Greater London Authority Act 1999
- (a) an authority is required to comply with the Procurement Act 2023 in the awarding of a waste contract,
- (b) in compliance with that Act the authority publishes or provides the tender notice relating to the awarding of that contract, and
- (c) after the authority publishes or provides that notice, the Mayor revises the provisions of the London Environment Strategy dealing with municipal waste management,
Directions by the Mayor.
356
- (1) Where the Mayor considers that it is necessary for the purposes of the implementation of the provisions of the London Environment Strategy dealing with municipal waste management, he may give to a waste collection authority in Greater London, or a waste disposal authority in Greater London, a direction requiring the authority to exercise a function in a manner specified in the direction.
- (2) The Mayor may not give to an authority a direction under subsection (1) above requiring the authority—
- (a) to terminate a waste contract before the expiry of the term of the contract; or
- (b) to do anything which would result in a breach of any term of a waste contract.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) The Mayor may not give to an authority a direction under subsection (1) above requiring the authority to exercise a function in relation to the awarding of a waste contract if—
- (a) the authority is required to comply with the Procurement Act 2023 in awarding that contract, and
- (b) in compliance with that Act the authority publishes or provides the tender notice relating to the awarding of that contract.
- (4) The power of the Mayor to give a direction to an authority under subsection (1) above—
- (a) may be exercised either generally or specially, and
- (b) may only be exercised after consultation with the authority concerned.
- (5) Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.
London Waste and Recycling Board
356A
- (1) There shall be a body known as the London Waste and Recycling Board (referred to in this section and section 356B as “the Board”).
- (2) The objectives of the Board are to promote and encourage, so far as relating to Greater London,—
- (a) the production of less waste;
- (b) an increase in the proportion of waste that is re-used or recycled;
- (c) the use of methods of collection, treatment and disposal of waste which are more beneficial to the environment.
- (3) For the purpose of achieving its objectives, the Board may provide financial assistance to any person towards or for the purposes of—
- (a) the provision of facilities for or in connection with the collection, treatment or disposal of waste produced in Greater London;
- (b) conducting research into new technologies or techniques for the collection, treatment or disposal of waste;
- (c) securing, or assisting in securing, the performance of any function of a London borough council or the Common Council relating to waste.
- (4) For the purpose of achieving its objectives, the Board may provide advice on such matters as it thinks fit to any of the following—
- (a) the Mayor;
- (b) any London borough council;
- (c) the Common Council;
- (d) such other persons as the Board thinks fit.
- (5) In carrying out its functions under this section, the Board must—
- (a) act in accordance with the provisions of the London Environment Strategy dealing with municipal waste management;
- (b) act in general conformity with the spatial development strategy so far as relating to the collection, treatment and disposal of waste.
- (6) The Board may do anything that it thinks will facilitate, or is incidental or conducive to, the carrying out of its functions under subsections (2) to (4) above.
- (7) The Board does not have the power to borrow money.
- (8) The Secretary of State may issue to the Board guidance as to the exercise of its functions.
- (9) The Board shall have regard to any guidance issued under subsection (8) above.
- (10) Any reference in this section to the collection, treatment or disposal of waste includes a reference to the transport of waste for or in connection with that purpose.
Supplemental provision concerning the Board
356B
- (1) The Secretary of State may by order make provision as to—
- (a) the constitution of the Board;
- (b) the appointment of its members (who must not be fewer than 7 nor more than 13 in number);
- (c) the payment of allowances and expenses to its members;
and such other matters in connection with its establishment and administration as the Secretary of State thinks fit.
- (2) The Board shall not be regarded—
- (a) as the servant or agent of the Crown, or
- (b) as enjoying any status, privilege or immunity of the Crown,
and the property of the Board shall not be regarded as property of, or property held on behalf of, the Crown.
- (3) The Secretary of State may make payments by way of grant to the Board towards expenditure incurred or to be incurred by it.
- (4) The amount of any grant and the manner of its payment are to be such as the Secretary of State may determine.
- (5) Any grant may be paid on such conditions as the Secretary of State may determine.
- (6) Conditions under subsection (5) above may, in particular, include—
- (a) provision as to the use of the grant;
- (b) provision as to circumstances in which the whole or part of the grant must be repaid.
Information about existing waste contracts.
357
- (1) Where at the date on which this section comes into force a waste authority is a party to a waste contract, the authority shall, before the end of the period of 21 days beginning with the date on which this section comes into force, notify the Mayor of the date on which the term of the contract is due to expire.
- (2) A waste authority which is a party to a waste contract shall—
- (a) at least two years before the date on which the term of the contract is due to expire, but
- (b) no earlier than three years before that date,
notify the Mayor of that date.
- (3) Subsection (1) above is without prejudice to subsection (2) above.
- (4) If at any time before the date on which the term of a waste contract is due to expire a waste authority which is a party to the contract—
- (a) proposes to terminate or amend the contract, or
- (b) receives notification from another party to the contract that the contract is or is proposed to be terminated or amended,
the authority shall as soon as reasonably practicable notify the Mayor.
- (5) Where the Mayor has been notified by a waste authority under subsection (1), (2) or (4) above he may direct the authority to provide him with such information as he may require for the purposes of deciding whether—
- (a) the arrangements which the authority is making to enter into a new contract,
- (b) the terms upon which the authority is proposing to enter into a new contract, or
- (c) the amendments or proposed amendments to the contract,
would be detrimental to the implementation of the provisions of the London Environment Strategy dealing with municipal waste management.
- (6) Where the Mayor gives an authority a direction under subsection (5) above, the authority to whom the direction is given shall comply with the direction.
Information about new waste contracts.
358
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1ZA) Subsection (1A) applies if, in the awarding of a waste contract, a waste authority in compliance with the Procurement Act 2023 decides to publish a planned procurement notice relating to the awarding of the contract.
