Localism Bill

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Part 7 — London
Chapter 1 — Housing and regeneration functions
144

162
Abolition of London Development Agency and transfer of its property etc
(1)
The London Development Agency ceases to exist on the day on which this
subsection comes into force.
(2)
The Secretary of State may at any time make a scheme (a “transfer scheme”)
transferring the property, rights and liabilities of the London Development
5
Agency that are specified in the scheme to—
(a)
the Greater London Authority,
(b)
a functional body,
(c)
the Secretary of State,
(d)
a London borough council, or
10
(e)
the Common Council of the City of London.
(3)
Before making a transfer scheme, the Secretary of State must consult the Mayor
of London.
(4)
The Secretary of State may by order specify another person, or a description of
other persons, to whom property, rights or liabilities of the London
15
Development Agency may be transferred by a transfer scheme.
(5)
In this section—
“functional body” has the meaning given by section 424(1) of the Greater
London Authority Act 1999;
“rights” and “liabilities” include rights, or (as the case may be) liabilities,
20
in relation to a contract of employment.
163
Mayor’s economic development strategy for London
(1)
The Greater London Authority Act 1999 is amended as follows.
(2)
After section 333E (which is inserted by section 158) insert—
“Part 7B
25
Economic development
333F
Economic development strategy for London
(1)
The Mayor shall prepare and publish a document to be known as the
“Economic development strategy for London”.
(2)
The Economic development strategy for London is to contain—
30
(a)
the Mayor’s assessment of the economic conditions of Greater
London, and
(b)
the Mayor’s policies and proposals for the economic
development and regeneration of Greater London, including
the Mayor’s strategy for—
35
(i)
promoting business efficiency, investment and
competitiveness in Greater London,
(ii)
promoting employment in Greater London, and
(iii)
enhancing the development of skills relevant to
employment in Greater London.
40

The references in this subsection to Greater London include its rural
parts as well as its non-rural parts.

Localism Bill
Part 7 — London
Chapter 1 — Housing and regeneration functions
145

(3)
In preparing or revising the Economic development strategy for
London the Mayor must consult—
(a)
such persons as appear to the Mayor to represent employers in
Greater London, and
(b)
such persons as appear to the Mayor to represent employees in
5
Greater London.
(4)
Each of the functional bodies must in the exercise of any function have
regard to the Economic development strategy for London.
(5)
The Secretary of State may give guidance to the Mayor about the
exercise of the Mayor’s functions in relation to the Economic
10
development strategy for London with respect to—
(a)
the matters to be covered by that strategy or that strategy as
revised, and
(b)
the issues to be taken into account in preparing or revising that
strategy.
15
(6)
The issues mentioned in subsection (5)(b) above include issues relating
to any one or more of the following—
(a)
Greater London,
(b)
any area of England outside Greater London, and
(c)
any part of the United Kingdom outside England.
20
(7)
The Mayor is to have regard to any guidance given under subsection (5)
above.
(8)
Where the Secretary of State considers—
(a)
that the Economic development strategy for London (or any
part of it) is inconsistent with national policies, or
25
(b)
that the Economic development strategy for London or its
implementation is having, or is likely to have, a detrimental
effect on any area outside Greater London,

the Secretary of State may direct the Mayor to make such revisions of
the strategy as may be specified in the direction in order to remove the
30
inconsistency or, as the case may be, the detrimental effect or likely
detrimental effect.
(9)
Where the Secretary of State gives the Mayor a direction under
subsection (8) above, the Mayor must revise the Economic
development strategy for London in accordance with the direction.
35
(10)
Where the Mayor revises the Economic development strategy for
London in accordance with subsection (9) above, subsection (3) above
and section 42 above do not apply.
(11)
For the purposes of subsection (8) above “national policies” are any
policies of Her Majesty’s government which are available in a written
40
form and which—
(a)
have been laid or announced before, or otherwise presented to,
either House of Parliament, or
(b)
have been published by a Minister of the Crown.”
(3)
In section 41(1) (strategies to which section applies) for paragraph (b) (the
45

Localism Bill
Part 7 — London
Chapter 1 — Housing and regeneration functions
146

London Development Agency strategy) substitute—
“(b)
the Economic development strategy for London prepared and
published under section 333F below,”.
164
Transfer schemes: general provisions
(1)
In this section—
5
“transfer scheme” means a scheme under section 161(1) or 162(2);
“transferee”, in relation to a transfer scheme, means the person to whom
property, rights or liabilities are transferred by the scheme;
“transferor”, in relation to a transfer scheme, means the person from
whom property, rights or liabilities are transferred by the scheme.
10
(2)
The things that may be transferred under a transfer scheme include—
(a)
property, rights or liabilities that could not otherwise be transferred;
(b)
property acquired, and rights and liabilities arising, after the making of
the scheme.
(3)
A transfer scheme may make consequential, supplementary, incidental or
15
transitional provision and may in particular—
(a)
make provision for certificates issued by the Secretary of State to be
conclusive evidence that property has been transferred;
(b)
create rights, or impose liabilities, in relation to property or rights
transferred;
20
(c)
make provision about the continuing effect of things done (or having
effect as if done) by or in relation to the transferor in respect of anything
transferred;
(d)
make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in relation
25
to the transferor in relation to anything transferred;
(e)
make provision for references to the transferor in an instrument or
other document in respect of anything transferred to be treated as
references to the transferee;
(f)
make provision for the shared ownership or use of property;
30
(g)
provide for section 36(3)(c) of the London Olympic Games and
Paralympic Games Act 2006 to continue (until repealed) to apply to
land transferred to which it applied immediately before the transfer.
(4)
The Transfer of Undertakings (Protection of Employment) Regulations 2006
(S.I. 2006/246), as from time to time amended, apply to a transfer under a
35
transfer scheme where the transfer relates to rights or liabilities under a
contract of employment (whether or not it is a relevant transfer for the
purposes of those regulations).
(5)
A transfer scheme may provide—
(a)
for modifications by agreement;
40
(b)
for modifications to have effect from the date when the original scheme
came into effect.
(6)
In this section “rights” and “liabilities” include rights, or (as the case may be)
liabilities, in relation to a contract of employment.

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 in 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);
15
“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
35
furthering any one or more of the Greater London Authority’s
principal purposes,

Localism Bill
Part 7 — London
Chapter 2 — Mayoral development corporations
148

(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
10
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
25
(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).
40
(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.

Localism Bill
Part 7 — London
Chapter 2 — Mayoral development corporations
149

(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.
10
(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).
15
(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—
30
(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
35
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

Localism Bill
Part 7 — London
Chapter 2 — Mayoral development corporations
150

(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 (3)(g) “wholly-owned subsidiary” has the meaning given by
section 1159 of the Companies Act 2006.
(8)
For the purposes of subsection (3)(h) and paragraph (b) of this subsection, a
20
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).
40
(4)
An MDC’s specific powers are to be exercised for the purposes of its object or
for purposes incidental to those purposes.