|
| |
|
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 |
| |
| |
“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 |
| |
| |
“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 |
| |
| |
“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 |
| |
| |
“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,”. |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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.” |
| |
| |
23 | The Housing Act 1988 is amended as follows. |
| |
24 | In section 35(4) (tenancies which can be secure tenancies) after paragraph (a) |
| |
|
| |
|
| |
|
| |
“(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 |
| |
| |
“(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 |
| |
| |
“(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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) |
| |
| |
“(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 |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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; |
| |
| |
(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 |
| |
| |
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 |
| |
| |
“(ca) | where the whole or any part of that locality is situated within |
| |
a Mayoral development area, the Mayoral development |
| |
| |
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 |
| |
| |
(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 |
| |
| |
“(ca) | where the whole or any part of that locality is situated within |
| |
a Mayoral development area, the Mayoral development |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
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” |
| |
| |
(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 |
| |
| |
“(a) | “person appointed to chair a Mayoral development |
| |
corporation (see paragraph 1 of Schedule 21 to the Localism |
| |
| |
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 |
| |
| |
(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; |
| |
|
| |
|
| |
|
(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, |
| |
| |
(iii) | is not a subsidiary of any person who is not a public |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
“(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 |
| |
|
| |
|