- (1A) The authority shall not ...publish that notice the notice in question unless—
- (a) it has notified the Mayor that it proposes to ... publish such a notice, and
- (b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.
- (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1BA) Subsection (1C) applies if, in the awarding of a waste contract, a waste authority in compliance with the Procurement Act 2023—
- (a) has decided not to publish a planned procurement notice relating to the awarding of the contract, but
- (b) decides to publish or provide a tender notice relating to the awarding of the contract.
- (1C) The authority shall not publish or provide the notice in question unless—
- (a) it has notified the Mayor that it proposes to publish or provide such a notice, and
- (b) a period of at least 108 days beginning with the day on which the Mayor is so notified has elapsed.
- (2) If in the awarding of a waste contract a waste authority is not required to comply with the Procurement Act 2023, the authority shall not enter into the contract unless—
- (a) the authority has notified the Mayor that it proposes to enter into such a contract, and
- (b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.
- (3) Where the Mayor has been notified under subsection (1A), (1C) or (2) above he may direct the waste authority to provide him with such information about the contract as he may require for the purposes of deciding whether the contract would be detrimental to the implementation of the provisions of the London Environment Strategy dealing with municipal waste management.
- (4) Where the Mayor gives an authority a direction under subsection (3) above, the authority to whom the direction is given shall comply with the direction.
Confidential information about waste contracts.
359
- (1) Nothing in section 357 or 358 above shall require a waste authority to provide any information if—
- (a) the information has been provided to the waste authority by another person,
- (b) that person has imposed requirements as to the maintenance by the waste authority of confidentiality in respect of the information (“confidentiality requirements”),
- (c) the waste authority is, by virtue of provision contained in section 94 of the Procurement Act 2023 or in regulations made under that Act, not required to comply with an obligation that, apart from that provision, would otherwise apply to publish or disclose the information under that Act, and
- (d) the provision of the information would be in breach of the confidentiality requirements.
- (2) If at the time when information is provided by a waste authority to the Mayor under section 357 or 358 above the waste authority notifies the Mayor that, in the opinion of the authority, the information is confidential information or exempt information, the information shall not be disclosed—
- (a) by the Mayor, except to a person appointed under section 67(1) or (2), 72(1), 73(1) or 127A(1) above, or
- (b) by such a person, except to another such person.
- (3) For the purposes of subsection (2) above—
- “confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972, but taking the reference to the council in paragraph (a) of that provision as a reference to the waste authority;
- “exempt information” shall be construed in accordance with section 100I of that Act, but taking references to a principal council in paragraph 1(2) of Schedule 12A to that Act (meaning of “the authority”) as references to a waste authority.
Interpretation of sections 353 to 359.
360
- (1) This section applies for the purposes of sections 353 to 359 above.
- (2) The following expressions have the meanings given below—
- ...
- ...
- ...
- “disposal”, in relation to waste, shall be construed in accordance with section 29(6) of the Environmental Protection Act 1990,
- “municipal waste” means any waste in the possession or under the control of—a body which, or a person who, is a waste collection authority in Greater London, ora body which is a waste disposal authority in Greater London,whether or not the waste is in the possession or under the control of the body or person under or by virtue of that Act,
- “the national waste management plan” has the same meaning as in the Waste (England and Wales) Regulations 2011;
- “planned procurement notice” has the same meaning as in section 15(2) of the Procurement Act 2023,
- ...
- ...
- ...
- ...
- ...
- ...
- “recovery”, in relation to waste, includes the recovery of materials from waste and the recovery of energy from waste,
- “tender notice” has the same meaning as in section 21(2) of the Procurement Act 2023,
- “treatment”, in relation to waste, shall be construed in accordance with section 29(6) of the Environmental Protection Act 1990,
- ...
- “waste” shall be construed in accordance with section 75 of that Act,
- “waste authority” means—a waste collection authority in Greater London, ora waste disposal authority in Greater London,
- “waste collection authority in Greater London” shall be construed in accordance with section 30(3)(b) of that Act,
- “waste contract” means a contract which includes or is to include provision relating to municipal waste and is made or to be made by a waste authority in the performance of its functions under Part II of that Act (waste on land), and
- “waste disposal authority in Greater London” shall be construed in accordance with section 30(2)(b) of that Act.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Waste recycling plans.
361
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Climate change, energy etc
Duties of Mayor and Assembly with respect to climate change
361A
- (1) The Mayor and the Assembly are each under a duty to address climate change, so far as relating to Greater London.
- (2) In the case of the Mayor, the duty consists of each of the following—
- (a) to take action with a view to mitigation of, or adaptation to, climate change (see subsections (5) and (6) below),
- (b) in exercising any of his functions under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change,
- (c) to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Mayor is to perform the duties imposed on him by paragraph (a) or (b) above.
- (3) In the case of the Assembly, the duty consists of each of the following—
- (a) in exercising any functions of the Assembly under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change,
- (b) to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Assembly is to perform the duties imposed by paragraph (a) above.
- (4) Any reference in this section to functions of the Mayor, or functions of the Assembly, includes a reference to functions exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
- (5) For the purposes of this section—
- (a) “climate change” means changes in climate which are, or which might reasonably be thought to be, the result of human activity altering the composition of the global atmosphere and which are in addition to natural climate variability; and
- (b) “changes in climate” includes a reference to changes in climate which are reasonably expected, or might reasonably be expected, to happen or which are reasonably thought to be happening or to have recently happened.
- (6) In this section—
- “adaptation”, in relation to climate change, means preparation for, or adjustment in response to, any consequences of climate change appearing to the Mayor to affect Greater London;
- “consequences”, in relation to climate change—means consequences which have occurred, are occurring or might reasonably be expected to occur, andincludes any phenomena reasonably thought to be consequences of climate change;
- “mitigation”, in relation to climate change, includes prevention.
