Session 2010 - 11
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Localism Bill


Localism Bill
Part 7 — London
Chapter 3 — Greater London Authority governance

164

 

197     

Mayoral strategies: general duties

(1)   

Section 41 of the Greater London Authority Act 1999 (general duties of the

Mayor in relation to his strategies) is amended as follows.

(2)   

In subsection (5)(a), for “and with such international obligations” substitute “,

with the EU obligations of the United Kingdom and with such other

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international obligations of the United Kingdom”.

(3)   

After subsection (9) insert—

“(9A)   

In exercising any function the Mayor must have regard to any strategy

mentioned in subsection (1) which is relevant to the exercise of that

function.”

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(4)   

Subsection (10) ceases to have effect.

198     

Simplification of the consultation process for the Mayor’s strategies

(1)   

Section 42A of the Greater London Authority Act 1999 (which requires the

Mayor to follow a two stage process in preparing or revising a strategy to

which section 42 applies) ceases to have effect.

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(2)   

In section 335 of that Act (public participation in preparation of the spatial

development strategy)—

(a)   

subsections (1) to (1B) cease to have effect,

(b)   

in subsection (2), for the words from the beginning to “finally”

substitute “Before”, and

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(c)   

in subsection (3), after paragraph (a) insert—

“(aa)   

the Assembly and the functional bodies;”.

199     

London Assembly’s power to reject draft strategies

Before section 43 of the Greater London Authority Act 1999 (publicity and

availability of strategies) insert—

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“42B    

Assembly’s power to reject draft strategies

(1)   

This section applies where the Mayor has prepared, and is ready to

publish, a draft of any of the strategies to which section 41 applies

(including a revised version of the strategy).

(2)   

But this section does not apply to a revised version of a strategy

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containing only revisions which—

(a)   

are specified in a direction as to the contents of the strategy

which is given to the Mayor under this Act (or which the Mayor

considers are necessary in consequence of any revisions so

specified); or

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(b)   

are not so specified but the Mayor considers to be necessary to

comply with such a direction.

(3)   

Before publishing the strategy (or, in the case of the housing strategy,

before submitting the draft to the Secretary of State) the Mayor must lay

a copy of the draft before the Assembly in accordance with the standing

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orders of the Authority.

 
 

Localism Bill
Part 7 — London
Chapter 3 — Greater London Authority governance

165

 

(4)   

The Mayor must not publish the strategy (or, in the case of the housing

strategy, submit the draft to the Secretary of State) if, within the period

of 21 days beginning with the day on which the copy is laid before the

Assembly, the Assembly resolves to reject the draft.

(5)   

A motion for the Assembly to reject a draft strategy—

5

(a)   

must be considered at a meeting of the Assembly throughout

which members of the public are entitled to be present; and

(b)   

is not carried unless it is agreed to by at least two thirds of the

Assembly members voting.”

200     

Transport for London: access to meetings and documents etc

10

(1)   

Part 5A of the Local Government Act 1972 (access to meetings and documents)

is amended as follows.

(2)   

Amend section 100J (application of Part 5A to bodies other than principal

councils) in accordance with subsections (3) to (6).

(3)   

In subsection (1) (list of authorities treated as principal councils for the

15

purposes of the Part) after paragraph (bd) insert—

“(be)   

Transport for London;”.

(4)   

In subsection (3) (reference in section 100A(6)(a) to council’s offices includes

other premises at which meeting to be held) after “(bd),” insert “(be),”.

(5)   

After subsection (3) insert—

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“(3YA)   

In its application by virtue of subsection (1)(be) above in relation to

Transport for London, section 100E(3) has effect as if for paragraph (bb)

there were substituted—

“(bb)   

a committee of Transport for London (with

“committee”, in relation to Transport for London, here

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having the same meaning as in Schedule 10 to the

Greater London Authority Act 1999); or”.

(6)   

After subsection (4A) insert—

“(4AA)   

In its application by virtue of subsection (1)(be) above in relation to

Transport for London, section 100G shall have effect—

30

(a)   

with the substitution for subsection (1)(a) and (b) of—

“(a)   

the name of every member of the council for the time

being; and

(b)   

the name of every member of each committee or sub-

committee of the council for the time being.”, and

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(b)   

with the insertion in subsection (2)(b) after “exercisable” of

“, but not an officer by whom such a power is exercisable at least

partly as a result of sub-delegation by any officer”.”

(7)   

In section 100K(1) (interpretation of Part 5A) in the definition of “committee or

sub-committee of a principal council” for “section 100J(3ZA)(b)” substitute

40

“section 100J(3YA), (3ZA)(b)”.

 
 

Localism Bill
Part 8 — General

166

 

Part 8

General

201     

Orders and regulations

(1)   

Any power of the Secretary of State or Welsh Ministers to make an order or

regulations under this Act is exercisable by statutory instrument.

