Localism Bill

Session 2010 - 11
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Localism Bill

Localism Bill
Schedule 21 — Mayoral development corporations
364

Local Government Finance Act 1988 (c. 41)
2
In section 115(4A) of the Local Government Finance Act 1988 (duties as
regards reports under section 114)—
(a)
omit “the London Development Agency or”, and
(b)
for the words from “neither” to “shall” substitute “paragraph 7 of
5
Schedule 10 to the 1999 Act (delegation by Transport for London)
shall not”.
Audit Commission Act 1998 (c. 18)
3
In section 11(8A) of the Audit Commission Act 1998 (which prevents
delegation of duties under the section as regards reports etc)—
10
(a)
omit “the London Development Agency or”, and
(b)
for the words from “neither” to “shall” substitute “paragraph 7 of
Schedule 10 to the Greater London Authority Act 1999 (delegation by
Transport for London) shall not”.
Greater London Authority Act 1999 (c. 29)
15
4
The Greater London Authority Act 1999 is amended as follows.
5
In section 127(4) (“officers” in section 127(2)(b) includes, in the case of
Transport for London or the London Development Agency, its members) for
the words after “in the case of Transport for London” substitute “, includes
a reference to its members.”
20
6
In section 362(3)(b) (air quality strategy to contain information about
measures to be taken by the Authority, Transport for London and the
London Development Agency) for “, Transport for London and the London
Development Agency” substitute “and Transport for London”.
7
In section 380(10) (application of section 101 of the Local Government Act
25
1972) after paragraph (a) insert “or”.
London Olympic Games and Paralympic Games Act 2006 (c. 12)
8
In section 10(4) of the London Olympic Games and Paralympic Games Act
2006 (matters to which regard to be had when Olympic Transport Plan being
prepared or revised) for paragraph (c) (the London Development Agency’s
30
strategy) substitute—
“(c)
the Economic development strategy for London prepared in
accordance with section 333F of that Act.”
Schedule 21
Section 169

Mayoral development corporations
35
Membership
1     (1)
A Mayoral development corporation (“MDC”) is to consist of such number
of members (being not less than six) as the Mayor of London (“the Mayor”)
may from time to time appoint.

Localism Bill
Schedule 21 — Mayoral development corporations
365

      (2)
The Mayor must appoint one of the members of an MDC to chair the MDC.
      (3)
In appointing a person to be a member of an MDC, the Mayor—
(a)
must have regard to the desirability of appointing a person who has
experience of, and has shown some capacity in, a matter relevant to
the carrying-out of the MDC’s functions, and
5
(b)
must be satisfied that the person will have no financial or other
interest likely to affect prejudicially the exercise of the person’s
functions as member.
      (4)
The Mayor may require any person whom the Mayor proposes to appoint as
a member to provide such information as the Mayor considers necessary for
10
the purposes of sub-paragraph (3)(b).
Terms of appointment of members
2     (1)
Subject as follows, a member of an MDC holds and vacates office in
accordance with the member’s terms of appointment.
      (2)
A member may resign by serving notice on the Mayor.
15
      (3)
A person appointed to chair an MDC—
(a)
may resign that appointment, whether or not the person also resigns
from membership of the MDC, by serving notice on the Mayor;
(b)
ceases to hold that appointment if the person ceases to be a member
of the MDC.
20
      (4)
A person who—
(a)
ceases to be a member of an MDC, or
(b)
ceases to be the person appointed to chair an MDC,

is eligible for reappointment.
      (5)
The Mayor may remove a member of an MDC if—
25
(a)
the member has been absent from meetings of the MDC for more
than 3 months without the permission of the MDC,
(b)
the member has become bankrupt or has made an arrangement with
the member’s creditors,
(c)
a debt relief order is made in respect of the member (see Part 7A of
30
the Insolvency Act 1986) or the member is a person in respect of
whom a debt relief restrictions order has effect (see Schedule 4ZB to
that Act), or
(d)
in the opinion of the Mayor, the member has failed to comply with
the member’s terms of appointment or is otherwise unable, unfit or
35
unsuitable to exercise the member’s functions as a member of the
MDC.
Staff
3     (1)
Before an MDC appoints staff it must obtain the Mayor’s agreement to the
terms and conditions on which the appointments are to be made.
40
      (2)
An MDC’s power to appoint a chief executive may, in the case of the MDC’s
first chief executive, be exercised by the Mayor.
      (3)
An MDC’s chief executive is a member of its staff.