The London Environment Strategy: climate change mitigation and energy
361B
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) The provisions of the London Environment Strategy dealing with climate change mitigation and energy shall contain the Mayor's proposals and policies with respect to the contribution to be made in Greater London towards each of the following—
- (a) the mitigation of climate change,
- (b) the achievement of any objectives specified or described in national policies relating to energy.
- (3) The provisions dealing with climate change mitigation and energy must include the Mayor's proposals and policies relating to each of the following—
- (a) minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for the purposes of surface transport,
- (b) minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for purposes other than those of transportation,
- (c) supporting innovation, and encouraging investment, in energy technologies in Greater London,
- (d) promoting the efficient production and use of energy in Greater London.
- (4) In subsection (3) above “other significant greenhouse substances” means substances (other than carbon dioxide)—
- (a) which contribute to climate change, and
- (b) which the Mayor considers it appropriate to deal with in the provisions dealing with climate change mitigation and energy.
- (5) In performing the duty under subsection (3)(c) above, the Mayor must have regard to the desirability of advancing energy technologies which involve the emission of lower levels of substances which contribute to climate change.
- (6) The provisions dealing with climate change mitigation and energy shall also contain information about—
- (a) the pattern of energy use in Greater London,
- (b) the levels of emissions in, or attributable to, Greater London of substances which contribute to climate change,
- (c) the number of households in Greater London in which one or more persons are living in fuel poverty, within the meaning of the Warm Homes and Energy Conservation Act 2000 (see section 1 of that Act),
- (d) the measures to be taken, for the purpose of implementing those provisions, by each of the following—
- (i) the Authority,
- (ii) Transport for London,
- (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) the measures which other bodies or persons are to be encouraged by the Mayor to take for the purpose of implementing those provisions.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) The strategy must not be inconsistent with—
- (a) national policies relating to mitigation of climate change, or
- (b) national policies relating to energy.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) In this section—
- “climate change” has the same meaning as in section 361A above;
- “energy technologies” means technologies for—the production of energy, orthe more efficient or effective use of energy;
- “mitigation” has the same meaning as in section 361A above;
- ...
- “surface transport” means any form of transport other than transport by air.
Directions by the Secretary of State to revise the strategy
361C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The London Environment Strategy: adaptation to climate change
361D
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) The provisions of the London Environment Strategy dealing with adaptation to climate change shall contain—
- (a) the Mayor's assessment of the consequences of climate change for Greater London;
- (b) the Mayor's proposals and policies for adaptation to climate change, so far as relating to Greater London.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) In this section—
- “adaptation”, in relation to climate change, has the same meaning as in section 361A above;
- “consequences”, in relation to climate change, has the same meaning as in section 361A above;
- “climate change” has the same meaning as in section 361A above.
Directions by the Secretary of State to revise the strategy
361E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Air quality
The London Environment Strategy: air quality.
362
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) The provisions of the London Environment Strategy dealing with air quality shall contain the Mayor’s proposals and policies—
- (a) for the implementation in Greater London of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the Environment Act 1995 (national air quality strategy), and
- (b) for the achievement in Greater London of the air quality standards and objectives prescribed in regulations made under section 87(2)(a) and (b) of that Act,
and may contain such other proposals and policies relating to the improvement of air quality in Greater London as the Mayor considers appropriate.
- (3) The provisions of the London Environment Strategy dealing with air quality shall also contain information about—
- (a) the air quality in Greater London and the likely future air quality in Greater London,
- (b) the measures which are to be taken by the Authority and Transport for London for the purpose of the implementation of the provisions of the London Environment Strategy dealing with air quality,
- (c) the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of the implementation of the provisions of the London Environment Strategy dealing with air quality.
- (4) In preparing or revising the provisions of the London Environment Strategy dealing with air quality the Mayor shall have regard—
- (a) to reviews and assessments of air quality made by local authorities in Greater London in accordance with section 82 of the Environment Act 1995,
- (b) to any designation by a local authority in Greater London of an air quality management area in accordance with section 83 of that Act,
- (c) to any plan prepared for the purposes of the achievement of air quality standards by a local authority in Greater London in accordance with section 84(2)(b) of that Act, and
- (d) to any guidance about the content of the provisions of the London Environment Strategy dealing with air quality given to him by the Secretary of State for the purposes of the implementation of the strategy prepared and published by the Secretary of State in accordance with section 80 of that Act, (national air quality strategy).
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Directions by the Secretary of State.
363
- (1) Where the Secretary of State considers that the condition specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the London air quality strategy.
- (2) The conditions mentioned in subsection (1) above are—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) that a direction about the content of the provisions of the London Environment Strategy dealing with air quality is required for the purposes of the implementation of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the Environment Act 1995 (national air quality strategy).
- (3) The power of the Secretary of State to give a direction to the Mayor under subsection (1) above—
- (a) may be exercised either generally or specially, and
- (b) may only be exercised after consultation with the Mayor.
- (4) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.
Duty of local authorities in Greater London.
364
In exercising any function under Part IV of the Environment Act 1995 (air quality) a local authority in Greater London shall have regard to the provisions of the London Environment Strategy dealing with air quality.
Directions by the Mayor.
365
- (1) The Mayor may give a direction to any local authority in Greater London requiring the authority to provide him with such information, advice and assistance as he may require in the preparation and revision of the provisions of the London Environment Strategy dealing with air quality.
- (2) The power of the Mayor to give a direction to an authority under subsection (1) above may be exercised either generally or specially.
- (3) Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.
Interpretation of sections 362 to 365.