5

(2)   

Any power of the Secretary of State or Welsh Ministers to make an order or

regulations under this Act includes—

(a)   

power to make different provision for different cases, circumstances or

areas, and

(b)   

power to make incidental, supplementary, consequential, transitional

10

or transitory provision or savings.

(3)   

The power under subsection (2)(a) includes, in particular, power to make

different provision for different authorities or descriptions of authority

(including descriptions framed by reference to authorities in particular areas).

(4)   

Provision or savings made under subsection (2)(b) may take the form of

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amendments, or revocations, of provisions of an instrument made under

legislation.

(5)   

The generality of the power under subsection (2)(a) is not to be taken to be

prejudiced by any specific provision of this Act authorising differential

provision.

20

(6)   

The Secretary of State may not make an order or regulations to which

subsection (7) applies unless a draft of the statutory instrument containing the

order or regulations (whether alone or with other provisions) has been laid

before, and approved by a resolution of, each House of Parliament.

(7)   

This subsection applies to—

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(a)   

an order under section 5(3), other than one that is made only for the

purpose mentioned in section 6(5);

(b)   

an order under section 5(4), other than one that is made only for that

purpose or for imposing conditions on the doing of things for a

commercial purpose;

30

(c)   

regulations under section 53 or 66(9);

(d)   

an order under section 71(4) or 80(7);

(e)   

regulations under section 84;

(f)   

an order under section 86(2) or 87(6);

(g)   

an order or regulations under section 202 which amend or repeal a

35

provision of an Act otherwise than in consequence of provision made

by or under section 97.

(8)   

The Secretary of State may not make—

(a)   

regulations under section 97, or

(b)   

an order or regulations under section 202 which amend or repeal a

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provision of an Act in consequence of provision made by or under

section 97,

   

unless a draft of the statutory instrument containing the regulations or order

has been laid before, and approved by a resolution of, the House of Commons.

(9)   

A statutory instrument that—

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Localism Bill
Part 8 — General

167

 

(a)   

contains an order or regulations made by the Secretary of State under

this Act,

(b)   

is not subject to any requirement that a draft of the instrument be laid

before, and approved by a resolution of, each House of Parliament, and

(c)   

is not subject to any requirement that a draft of the instrument be laid

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before, and approved by a resolution of, the House of Commons,

   

is subject to annulment in pursuance of a resolution of either House of

Parliament.

(10)   

Subsection (9) does not apply to—

(a)   

an order under section 5(1) (but see section 6),

10

(b)   

an order under section 5(2) which (in reliance on section 6(4)) is made

in accordance with sections 15 to 19 of the Legislative and Regulatory

Reform Act 2006 as applied by section 6(3), or

(c)   

an order under section 206.

(11)   

The Welsh Ministers may not make—

15

(a)   

an order or regulations under section 202 which amend or repeal a

provision of legislation,

(b)   

an order under section 71(4) or 80(7),

(c)   

regulations under section 84, or

(d)   

an order under section 86(4) or 87(6),

20

   

unless a draft of the statutory instrument containing the order or regulations

(whether alone or with other provisions) has been laid before, and approved

by a resolution of, the National Assembly for Wales.

(12)   

A statutory instrument that—

(a)   

contains an order or regulations made by the Welsh Ministers under

25

this Act, and

(b)   

is not subject to any requirement that a draft of the instrument be laid

before, and approved by a resolution of, the National Assembly for

Wales,

   

is subject to annulment in pursuance of a resolution of the National Assembly

30

for Wales.

(13)   

In this section “legislation” means—

(a)   

an Act, or

(b)   

a Measure or Act of the National Assembly for Wales.

202     

Power to make further consequential amendments

35

(1)   

The appropriate authority may by order or regulations make such provision

amending, repealing or revoking legislation as the appropriate authority

considers appropriate in consequence of any provision made by or under this

Act.

(2)   

In subsection (1) “appropriate authority”—

40

(a)   

in relation to sections 13, 27, 28, 35, 36, 71 to 88, 124 and 125, and Parts

4, 5, 7, 8 and 20 of Schedule 24 and section 203 so far as relating to those

Parts, means—

(i)   

the Secretary of State in relation to England, and

(ii)   

the Welsh Ministers in relation to Wales,

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(b)   

in relation to section 65 means the Welsh Ministers, and

 
 

Localism Bill
Part 8 — General

168

 

(c)   

in relation to any other provision made by or under this Act means the

Secretary of State.

(3)   

In subsection (1) “legislation”, in relation to any provision made by or under

this Act, means—

(a)   

this Act or any Act passed before, or in the same Session as, this Act, or

5

(b)   

any instrument made under this or any other Act before the coming

into force of the provision.

