation,”.
10
In section 114(1) (meaning of “landlord authority”) before the entry for a
housing action trust insert—
“a Mayoral development corporation,”.
11
In section 171(2) (section applies to interests held by certain bodies) after the
entry for an urban development corporation insert—
“a Mayoral development corporation,”.
12
In section 458(1) (Part 14: minor definitions) in the definition of “housing
authority” after “an urban development corporation,” insert “a Mayoral
development corporation,”.
13
In paragraph 2(1) of Schedule 1 (tenancy not secure if tenant employed by
landlord or certain bodies) before the entry for an urban development
corporation insert—
“a Mayoral development corporation,”.
14
In Part 1 of Schedule 2 (grounds on which court may order possession of
dwelling-house let under secure tenancy if it considers it reasonable) in
paragraph (a) of Ground 7 before the entry for an urban development
corporation insert—
“a Mayoral development corporation,”.
15
In Part 3 of Schedule 2 (grounds on which court may order possession of
dwelling-house let under secure tenancy if it considers it reasonable and
suitable alternative accommodation is available) in paragraph (a) of Ground
12 before the entry for an urban development corporation insert—
“a Mayoral development corporation,”.
16
In Schedule 3 (grounds for withholding consent to assignment by way of
exchange) in paragraph (b) of Ground 5 before the entry for an urban
development corporation insert—
“a Mayoral development corporation,”.
17
In Schedule 4 (qualifying period for right to buy etc) in paragraph 7(1) (the
landlord condition) after the entry for an urban development corporation
insert—
“a Mayoral development corporation,”.
18
In Schedule 5 (exceptions to right to buy) in paragraph 5(1)(b) (letting to
employees of certain bodies) before the entry for an urban development
corporation insert—
“a Mayoral development corporation,”.
Landlord and Tenant Act 1985 (c. 70)
19
In section 14(4) of the Landlord and Tenant Act 1985 (section 11 does not
apply to a post-1980 lease granted to a listed body) after the entry for an
urban development corporation insert—
“a Mayoral development corporation,”.

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Schedule 22 — Mayoral development corporations: consequential and other amendments
371

Landlord and Tenant Act 1987 (c. 31)
20
In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords)
after paragraph (b) insert—
“(ba)
a Mayoral development corporation;”.
Local Government Act 1988 (c. 9)
21
In Schedule 2 to the Local Government Act 1988 in the list of public
authorities after the entry for an urban development corporation insert—
“A Mayoral development corporation.”
Local Government Finance Act 1988 (c. 41)
22
In the Local Government Finance Act 1988 after section 48 insert—
“48A
Discretionary relief: functions of Mayoral development corporations
(1)
The Mayor of London may require a billing authority to provide the
Mayor with information to assist the Mayor with making decisions
under section 185 of the Localism Act 2011 (Mayor’s power to decide
that a Mayoral development corporation should have functions
under section 47 above).
(2)
A Mayoral development corporation which has, or expects to have,
functions under section 47 above may require a billing authority to
provide the corporation with information to assist the corporation to
exercise functions under that section.
(3)
A billing authority must comply with a requirement imposed on it
under subsection (1) or (2) above so far as the requirement relates to
information available to the billing authority.
(4)
A person to whom information is provided in response to a
requirement imposed under subsection (1) or (2) above may use the
information only for the purposes for which it was sought.
(5)
The Secretary of State may by regulations make transitional
provision in connection with, or in anticipation of, a Mayoral
development corporation—
(a)
beginning to exercise functions under section 47 above, or
(b)
ceasing to exercise functions under that section.
(6)
The Secretary of State may by regulations make provision about
payment by a Mayoral development corporation to a billing
authority of amounts—
(a)
as regards the operation of section 47 above in cases where
the corporation has exercised functions under that section;
(b)
as regards costs of collection and recovery in such cases.”
Housing Act 1988 (c. 50)
23
The Housing Act 1988 is amended as follows.
24
In section 35(4) (tenancies which can be secure tenancies) after paragraph (a)