366
For the purposes of sections 362 to 365 above “local authority” has the meaning given to it by section 91(1) of the Environment Act 1995.
Directions under the Environment Act 1995.
367
- (1) Section 85 of the Environment Act 1995 (reserve powers of the Secretary of State in relation to air quality) shall be amended in accordance with subsections (2) to (5)below.
- (2) In subsection (1) (definition of “appropriate authority” for the purposes of the section)—
- (a) in paragraph (a), for “England and Wales, the Secretary of State; and” there shall be substituted “ local authorities in England and Wales other than local authorities in Greater London, the Secretary of State; ”, and
- (b) after that paragraph there shall be inserted—
(aa) in relation to local authorities in Greater London, the Mayor of London; and
- (3) After subsection (4) there shall be inserted—
(4A) The powers of the Mayor of London to give directions under this section to a local authority in Greater London may only be exercised after consultation with the local authority concerned. (4B) In exercising any function under subsection (2), (3) or (4) above the Mayor of London shall have regard to any guidance issued by the Secretary of State to local authorities under section 88(1) below.
- (4) In subsection (5) (power of the Secretary of State to give directions relating to obligations under the EU Treaties or to international obligations) after “local authorities” there shall be inserted “ , other than local authorities in Greater London, ”.
- (5) After subsection (6) (publishing of directions under the section) there shall be inserted—
(6A) The Mayor of London shall send a copy of any direction he gives under this section to the Secretary of State.
Duty of the Mayor in relation to air quality action plans.
368
After section 86 of the Environment Act 1995 (functions of county councils in relation to district councils) there shall be inserted—
(86A) (1) Where a local authority in Greater London is preparing an action plan, the Mayor of London (referred to in this section as “the Mayor”) shall, within the relevant period, submit to the authority proposals for the exercise (so far as relating to the designated area) by the Mayor, in pursuit of the achievement of air quality standards and objectives, of any powers exercisable by the Mayor. (2) Where the Mayor submits proposals to a local authority in pursuance of subsection (1) above, he shall also submit a statement of the time or times by or within which he proposes to implement each of the proposals. (3) An action plan shall include a statement of— (a) any proposals submitted pursuant to subsection (1) above; and (b) any time or times set out in the statement submitted pursuant to subsection (2) above.
Consultation with the Mayor.
369
In paragraph 1 of Schedule 11 to the Environment Act 1995 (duty of local authorities to consult certain persons in the exercise of their functions under Part IV of that Act), after sub-paragraph (2) there shall be inserted—
(2A) A local authority specified in sub-paragraph (2B) below shall in carrying out the functions falling within sub-paragraph (1)(a) to (c) above also consult the Mayor of London. (2B) The local authorities mentioned in sub-paragraph (2A) above are— (a) any local authority in Greater London, (b) any local authority whose area is contiguous to the area of Greater London.
Noise
The London Environment Strategy: ambient noise.
370
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) The provisions of the London Environment Strategy dealing with ambient noise shall consist of—
- (a) information about ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London,
- (b) an assessment of the impact of the Mayor’s strategies specified in section 41(1) above on ambient noise levels in Greater London, and
- (c) a summary of action taken, or proposed to be taken, by the Mayor for the purpose of promoting measures to reduce ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London.
- (3) In this section—
- “ambient noise” means—noise related to transport, including road traffic, rail traffic, aircraft and water transport; andnoise of such other descriptions as the Mayor may consider it appropriate to include in the matters dealt with by the provisions of the London Environment Strategy dealing with ambient noise,but does not include noise falling within subsection (4) below; and
- “noise” includes vibration.
- (4) Noise falls within this subsection if it is—
- (a) noise emitted from works falling within section 60(1) of the Control of Pollution Act 1974 (construction works etc. which may be controlled by a local authority);
- (b) noise caused by the operation of a loud-speaker in a street, whether or not the operation would be a contravention of section 62(1) of the Control of Pollution Act 1974 (loud-speaker not to be operated in the street during certain hours);
- (c) noise at work which, under or by virtue of the Health and Safety at Work etc. Act 1974, it is the duty of an employer to control; or
- (d) noise emitted from premises or emitted from or caused by a vehicle, machinery or equipment in a street, except noise caused by aircraft other than model aircraft or noise made by traffic;
but noise does not fall within this subsection if it is noise from a fixed industrial source.
- (5) Expressions used in paragraph (d) of subsection (4) above and in section 79 of the Environmental Protection Act 1990 have the same meaning in that paragraph as they have in that section.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consultation about aviation noise.
371
- (1) A person who provides air navigation services shall consult the Mayor about the matters specified in subsection (2) below where it is reasonably practicable to do so.
- (2) Those matters are—
- (a) the proposed alteration by that person of any route used regularly by civil aircraft before arrival at, or after departure from, any aerodrome;
- (b) the proposed addition by that person of any route to be so used;
- (c) any substantial alteration proposed to be made by that person to procedures used for managing the arrival of civil aircraft at any aerodrome,
where the proposed alteration or addition will have a significant adverse effect on the noise caused by civil aircraft in Greater London.
- (3) For the purposes of subsection (2) above the reference to a route used regularly by civil aircraft includes a reference to the altitude at which such aircraft regularly fly.
- (4) In this section—
- “aerodrome” has the meaning given by subsection (1) of section 105 of the Civil Aviation Act 1982;
- “air navigation services” shall be construed in accordance with that subsection;
- “noise” includes vibration.
Consultation at aerodromes.
372
- (1) Section 35 of the Civil Aviation Act 1982 (facilities to be provided by certain aerodromes for consultation with bodies representing local interests) shall be amended as follows.
- (2) After subsection (2) (persons or bodies to be consulted) there shall be inserted—
(3) The reference in subsection (2)(b) above to any local authority includes in relation to the area of Greater London a reference to the Mayor of London acting on behalf of the Greater London Authority.