(4)   

In subsection (3) “Act” (except in the phrase “this Act”) includes an Act or

Measure of the National Assembly for Wales.

203     

Repeals and revocations

10

Schedule 24 (repeals and revocations) has effect.

204     

Financial provisions

There is to be paid out of money provided by Parliament—

(a)   

any expenditure incurred by the Secretary of State under this Act, and

(b)   

any increase attributable to this Act in the sums payable under any

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other Act out of money so provided.

205     

Extent

(1)   

This Act extends to England and Wales only, subject as follows.

(2)   

The following provisions extend also to Scotland—

(a)   

section 107(1) and (3) to (6),

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(b)   

section 202(1), and

(c)   

sections 201, 202(2) to (4) and 204, this section and sections 206 and 207.

(3)   

Section 108 extends also to Scotland, but only so far as required for the purpose

mentioned in section 240(4) of the Planning Act 2008 (construction of certain

cross-border pipelines).

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(4)   

Sections 201, 202 and 204, this section and sections 206 and 207 extend also to

Northern Ireland.

(5)   

Any amendment, repeal or revocation made by this Act has the same extent as

the provision to which it relates.

206     

Commencement

30

(1)   

The following provisions come into force at the end of 2 months beginning

with the day on which this Act is passed—

(a)   

section 13,

(b)   

Chapter 6 of Part 1 so far as relating to England,

(c)   

section 27,

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(d)   

section 29,

(e)   

section 38,

(f)   

section 57,

(g)   

section 65,

(h)   

sections 91 to 93,

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Localism Bill
Part 8 — General

169

 

(i)   

section 95,

(j)   

section 119,

(k)   

section 149,

(l)   

section 152,

(m)   

section 156 and Schedule 18,

5

(n)   

Chapter 2 of Part 7, and

(o)   

Parts 4, 6, 12, 15, 27 and 30 of Schedule 24, and section 203 so far as

relating to those Parts.

(2)   

Subject to subsections (1) and (3) to (5), provisions of this Act come into force

on such day as the Secretary of State may by order appoint.

10

(3)   

The following provisions so far as relating to Wales come into force on such

day as the Welsh Ministers may by order appoint—

(a)   

Chapter 6 of Part 1,

(b)   

section 28,

(c)   

section 35,

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(d)   

section 36,

(e)   

Chapter 4 of Part 4 except so far as it confers power on the Secretary of

State, or the Welsh Ministers, to make regulations or orders,

(f)   

sections 124 and 125, and

(g)   

Parts 5, 7, 8 and 20 of Schedule 24, and section 203 so far as relating to

20

those Parts.

(4)   

The following provisions come into force on the day on which this Act is

passed—

(a)   

section 12,

(b)   

paragraphs 56 and 57 of Schedule 4, and section 14 so far as relating to

25

those paragraphs,

(c)   

section 17,

(d)   

section 20,

(e)   

Chapter 3 of Part 4 so far as it confers power on the Secretary of State to

make regulations,

30

(f)   

Chapter 4 of Part 4 so far as it confers power on the Secretary of State,

or the Welsh Ministers, to make regulations or orders,

(g)   

section 89(1)(b) and (2),

(h)   

section 90,

(i)   

sections 96 and 101 and Schedules 9 to 12 so far as those sections or

35

Schedules confer power on the Secretary of State to make regulations or

publish documents setting standards,

(j)   

sections 97 to 100,

(k)   

the provisions inserted by section 102 so far as they require or authorise

the making of provision in a development order,

40

(l)   

section 120,

(m)   

sections 141 to 147,

(n)   

sections 201, 202, 204, 205, this section and section 207, and

(o)   

Part 13 of Schedule 24, and section 203 so far as relating to that Part.

(5)   

Section 94 comes into force on the day after the day on which this Act is passed.

45

(6)   

An order under subsection (2) or (3) may—

(a)   

appoint different days for different purposes;

 
 

Localism Bill
Part 8 — General

170

 

(b)   

make such transitory or transitional provision, or savings, as the person

making the order considers appropriate.

(7)   

The appropriate authority may by order make such transitory or transitional

provision, or savings, as the appropriate authority considers appropriate in

connection with the coming into force of any provision of this Act mentioned

5

in subsection (1), (4) or (5).

(8)   

In subsection (7) “appropriate authority”—

(a)   

in relation to sections 13 and 27, and Part 4 of Schedule 24 and section

203 so far as relating to that Part, means—

(i)   

the Secretary of State in relation to England, and

10

(ii)   

the Welsh Ministers in relation to Wales,

(b)   

in relation to section 65 means the Welsh Ministers, and

(c)   

in relation to any other provision mentioned in subsection (1), (4) or (5)

means the Secretary of State.

207     

Short title

15

This Act may be cited as the Localism Act 2011.

 
 

 
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Revised 11 March 2011