Localism Bill (Volume II)
Schedule 22 — Mayoral development corporations: consequential and other amendments
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insert—
“(aa)
the interest of the landlord belongs to a Mayoral
development corporation; or”.
25
In section 38(5) (when landlord’s interest is held by a public body) after
paragraph (a) insert—
“(aa)
it belongs to a Mayoral development corporation; or”.
26
In section 89(1) (housing action trust and urban development corporation
may enter in agreement for supply of goods and services) after “1980,” insert
“or a housing action trust and a Mayoral development corporation,”.
27
In paragraph 12(1) of Schedule 1 (tenancy cannot be assured tenancy if
landlord is listed body) after paragraph (d) insert—
“(da)
a Mayoral development corporation;”.
Town and Country Planning Act 1990 (c. 8)
28
The Town and Country Planning Act 1990 is amended as follows.
29
In section 2A (power for Mayor to call in planning applications) after
subsection (1) insert—
“(1A)
Subsection (1) does not apply if the local planning authority is a
Mayoral development corporation.”
30
After section 7 insert—
“7A
Mayoral development areas
(1)
Subsection (2) applies where an order under section 169(2) of the
Localism Act 2011 gives effect to any decision under section 173(2) or
(5) of that Act as a result of which a Mayoral development
corporation is for any area to be the local planning authority for the
purposes of Part 3 of this Act.
(2)
The Mayoral development corporation is the local planning
authority for that area for those purposes in place of any authority
who would otherwise be the local planning authority for that area for
those purposes.
(3)
Subsection (4) applies where an order under section 169(2) of that
Act gives effect to any decision under section 173(3) or (5) of that Act
as a result of which a Mayoral development corporation is for any
area to have the functions referred to in section 173(3) of that Act.
(4)
The Mayoral development corporation has those functions in place
of any authority (except the Secretary of State) who would otherwise
have them in that area.
(5)
If an order under section 169(2) of that Act is amended to give effect
to a decision under section 175(2) of that Act that limits the effect of
a decision under section 173 of that Act, subsection (2) or (4), or each
of them, applies accordingly.”
31
After section 165 (Secretary of State may acquire land blighted by proposed

Localism Bill (Volume II)
Schedule 22 — Mayoral development corporations: consequential and other amendments
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new town or urban development area) insert—
“165ZA
Power of Greater London Authority to acquire land affected by
designation of Mayoral development area where blight notice served
(1)
Where a blight notice has been served in respect of land falling
within paragraph 9A of Schedule 13 then, until such time as a
Mayoral development corporation is established for the Mayoral
development area, the Greater London Authority has power to
acquire compulsorily any interest in the land in pursuance of the
blight notice served by virtue of that paragraph.
(2)
Where the Greater London Authority acquires an interest under
subsection (1), then—
(a)
if the land is or becomes land within paragraph 9A(b) of
Schedule 13, the interest is to be transferred by the Authority
to the Mayoral development corporation established for the
Mayoral development area; and
(b)
in any other case, the interest may be disposed of by the
Authority in such manner as the Authority thinks fit.
(3)
The Land Compensation Act 1961 has effect in relation to the
compensation payable in respect of the acquisition of an interest by
the Greater London Authority under subsection (1) as if—
(a)
the acquisition were by a Mayoral development corporation
under Chapter 2 of Part 7 of the Localism Act 2011; and
(b)
the land formed part of an area for which a Mayoral
development corporation has been established.”
32
In section 169 (meaning of “appropriate authority”) after subsection (4)
insert—
“(4A)
In relation to land falling within paragraph 9A of Schedule 13, until
such time as a Mayoral development corporation is established for
the Mayoral development area, this Chapter has effect as if “the
appropriate authority” were the Mayor of London.”
33
In section 170(5) (meaning of “appropriate enactment” in the case of a
development corporation or urban development corporation)—
(a)
for “or 9” insert “, 9 or 9A”, and
(b)
after “is established for the urban development area” insert “or a
Mayoral development corporation is established for the Mayoral
development area”.
34    (1)
Paragraph 5 of Schedule 1 (when local highway authority may impose
restrictions on grant of planning permission) is amended as follows.
      (2)
For sub-paragraph (2) (sub-paragraph (1) does not apply to urban
development corporations) substitute—
    “(2)
The reference to a local planning authority in sub-paragraph (1) is
to be construed as including neither—
(a)
a reference to an urban development corporation who are
the local planning authority by virtue of an order under
section 149 of the Local Government, Planning and Land
Act 1980, nor

Localism Bill (Volume II)
Schedule 22 — Mayoral development corporations: consequential and other amendments
374

(b)
a reference to a Mayoral development corporation which is
the local planning authority by virtue of an order under
section 169(2) of the Localism Act 2011,

and no provision of a development order which is included in it
by virtue of that sub-paragraph is to be construed as applying to
such a corporation.”
      (3)
In subsection (3) after “urban development corporation who are the local
planning authority” insert “, or by a Mayoral development corporation
which is the local planning authority,”.
35
In Schedule 13 (blighted land) after paragraph 9 insert—
“9A
Land which is within an area designated under section 168 of the
Localism Act 2011 as a Mayoral development area where—
(a)
an order under section 169(2) of that Act establishing a
Mayoral development corporation for the area has not
been made or has been made but has not come into effect;
or
(b)
such an order has come into effect.”
Planning (Hazardous Substances) Act 1990 (c. 10)
36
In section 3(4) of the Planning (Hazardous Substances) Act 1990 (when
urban development corporation is hazardous substances authority) after
“urban development corporation” insert “or a Mayoral development
corporation”.
Water Industry Act 1991 (c. 56)
37
The Water Industry Act 1991 is amended as follows.
38
In section 41(2) (persons who may require provision of a water main) after
paragraph (c) insert—
“(ca)
where the whole or any part of that locality is situated within
a Mayoral development area, the Mayoral development
corporation;”.
39
In section 97(5) (performance of sewerage undertaker’s functions by
relevant authorities: interpretation)—
(a)
in the definition of “relevant area” after paragraph (a) insert—
“(aa)
in relation to the Mayoral development
corporation for any Mayoral development
area, means that area;”
(b)
in the definition of “relevant authority” after paragraph (a) insert—
“(aa)
the Mayoral development corporation for any
Mayoral development area;”.
40
In section 98(2) (persons who may require provision of a public sewer) after
paragraph (c) insert—
“(ca)
where the whole or any part of that locality is situated within
a Mayoral development area, the Mayoral development
corporation;”.