Miscellaneous and supplementary
Functional bodies to have regard to strategies under this Part.
373
In exercising any function, each of the functional bodies shall have regard to the strategies prepared and published by the Mayor under this Part.
Abolition of the London Ecology Committee.
374
The joint committee appointed pursuant to the provisions of Part VI of the Local Government Act 1972 and known as “the London Ecology Committee” is abolished by this section.
Part X — Culture, Media and Sport
Chapter I — Culture Strategy and tourism
The Cultural Strategy Group for London.
375
- (1) There shall be a body corporate to be known as the Cultural Strategy Group for London.
- (2) The Cultural Strategy Group for London shall have—
- (a) the function of providing advice to the Mayor on the contents and implementation of the culture strategy under section 376 below; and
- (b) such other functions as may be conferred or imposed on, or made exercisable by, them by or under any other enactment, whenever passed or made.
- (3) Schedule 30 to this Act shall have effect with respect to the Cultural Strategy Group for London.
The Mayor’s culture strategy.
376
- (1) The Cultural Strategy Group for London shall formulate and submit to the Mayor a draft strategy containing proposed policies with respect to culture, media and sport in Greater London.
- (2) As soon as reasonably practicable after the draft strategy has been submitted to the Mayor, the Mayor shall prepare and publish a document to be known as the “culture strategy”.
- (3) The culture strategy published under subsection (2) above shall be the draft strategy submitted to the Mayor under subsection (1) above, with such modifications (if any) as the Mayor considers appropriate.
- (4) The Cultural Strategy Group for London shall keep the culture strategy under review and may submit proposed revisions of it to the Mayor.
- (4A) Before submitting any proposed revisions under subsection (4) above, the Cultural Strategy Group for London must consult each of the designated consultative bodies (see subsection (10)).
- (5) The policies that may be contained in the culture strategy include policies with respect to each of the following matters—
- (a) the arts, tourism and sport;
- (b) ancient monuments and sites;
- (c) buildings and other structures which are of historical or architectural interest or which otherwise form part of the heritage of Greater London;
- (d) museums and galleries;
- (e) library services;
- (f) archives;
- (g) treasure, and antiquities of a movable nature;
- (h) broadcasting, film production and other media of communication.
- (6) The Mayor may give the Cultural Strategy Group for London directions requiring the draft strategy to be formulated and submitted under subsection (1) above not later than such date as may be specified in the directions.
- (7) The Cultural Strategy Group for London shall comply with any directions under subsection (6) above.
- (8) Where the Mayor revises the culture strategy otherwise than in response to proposed revisions submitted by the Cultural Strategy Group for London under subsection (4) above, then, in the case of that revision—
- (a) the bodies and persons required to be consulted under section 42(1)(b) above shall include the Cultural Strategy Group for London; and
- (b) the references in subsections (2) and (3) of section 42A above to the functional bodies shall be taken to include a reference to the Cultural Strategy Group for London.
- (8A) Where, by virtue of subsection (8)(a) above, the Mayor consults the Cultural Strategy Group for London, the Cultural Strategy Group for London must consult the designated consultative bodies before submitting any comments in response to the Mayor.
- (9) In this Act, references to the culture strategy include, except where the context otherwise requires, a reference to the culture strategy as revised.
- (10) For the purposes of this section, the “designated consultative bodies” are the following—
- Archives, Libraries and Museums London
- the Arts Council of England
- ...
- the English Sports Council
- the Historic Buildings and Monuments Commission for England
- the Museums, Libraries and Archives Council
- the UK Film Council.
- (11) The Secretary of State may by order amend subsection (10) above—
- (a) by adding or removing bodies, or
- (b) by amending names of bodies,
but not so as to include any body that does not have functions relating to sport, culture or the arts.
Assistance by the Mayor for museums, galleries etc.
377
- (1) The Authority may provide financial or other assistance for the purposes of any museum, gallery, library, archive or other cultural institution in Greater London.
- (2) Any assistance under this section may be provided subject to conditions.
- (3) The conditions that may be imposed under subsection (2) above include in particular—
- (a) conditions with respect to the keeping, and production for inspection, of accounts and records; and
- (b) conditions requiring the making of repayments in respect of financial assistance in whole or in part.
The Mayor's duty to exercise certain powers of appointment
377A
- (1) Subsection (2) below applies where any power to make an appointment of a prescribed description in the case of a prescribed body is exercisable by the Mayor.
- (2) If the body requests the Mayor to exercise the power, he must do so as soon as reasonably practicable after the making of the request.
- (3) Any request under subsection (2) above must be in writing.
- (4) Where—
- (a) an instrument of any description states that an appointment of a particular description is to be made by the Mayor, and
- (b) the circumstances are such that an appointment of that description falls to be made,
the power to make the appointment is to be taken for the purposes of this section to be a power exercisable by the Mayor.
- (5) In this section “prescribed” means specified in, or determined in accordance with, an order made by the Secretary of State.
- (6) Different descriptions (and different numbers) of appointments may be prescribed under this section in the case of different bodies.
- (7) The only bodies that may be prescribed under this section are bodies that have functions relating to sport, culture or the arts.
Duty of the Authority to promote tourism.
378
- (1) The functions of the Authority shall include the duty—
- (a) to encourage people to visit Greater London;
- (b) to encourage people from outside the United Kingdom to visit the United Kingdom by way of Greater London; and
- (c) to encourage the provision and improvement of tourist amenities and facilities in Greater London.
- (2) The Authority shall have power to do anything—
- (a) for the purpose of discharging the functions conferred on it by this section; or
- (b) which is incidental or conducive to the discharge of those functions.
