Localism Bill

Session 2010 - 11
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Localism Bill

Localism Bill
Part 7 — London
Chapter 2 — Mayoral development corporations
157

184
Financial assistance
(1)
An MDC may, with the consent of the Mayor, give financial assistance to any
person.
(2)
Financial assistance under this section may be given in any form.
(3)
Financial assistance under this section may, in particular, be given by way of—
5
(a)
grants,
(b)
loans,
(c)
guarantee or indemnity,
(d)
investment, or
(e)
incurring expenditure for the benefit of the person assisted.
10
(4)
Financial assistance under this section may be given on such terms and
conditions as the MDC giving it considers appropriate (including provision for
repayment, with or without interest).
185
Powers in relation to discretionary relief from non-domestic rates
(1)
Subsection (2) applies if the Mayor designates a Mayoral development area.
15
(2)
The Mayor may decide that the MDC for the area is to have—
(a)
in relation to qualifying hereditaments in the area, the function of
making decisions (under section 47(3) and (6) of the 1988 Act) to the
effect that section 47 of the 1988 Act applies as regards a hereditament,
and
20
(b)
in relation to a hereditament as regards which that section applies as a
result of a decision made by the MDC, the function of making the
determinations mentioned in section 47(1)(a) of the Local Government
Finance Act 1988 (determination of amount of discretionary relief).
(3)
The Mayor may at any time decide that a decision under subsection (2) should
25
be revoked.
(4)
The Mayor may make a decision under subsection (2) or (3) only if—
(a)
the Mayor has (whether before or after the passing of this Act)
consulted the persons specified by section 168(4) in relation to the area,
(b)
the Mayor has had regard to any comments made in response by the
30
consultees, and
(c)
in the event that those comments include comments made by the
London Assembly that the Mayor does not accept, the Mayor has
published a statement giving the reasons for the non-acceptance.
(5)
If the Mayor makes a decision under subsection (2) or (3), the Mayor must—
35
(a)
publicise the decision, and
(b)
notify the Secretary of State of the decision.
(6)
If the Secretary of State receives notification under subsection (5) of a decision,
the Secretary of State must give effect to the decision—
(a)
when making the order under section 169(2) that establishes an MDC
40
for the area, or
(b)
by exercising the power to amend that order (see section 14 of the
Interpretation Act 1978).

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Chapter 2 — Mayoral development corporations
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(7)
Exercise by an MDC of functions mentioned in subsection (2) requires the
Mayor’s consent.
(8)
If an MDC has the functions mentioned in subsection (2) it has them in place of
the authority that would otherwise have them.
(9)
For the purposes of subsection (2), a hereditament is a “qualifying
5
hereditament” on a day if neither—
(a)
section 43(6) of the 1988 Act (charities and community amateur sports
clubs), nor
(b)
section 47(5B) of the 1988 Act (certain organisations not established or
conducted for profit),
10

applies on that day.
Dissolution
186
Reviews
It is the duty of the Mayor to review, from time to time, the continuing in
existence of any existing MDCs.
15
187
Transfers of property, rights and liabilities
(1)
The Mayor may at any time make a scheme (a “transfer scheme”) transferring
to a permitted recipient, upon such terms as the Mayor considers appropriate,
any property, rights or liabilities which are for the time being vested in an
MDC.
20
(2)
A transfer scheme may provide for a transfer to a person within paragraph (c),
(d) or (e) of the definition of “permitted recipient” in subsection (4) only if the
person consents.
(3)
The Mayor must publish a transfer scheme as soon after it is made as is
reasonably practicable.
25
(4)
In this section—
“functional body” has the meaning given by section 424(1) of the Greater
London Authority Act 1999;
“permitted recipient” means—
(a)
the Greater London Authority,
30
(b)
a functional body other than the MDC concerned,
(c)
a London borough council,
(d)
the Common Council of the City of London, or
(e)
any other person.
188
Dissolution: final steps
35
(1)
Subsection (2) applies if no property, no rights and no liabilities are vested in
an MDC (“the MDC”).
(2)
The Mayor may request the Secretary of State to revoke the order under section
169(2) which established the MDC.
(3)
If the Secretary of State receives a request under subsection (2), the Secretary of
40
State must make an order giving effect to the request.

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Chapter 2 — Mayoral development corporations
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(4)
Where the Secretary of State makes an order under subsection (3)—
(a)
the MDC is dissolved on the coming into force of the order, and
(b)
the Mayor must revoke the designation of the Mayoral development
area for which the MDC was established.
(5)
Where the Mayor makes a revocation under subsection (4)(b), the Mayor
5
must—
(a)
publicise the revocation, and
(b)
notify the Secretary of State of the revocation.
General
189
Transfer schemes: general provisions
10
(1)
In this section—
“transfer scheme” means a scheme under section 171(1) or (4) or 187(1);
“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
15
whom property, rights or liabilities are transferred by the scheme.
(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.
20
(3)
A transfer scheme may make consequential, supplementary, incidental or
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
25
transferred;
(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
30
proceedings) in the process of being done by, on behalf of or in relation
to the transferor in respect of 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;
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(f)
make provision for the shared ownership or use of property.
(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
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
40
purposes of those regulations).
(5)
A transfer scheme may provide—
(a)
for modification by agreement;
(b)
for modifications to have effect from the date when the original scheme
came into effect.
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Part 7 — London
Chapter 2 — Mayoral development corporations
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(6)
In this section “rights” and “liabilities” include rights, or (as the case may be)
liabilities, in relation to a contract of employment.
190
Guidance by the Mayor
(1)
The Mayor may give guidance to an MDC as to the exercise of any of the
MDC’s functions.
5
(2)
Before giving guidance under this section, the Mayor must consult such
persons as the Mayor considers appropriate.
(3)
The Mayor must publish any guidance given under this section as soon as
reasonably practicable after giving it.
(4)
The Mayor may revoke guidance given under this section.
10
(5)
The Mayor must—
(a)
consult, before revoking guidance given under this section, such
persons as the Mayor considers appropriate, and
(b)
publish the fact that guidance given under this section has been
revoked as soon as reasonably practicable after the revocation of the
15
guidance.
(6)
An MDC must, in exercising its functions, have regard to any guidance given
to it under this section that is for the time being in force.
(7)
References in this section to giving guidance include references to giving
guidance by varying existing guidance.
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191
Directions by the Mayor
(1)
The Mayor may give an MDC general or specific directions as to the exercise of
any of the MDC’s functions.
(2)
The Mayor must publish any directions given under this Chapter by the Mayor
as soon as reasonably practicable after giving them.
25
(3)
The Mayor—
(a)
may revoke any directions given under this Chapter by the Mayor, and
(b)
must publish the fact that directions given under this Chapter have
been revoked as soon as reasonably practicable after the revocation.
(4)
An MDC must comply with any directions given by the Mayor under this
30
Chapter that are in force in relation to the MDC.
(5)
Subsections (2) and (3)(b) do not apply to directions given under paragraph
8(1) of Schedule 21.
(6)
References in this Chapter to the Mayor giving directions include references to
the Mayor giving directions by varying existing directions.
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192
Consents
(1)
A relevant consent may be given—
(a)
unconditionally or subject to conditions, and
(b)
generally or specifically.

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Chapter 3 — Greater London Authority governance
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(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

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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.
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(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.

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(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.
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(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.