Localism Bill (Volume II)
Schedule 22 — Mayoral development corporations: consequential and other amendments
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Channel Tunnel Rail Link Act 1996 (c. 61)
41
In paragraph 9(8)(a) of Schedule 2 to the Channel Tunnel Rail Link Act 1996
(“public sewer or drain” includes one owned by certain public bodies) after
“an urban development corporation” insert “, a Mayoral development
corporation”.
Greater London Authority Act 1999 (c. 29)
42
The Greater London Authority Act 1999 is amended as follows.
43    (1)
Amend section 31 (limits of the general power) as follows.
      (2)
In subsection (1) ( no power to incur expenditure on things which may be
done by a functional body other than the London Development Agency) for
“by a functional body other than the London Development Agency”
substitute “by—
(a)
Transport for London;
(b)
the Mayor’s Office for Policing and Crime; or
(c)
the London Fire and Emergency Planning Authority.”
      (3)
After subsection (1) insert—
“(1A)
In determining whether to exercise the power conferred by section
30(1) above, the Authority must seek to secure that it does not incur
expenditure in doing anything which is being done by a Mayoral
development corporation.”
44    (1)
Amend section 38 (delegation) as follows.
      (2)
In subsection (2) (persons to whom functions exercisable by the Mayor may
be delegated) after paragraph (d) insert—
“(da)
any Mayoral development corporation;”.
      (3)
In subsection (7) (power to exercise delegated functions where no existing
power to do so) after paragraph (b) insert—
“(ba)
any Mayoral development corporation,”.
45
In section 60A(3) (offices where confirmation process applies) after the entry
for the chairman of the London Fire and Emergency Planning Authority
insert—
“(a)
“person appointed to chair a Mayoral development
corporation (see paragraph 1 of Schedule 21 to the Localism
Act 2011);”.
46
In section 347 (functional bodies to have regard to spatial development
strategy) after “strategy” insert “, but this is without prejudice to section 24
of the Planning and Compulsory Purchase Act 2004 (which requires certain
of a Mayoral development corporation’s documents to be in general
conformity with the strategy)”.
47    (1)
Section 408 (transfers of property, rights and liabilities) is amended as
follows.
      (2)
In subsection (3) (bodies from which property etc may be transferred under
section 408) after paragraph (g) insert—
“(ga)
an urban development corporation for an urban
development area all or part of which is in Greater London;

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Schedule 22 — Mayoral development corporations: consequential and other amendments
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(gb)
the Olympic Delivery Authority;
(gc)
any company, or other body corporate, which is a wholly-
owned subsidiary of the Olympic Delivery Authority;
(gd)
any company, or other body corporate, which—
(i)
is a subsidiary of the Olympic Delivery Authority,
(ii)
is a subsidiary of at least one other public authority,
and
(iii)
is not a subsidiary of any person who is not a public
authority;”.
      (3)
After subsection (8) insert—
“(9)
In subsection (3)(gc) “wholly-owned subsidiary” has the meaning
given to it by section 1159 of the Companies Act 2006.
(10)
For the purposes of subsection (3)(gd) and paragraph (b) of this
subsection, a 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,

and, accordingly, the definition of “subsidiary” given by section
424(1) does not apply for those purposes.
(11)
In this section “urban development corporation” means a
corporation established by an order under section 135 of the Local
Government, Planning and Land Act 1980.”
48
In section 424(1) (interpretation) in the definition of “functional body” after
paragraph (a) insert—
“(aa)
a Mayoral development corporation;”.
Freedom of Information Act 2000 (c. 36)
49
In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities: local government) after paragraph 35C insert—
“35D
A Mayoral development corporation established under section
169 of the Localism Act 2011.”
Planning and Compulsory Purchase Act 2004 (c. 5)
50
The Planning and Compulsory Purchase Act 2004 is amended as follows.
51
In section 24 (if local planning authority are a London borough, local
development documents must be in general conformity with the spatial
development strategy) in subsections (1)(b) and (4) after “are a London
borough” insert “or a Mayoral development corporation”.
52    (1)
Amend section 37 (interpretation of Part 2) as follows.
      (2)
After subsection (5) insert—
“(5ZA)
Subsection (4) must also be construed subject to any order under
section 169(2) of the Localism Act 2011 so far as providing that a
Mayoral development corporation is, as regards an area, to be the