- (3) For the purpose of discharging the functions conferred on it by this section, the powers of the Authority shall (in particular) include power—
- (a) to undertake publicity or other promotional activities in any form;
- (b) to provide advisory and information services;
- (c) to promote or undertake research;
- (d) to enter into arrangements with any other person or organisation for or in connection with the carrying on by that person or organisation of any activity which the Authority has power to carry on under this section.
- (4) The Authority shall have power by virtue of subsections (2) and (3) above to carry on any activities outside the United Kingdom for the purpose of encouraging people—
- (a) to visit Greater London or any part of it, or
- (b) to visit the United Kingdom by way of Greater London.
- (5) In discharging its functions under subsections (1) to (4) above, the Authority shall have regard to the desirability of undertaking appropriate consultation and, in appropriate cases, co-operating with—
- (a) the Secretary of State;
- (aa) the National Assembly for Wales
- (b) any Tourist Board; or
- (c) any other persons who, or organisations which, have knowledge of, or are interested in, matters affecting the discharge of those functions.
- (6) The Authority shall have power to provide financial or other assistance—
- (a) to persons or organisations discharging in relation to Greater London or any part of Greater London functions corresponding to those of the Authority under this section; or
- (b) to any other person or organisation, for the purpose of discharging any of the Authority’s functions under subsections (1) to (4) above.
- (7) Where the Authority provides assistance under subsection (6) above, it may do so subject to conditions.
- (8) The conditions that may be imposed under subsection (7) above include in particular—
- (a) conditions with respect to the keeping, and production for inspection, of accounts and records; and
- (b) conditions requiring the making of repayments in respect of financial assistance in whole or in part.
- (9) The Authority may charge for its services and receive contributions towards its expenses in carrying out any of its functions under this section.
- (10) Nothing in this section authorises the Authority to borrow money otherwise than as provided by the other provisions of this Act.
- (11) In this section “Tourist Board” means—
- (a) the British Tourist Authority;
- (b) the English Tourist Board;
- (c) the Northern Ireland Tourist Board; or
- (d) VisitScotland ; or
- (e) the Wales Tourist Board.
Authority’s duty to provide advice on tourism.
379
It shall be the duty of the Authority to advise—
- (a) any Minister of the Crown,
- (b) the British Tourist Authority, or
- (c) the English Tourist Board,
on such matters relating to tourism in Greater London as the Minister or, as the case may be, that Authority or Board may refer to it or as the Authority thinks fit.
Delegation of Authority’s functions.
380
- (1) Any function exercisable on behalf of the Authority by the Mayor under or by virtue of this Part shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
- (2) Those bodies and persons are—
- (a) the Deputy Mayor;
- (b) any member of staff of the Authority;
- (c) the Cultural Strategy Group for London;
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) the Common Council;
- (f) any local authority.
- (3) In the case of the Common Council or a local authority, an authorisation under this section—
- (a) may only be granted or varied with its written consent; and
- (b) shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.
- (4) Subject to subsection (5A), where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
- (5) Subject to subsection (5A), subsection (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by—
- (a) a committee or sub-committee, or a member, officer or employee, of the body or person, or
- (b) a joint committee on which the person or body is represented,
except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
- (5A) Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by a local authority which are operating executive arrangements—
- (a) that duty shall be treated as a function of that local authority for the purposes of section 13 of the Local Government Act 2000; and
- (b) if, or to the extent that, that duty is a function which is the responsibility of the executive of that authority,
- (i) subsections (4) and (5) above shall not apply; and
- (ii) sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
- (6) Subsection (1) above does not apply—
- (a) in relation to functions under this section;
- (aa) in relation to any function of making an appointment in a case where section 377A above applies; or
- (b) in relation to any function of making byelaws under section 385(1) below.
- (7) An authorisation under subsection (1) above which relates to—
- (a) any function under section 376 above, or
- (b) the exercise of any function under or by virtue of section 383(1) or 384(3) below to the extent that it involves a determination as to whether to permit a public demonstration to take place in Trafalgar Square or Parliament Square Garden,
may only be given to the Deputy Mayor or a member of staff of the Authority.
- (8) An authorisation under subsection (1) above which relates to any function of enforcing any byelaws made under section 385(1) below may only be given—
- (a) to the Deputy Mayor,
- (b) to any member of staff of the Authority,
- (c) to the Common Council,
- (d) to any local authority.
- (9) Each of the following bodies, namely—
- (a) the Cultural Strategy Group for London,
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) the Common Council,
- (d) any local authority,
shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
- (10) Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor—
- (a) to a local authority, or
- (b) to the Cultural Strategy Group for London, ...
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as they apply to arrangements under that section between one local authority and another.
- (11) An authorisation under this section may be varied or revoked at any time by the Mayor.
- (12) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
- (13) In this section—
- “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
- “Trafalgar Square” has the same meaning as in the Trafalgar Square Act 1844;
- “Parliament Square Garden” means the central garden of Parliament Square, within the meaning of section 384 below.
Grants to the Authority for its tourism functions.
381
- (1) The Secretary of State may pay to the Authority grants of such amounts in respect of expenditure incurred or to be incurred by the Authority in the exercise, or in any particular exercise, of any of the Authority’s tourism functions as he may with the consent of the Treasury determine.
- (2) A grant under subsection (1) above may be made subject to such conditions as the Secretary of State may, with the consent of the Treasury, determine.
- (3) The conditions that may be imposed by virtue of subsection (2) above include in particular—
- (a) conditions with respect to the keeping, and production for inspection, of accounts and records;
- (b) conditions relating to the level of performance to be achieved by the Authority in respect of any of its tourism functions and the consequences of failure to achieve that level; and
- (c) conditions requiring repayment of the grant in whole or in part.
Interpretation of Chapter I.