Localism Bill
Schedule 21 — Mayoral development corporations
366

Remuneration etc: members and staff
4     (1)
An MDC may pay to or in respect of its members—
(a)
remuneration,
(b)
travelling and other allowances, and
(c)
sums by way of, or in respect of, pensions and gratuities.
5
      (2)
The Mayor is to determine rates and eligibility criteria for payments under
sub-paragraph (1).
      (3)
If the Mayor thinks that there are special circumstances that make it right to
compensate a person on ceasing to be a member of an MDC, the MDC may
pay compensation determined by the Mayor.
10
      (4)
Payments under sub-paragraph (1) or (3), other than travelling and
subsistence allowances, are not to be made to a member of an MDC who is
also a member of the London Assembly, but this does not prevent payment
of an allowance under sub-paragraph (1) to the person appointed to chair an
MDC in respect of that office.
15
      (5)
An MDC may pay to or in respect of its staff—
(a)
remuneration,
(b)
travelling and other allowances, and
(c)
sums by way of, or in respect of, pensions and gratuities.
      (6)
Rates and eligibility criteria for payments made by an MDC under sub-
20
paragraph (5) are to be determined by the MDC with the agreement of the
Mayor.
      (7)
In this paragraph “member” includes former member and “staff” includes
former staff.
Status
25
5     (1)
An MDC (and any member of an MDC or of an MDC’s staff)—
(a)
is not the servant or agent of the Crown, and
(b)
does not share any immunity or privilege of the Crown.
      (2)
An MDC’s property is not to be regarded as property of, or property held on
behalf of, the Crown.
30
Committees
6     (1)
An MDC may establish committees.
      (2)
A committee may establish sub-committees.
      (3)
A committee or sub-committee may, with the agreement of the Mayor,
include persons who are not members of the MDC, but a majority of the
35
members of a committee or sub-committee must be members of the MDC.
Delegation
7     (1)
An MDC may delegate any of its functions to any of its members,
committees or staff.
      (2)
A committee of an MDC may delegate any function conferred on it to—
40

Localism Bill
Schedule 21 — Mayoral development corporations
367

(a)
any member of the MDC,
(b)
any sub-committee of the committee, or
(c)
any of the MDC’s staff.
      (3)
A sub-committee of a committee of an MDC may delegate any function
conferred on it to—
5
(a)
any member of the MDC, or
(b)
any of the MDC’s staff.
Proceedings and meetings
8     (1)
An MDC may, subject to any directions given by the Mayor, decide—
(a)
its own procedure,
10
(b)
the procedure of any of its committees, and
(c)
the procedure of any sub-committee of any of its committees.
      (2)
Subject to sub-paragraph (1), a committee may decide the procedure of any
of its sub-committees.
      (3)
Subject to sub-paragraphs (1) and (2), a committee or sub-committee may
15
decide its own procedure.
      (4)
In this paragraph “procedure” includes quorum.
9
The validity of any proceeding of an MDC is not affected by—
(a)
its having fewer than six members,
(b)
there being no person appointed to chair it, or
20
(c)
any defect in the appointment of any of its members or of the person
appointed to chair it.
Annual report (and “financial year”)
10    (1)
As soon as reasonably practicable after the end of each financial year, an
MDC must—
25
(a)
prepare an annual report on how it has exercised its functions during
the year,
(b)
include in the report a copy of its audited statement of accounts for
the year, and
(c)
send a copy of the report to the Mayor and to the London Assembly.
30
      (2)
“Financial year”, in relation to an MDC, means a period of 12 months ending
with 31 March.
Seal etc
11    (1)
The application of an MDC’s seal is to be authenticated by—
(a)
the person appointed to chair the MDC, or
35
(b)
another member of the MDC, or some other person, authorised
(generally or specially) for that purpose.
      (2)
A document purporting to be duly executed under the seal of an MDC or
signed on its behalf—
(a)
is to be received in evidence, and
40
(b)
is to be treated as so executed or signed unless the contrary is shown.

