Localism Bill

Session 2010 - 11
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Localism Bill

Localism Bill
Schedule 22 — Mayoral development corporations: consequential and other amendments
371

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
5
under section 185 of the Localism Act 2011 (Mayor’s power to decide
that a Mayoral development corporation should have functions
under section 47 above).
(2)
A Mayoral development corporation which has, or expects to have,
functions under section 47 above may require a billing authority to
10
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.
15
(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
20
development corporation—
(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
25
authority of amounts—
(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.”
Housing Act 1988 (c. 50)
30
23
The Housing Act 1988 is amended as follows.
24
In section 35(4) (tenancies which can be secure tenancies) after paragraph (a)
insert—
“(aa)
the interest of the landlord belongs to a Mayoral
development corporation; or”.
35
25
In section 38(5) (when landlord’s interest is held by a public body) after
paragraph (a) insert—
“(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
40
“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;”.

Localism Bill
Schedule 22 — Mayoral development corporations: consequential and other amendments
372

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
subsection (1) insert—
“(1A)
Subsection (1) does not apply if the local planning authority is a
5
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
10
(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
15
who would otherwise be the local planning authority for that area for
those purposes.
(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
20
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
have them in that area.
(5)
If an order under section 169(2) of that Act is amended to give effect
25
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—
30
“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
35
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
subsection (1), then—
40
(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

Localism Bill
Schedule 22 — Mayoral development corporations: consequential and other amendments
373

(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—
5
(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)
10
insert—
“(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.”
15
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
20
development area”.
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—
25
    “(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
30
Act 1980, nor
(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
35
by virtue of that sub-paragraph is to be construed as applying to
such a corporation.”
      (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,”.
40
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
45
been made or has been made but has not come into effect;
or

Localism Bill
Schedule 22 — Mayoral development corporations: consequential and other amendments
374

(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
5
corporation”.
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
paragraph (c) insert—
10
“(ca)
where the whole or any part of that locality is situated within
a Mayoral development area, the Mayoral development
corporation;”.
39
In section 97(5) (performance of sewerage undertaker’s functions by
relevant authorities: interpretation)—
15
(a)
in the definition of “relevant area” after paragraph (a) insert—
“(aa)
in relation to the Mayoral development
corporation for any Mayoral development
area, means that area;”
(b)
in the definition of “relevant authority” after paragraph (a) insert—
20
“(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
paragraph (c) insert—
“(ca)
where the whole or any part of that locality is situated within
25
a Mayoral development area, the Mayoral development
corporation;”.
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
30
“an urban development corporation” insert “, a Mayoral development
corporation”.
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.
35
      (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”
substitute “by—
(a)
Transport for London;
40
(b)
the Mayor’s Office for Policing and Crime; or
(c)
the London Fire and Emergency Planning Authority.”

Localism Bill
Schedule 22 — Mayoral development corporations: consequential and other amendments
375

      (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.”
5
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
10
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
insert—
15
“(a)
“person appointed to chair a Mayoral development
corporation (see paragraph 1 of Schedule 21 to the Localism
Act 2011);”.
46
In section 347 (functional bodies to have regard to spatial development
strategy) after “strategy” insert “, but this is without prejudice to section 24
20
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
follows.
25
      (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;
30
(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,
35
and
(iii)
is not a subsidiary of any person who is not a public
authority;”.
      (3)
After subsection (8) insert—
“(9)
In subsection (3)(gc) “wholly-owned subsidiary” has the meaning
40
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
person (“P”) if—
(a)
P, or P’s nominee, is a member of C, or
45

Localism Bill
Schedule 22 — Mayoral development corporations: consequential and other amendments
376

(b)
C is a subsidiary of a body corporate that is itself a subsidiary
of P,

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
5
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
paragraph (a) insert—
“(aa)
a Mayoral development corporation;”.
10
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.”
15
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
20
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
25
Mayoral development corporation is, as regards an area, to be the
local planning authority for some or all of the purposes of this Part
in relation to some or all kinds of development.
(5ZB)
Where such an order makes such provision, that MDC is, in relation
to the kinds of development concerned, the local planning authority
30
for the area and purposes concerned in place of any authority who,
in relation to those kinds of development, would otherwise be the
local planning authority for that area and those purposes.”
      (3)
In subsection (5A) (definition of “local planning authority” has effect subject
to any order providing for the Homes and Communities Agency to be the
35
local planning authority) for “also be construed” substitute “additionally be
construed, and subsection (5ZB) must be construed,”.
National Health Service Act 2006 (c. 41)
53
In section 256(2) of the National Health Service Act 2006 (Primary Care Trust
may make payments to listed bodies in connection with provision of
40
housing accommodation) after paragraph (c) insert—
“(ca)
a Mayoral development corporation,”.

Localism Bill
Schedule 23 — The London Environment Strategy: minor and consequential amendments of the Greater London Authority Act 1999
377

Crossrail Act 2008 (c. 18)
54
In paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (“public sewer
or drain” includes one owned by certain public bodies) after “an urban
development corporation” insert “, a Mayoral development corporation”.
Planning Act 2008 (c. 29)
5
55
The Planning Act 2008 is amended as follows.
56
In section 129(1) (section 128(2) does not apply to acquisition by a listed
body) after paragraph (c) insert—
“(ca)
a Mayoral development corporation;”.
57    (1)
Amend section 206 (provision about charging community infrastructure
10
levy) is amended as follows.
      (2)
In subsection (5)(a) (“local planning authority” has the meaning given by
section 37 of the Planning and Compulsory Purchase Act 2004) after “to
England,” insert “except that a Mayoral development corporation is a local
planning authority for the purposes of this section only if it is the local
15
planning authority for all purposes of Part 2 of PCPA 2004 in respect of the
whole of its area and all kinds of development,”.
      (3)
After subsection (5) insert—
“(6)
CIL regulations may make transitional provision in connection with,
or in anticipation of, a Mayoral development corporation—
20
(a)
becoming a charging authority as a result of the operation of
subsection (2), or
(b)
ceasing to be a charging authority as a result of the operation
of that subsection.”
Equality Act 2010 (c. 15)
25
58
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) after the
entry for Transport for London insert—
“A Mayoral development corporation.”
Schedule 23
Section 195

The London Environment Strategy: minor and consequential amendments of
30
the Greater London Authority Act 1999
General
1
The Greater London Authority Act 1999 is amended as follows.
2     (1)
Section 41 (general duties of the Mayor in relation to his strategies) is
amended as follows.
35
      (2)
In subsection (1)—
(a)
after paragraph (c) insert—
“(ca)
the London Environment Strategy,”, and