382
- (1) In this Chapter—
- “tourism functions”, in relation to the Authority, means the Authority’s functions under section 378 above;
- “tourist amenities and facilities” means, in relation to any area, amenities and facilities that might be used—by visitors to that area, orby other people travelling within that area for the purposes of business or leisure.
- (2) The functions conferred or imposed on the Authority under or by virtue of this Chapter shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
- (3) Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the Assembly.
Chapter II — Trafalgar Square and Parliament Square
Trafalgar Square.
383
- (1) The functions of the Secretary of State under section 2 of the Trafalgar Square Act 1844 (care, control, management and regulation of the Square and its ornaments etc) are transferred by this subsection to the Authority.
- (2) In that section, the words from “by and out of such Monies” to “by Authority of Parliament” shall cease to have effect.
- (3) The functions transferred to the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Parliament Square.
384
- (1) The land comprised in the site of the central garden of Parliament Square (which, at the passing of this Act, is vested in the Secretary of State for Culture, Media and Sport) is by this subsection transferred to and vested in Her Majesty as part of the hereditary possessions and revenues of Her Majesty.
- (2) Nothing in subsection (1) above affects—
- (a) any sewers, cables, mains, pipes or other apparatus under that site, or
- (b) any interest which was, immediately before the passing of this Act, vested in London Regional Transport or any of its subsidiaries.
- (3) The care, control, management and regulation of the central garden of Parliament Square shall be functions of the Authority.
- (4) It shall be the duty of the Authority well and sufficiently to light, cleanse, water, pave, repair and keep in good order and condition the central garden of Parliament Square.
- (5) The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.
- (6) In consequence of the preceding provisions of this section, any functions of the Secretary of State under or by virtue of section 22 of the Crown Lands Act 1851 (duties and powers of management in relation to the royal parks, gardens and possessions there mentioned), so far as relating to the whole or any part of the central garden of Parliament Square, shall determine.
- (7) Subsections (3) and (4) above shall have effect notwithstanding any law, statute, custom or usage to the contrary.
- (8) Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
- (9) In this section “the central garden of Parliament Square” means the site in Parliament Square on which the Minister of Works was authorised by the Parliament Square (Improvement) Act 1949 to lay out the garden referred to in that Act as “the new central garden”.
Byelaws.
385
- (1) The Authority may make and enforce such byelaws to be observed by persons using Trafalgar Square or Parliament Square Garden as the Authority considers necessary for securing the proper management of those Squares and the preservation of order and the prevention of abuses there.
- (2) Byelaws under this section may designate specified provisions of the byelaws as trading byelaws.
- (3) A person who contravenes or fails to comply with any byelaw under this section shall be guilty of an offence and liable on summary conviction—
- (a) if the byelaw is a trading byelaw, to a fine not exceeding level 3 on the standard scale, or
- (b) in any other case, to a fine not exceeding level 1 on the standard scale.
- (4) The provision that may be made in byelaws under this section includes provision for or in connection with—
- (a) the licensing of any trading; and
- (b) the seizure, retention or disposal of any property in connection with any contravention of or failure to comply with any byelaw under this section.
- (5) The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.
- (6) Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
- (6A) Byelaws under this section may not be made as respects Parliament Square Garden for the purpose of prohibiting a particular activity so far as that activity is a prohibited activity for the purposes of Part 3 of the Police Reform and Social Responsibility Act 2011 (see section 143(2) of that Act).
- (7) In this section—
- “Trafalgar Square” has the same meaning as in the Trafalgar Square Act 1844;
- “Parliament Square Garden” means the central garden of Parliament Square, within the meaning of section 384 above.
Guidance.
386
- (1) The Secretary of State may issue guidance to the Mayor concerning the exercise of any function under or by virtue of section 383(1), 384(3) or (4) or 385(1) above by him or any body or person authorised to exercise the function under section 380 above.
- (2) In deciding whether or how to exercise that function, the Mayor, or body or person, shall have regard to any guidance issued under subsection (1) above.
Part XI — Miscellaneous and General Provisions
Application of enactments
The Trustee Investments Act 1961.
387
- (1) The Trustee Investments Act 1961 shall be amended as follows.
- (2) In section 11 (local authority investment schemes) in subsection (4) (the authorities to which the section applies) in paragraph (a)—
- (a) after “England and Wales” there shall be inserted “ , the Greater London Authority, ”; and
- (b) after “Common Council of the City of London” there shall be inserted “ , a functional body (within the meaning of the Greater London Authority Act 1999), ”.
- (3) In Schedule 1, in Part II (narrower-range investments requiring advice), in paragraph 9—
- (a) after paragraph (a) there shall be inserted—
(aa) the Greater London Authority; (ab) any functional body, within the meaning of the Greater London Authority Act 1999;
; and
- (b) in paragraph (d), the words “the Receiver for the Metropolitan Police District or” shall cease to have effect.
The Local Authorities (Goods and Services) Act 1970.
388
In section 1(4) of the Local Authorities (Goods and Services) Act 1970, in the definition of “local authority”—
- (a) after “London borough,” there shall be inserted “ the Greater London Authority, ”; and
- (b) after “any joint authority established by Part IV of the Local Government Act 1985” there shall be inserted “ and the London Fire and Emergency Planning Authority, Transport for London and the London Development Agency ”.
The Superannuation Act 1972.
389
- (1) Employment with—
- (a) the Authority,
- (b) Transport for London,
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) the Mayor's Office for Policing and Crime, or
- (e) the London Transport Users’ Committee,
shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.
- (2) Accordingly, in Schedule 1 to that Act (in which those kinds of employment are listed) the following entries shall be inserted in the list of “Other bodies” at the appropriate places—
The Greater London Authority.
The London Development Agency.
The London Transport Users’ Committee.
The Metropolitan Police Authority.