Localism Bill
Schedule 22 — Mayoral development corporations: consequential and other amendments
368

House of Commons Disqualification Act 1975 (c. 24)
12
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies all of whose members are disqualified) at the appropriate place
insert—
“A Mayoral development corporation (see section 169 of the
5
Localism Act 2011).”
Schedule 22
Section 193

Mayoral development corporations: consequential and other amendments
Leasehold Reform Act 1967 (c. 88)
1
In paragraph 2 of Schedule 4A to the Leasehold Reform Act 1967 (exclusion
10
of certain shared ownership leases granted by public authorities) in sub-
paragraph (2) after paragraph (bb) insert—
“(bc)
a Mayoral development corporation;”.
Local Government Act 1972 (c. 70)
2     (1)
The Local Government Act 1972 is amended as follows.
15
      (2)
In section 100J(1) (authorities treated as principal councils for purposes of
Part 5A) after paragraph (g) insert—
“(h)
a Mayoral development corporation.”
      (3)
In section 100J(3) (reference in section 100A(6)(a) to council’s offices includes
other premises at which meeting to be held) for “or (f)” substitute “, (f) or
20
(h)”.
      (4)
In section 100J after subsection (3ZA) insert—
“(3ZAA)
In its application by virtue of subsection (1)(h) above in relation to a
Mayoral development corporation, section 100E(3) has effect as if for
paragraphs (a) to (c) there were substituted—
25
“(a)
a committee which is established under Schedule 21 to
the Localism Act 2011 by a principal council, or
(b)
a sub-committee established under that Schedule by a
committee within paragraph (a).”
      (5)
In section 100J(4)(b) (disapplication of duty to state ward or division for
30
which member represents) after “in relation to” insert “a Mayoral
development corporation, or”.
      (6)
In section 100K(1) (interpretation of Part 5A) in the definition of “committee
or sub-committee of a principal council” before the second “above” insert
“and (3ZAA)”.
35
Rent Act 1977 (c. 42)
3
In section 14(1) of the Rent Act 1977 (tenancy not protected if landlord is
listed body) after paragraph (g) insert—
“(ga)
a Mayoral development corporation;”.

Localism Bill
Schedule 22 — Mayoral development corporations: consequential and other amendments
369

Protection from Eviction Act 1977 (c. 43)
4
In section 3A(8) of the Protection from Eviction Act 1977 (licence to stay in
hostel excluded if hostel provided by listed body) after paragraph (d)
insert—
“(da)
a Mayoral development corporation;”.
5
Acquisition of Land Act 1981 (c. 67)
5     (1)
The Acquisition of Land Act 1981 is amended as follows.
      (2)
In section 17(3) (special parliamentary procedure does not apply to
acquisition by certain public bodies) after “an urban development
corporation” insert “, a Mayoral development corporation”.
10
      (3)
In section 31(1) (acquisition under certain Acts of statutory undertakers’
land without a certificate) before the “or” at the end of paragraph (c) insert—
“(ca)
section 178(2) of the Localism Act 2011 (acquisition by
Mayoral development corporation),”.
      (4)
In paragraph 4(3) of Schedule 3 (special parliamentary procedure does not
15
apply to acquisition by certain public bodies) after “an urban development
corporation” insert “, a Mayoral development corporation”.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
6
In paragraph 2(5) of Schedule 4 to the Local Government (Miscellaneous
Provisions) Act 1982 (street trading: designation of streets: meaning of
20
“relevant corporation”) after paragraph (b) insert—
“(ba)
a Mayoral development corporation;”.
Housing Act 1985 (c. 68)
7
The Housing Act 1985 is amended as follows.
8
In section 45(2) in the definition of “public sector authority” after the entry
25
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,”.
30
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—
35
“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
40
landlord or certain bodies) before the entry for an urban development

Localism Bill
Schedule 22 — Mayoral development corporations: consequential and other amendments
370

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
5
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
10
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—
15
“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,”.
20
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)
25
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)
30
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
35
authorities after the entry for an urban development corporation insert—
“A Mayoral development corporation.”