Transport for London.
- (3) Each of the bodies specified in subsection (1) above shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to this section (so far as referable to that body) in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.
- (4) Where an employee of any of the bodies specified in subsection (1) above—
- (a) is, by reference to that employment, a participant in a scheme under section 1 of the Superannuation Act 1972, and
- (b) is also a member of that body,
the Minister for the Civil Service may determine that his service as such a member shall be treated for the purpose of the scheme as service as an employee of that body.
- (5) A determination under subsection (4) above shall be without prejudice to—
- (a) paragraph 2(6) of Schedule 10 to this Act, in the case of Transport for London;
- (b) paragraph 2 of Schedule 18 to this Act, in the case of the London Transport Users’ Committee; or
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Superannuation Act 1972: delegation of functions.
390
- (1) The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to any person the function of administering a scheme made under section 1 of the Superannuation Act 1972, so far as relating to employees of any of the bodies specified in section 389(1) above.
- (2) A person to whom the function of administering a scheme made under section 1 of the Superannuation Act 1972 is delegated under subsection (1) above may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person.
- (3) Where a person is authorised under subsection (2) above to exercise the function of administering a scheme made under section 1 of the Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.
- (4) Subsection (3) above does not apply for the purposes of—
- (a) any criminal proceedings against the authorised person (or any employee of his); or
- (b) any contract between him and the person who authorised him, so far as relating to the function.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
391
The Stock Transfer Act 1982.
392
- (1) In Schedule 1 to the Stock Transfer Act 1982 (specified securities) paragraph 7 (securities issued by local authorities etc) shall be amended as follows.
- (2) In sub-paragraph (1), at the end of paragraph (ba) there shall be inserted “ or ” and paragraph (c) (which relates to the Receiver for the Metropolitan Police District) and the word “or” immediately preceding it shall cease to have effect.
- (3) In sub-paragraph (2) (which defines “local authority”) in paragraph (a)—
- (a) after “namely,” there shall be inserted “ the Greater London Authority, ”; and
- (b) after “Common Council of the City of London” there shall be inserted “ , a functional body (within the meaning of the Greater London Authority Act 1999), ”.
Companies
Companies in which local authorities have interests.
393
- (1) In Part V of the Local Government and Housing Act 1989 (companies in which local authorities have interests) section 67 (application of, and orders under, the Part) shall be amended as follows.
- (2) In subsection (3) (which specifies the bodies which are local authorities for the purposes of the Part) after paragraph (b) there shall be inserted—
(bb) the Greater London Authority; (bc) a functional body, within the meaning of the Greater London Authority Act 1999;
Investigation of functional bodies
Investigation by the Commission for Local Administration.
394
- (1) Section 25(1) of the Local Government Act 1974 (which specifies the bodies which are subject to investigation under Part III of that Act) shall be amended as follows.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) After paragraph (c) there shall be inserted—
(cza) the London Fire and Emergency Planning Authority;
- (4) After paragraph (ca) (police authority established under section 3 of the Police Act 1996) there shall be inserted—
(caa) the Metropolitan Police Authority;
- (5) After paragraph (cb) there shall be inserted—
(cc) Transport for London; and
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information etc.
Provision of information, advice and assistance by functional bodies.
395
- (1) Subject to the following provisions of this section, the functional bodies shall provide the Mayor with such information, advice and assistance as he may by notice request.
- (2) The information, advice or assistance that may be requested under subsection (1) above is such information, advice or assistance as the Mayor may reasonably require for the purpose of discharging functions of the Authority which are exercisable by him.
- (3) The Secretary of State may by order—
- (a) prescribe categories of information which a functional body may refuse to provide to the Mayor under subsection (1) above, or
- (b) impose further limitations on the exercise of the powers conferred on the Mayor by subsection (1) above.
Research and collection of information: London Research Centre etc.
396
- (1) The Authority—
- (a) may carry out, or assist in carrying out, investigations into, or the collection of information relating to, any matters concerning Greater London or any part of it; and
- (b) may make, or assist in making, arrangements whereby any such information is, or the results of any such investigation are, made available to any government department, any local authority in Greater London, any other body or person, or the public.
- (2) The Secretary of State may make regulations requiring the Authority to carry out, or assist in carrying out, under subsection (1)(a) above investigations into, or the collection of information relating to, such matters as may be specified in the regulations or matters of such a description as may be so specified.
- (3) Regulations under subsection (2) above may make provision requiring the Authority to make, or assist in making, arrangements whereby any such information is, or the results of any such investigation are, made available to—
- (a) government departments;
- (b) bodies or persons specified, or of a description specified, in the regulations; or
- (c) the public.
- (4) The Secretary of State may make regulations requiring the Authority to make, or assist in making, arrangements whereby information falling within subsection (5) below which is in the possession of the Authority is made available to any of the bodies and persons mentioned in subsection (3)(a) to (c) above.
- (5) The information which falls within this subsection is—
- (a) information collected, or the result of any investigation carried out, by the Authority under subsection (1)(a) above, and
- (b) information collected, or the result of any investigation carried out, other than by the Authority which has been transferred to the Authority by virtue of an order under section 408 below or a scheme under section 409 below.
- (6) Any functions conferred or imposed on the Authority by or under this section shall be exercisable by the Mayor acting on behalf of the Authority.
- (7) Subsection (6) above does not apply in relation to any function expressly conferred or imposed on the Assembly by regulations under subsection (2) above.
- (8) The Mayor shall from time to time, and at least once in every year, consult each London borough council and the Common council about the exercise of the Authority’s functions under subsection (1) above.
- (9) Before making any regulations under subsection (2) above, the Secretary of State shall consult the Mayor, the Assembly, every London borough council and the Common Council.
- (10) Any scheme made for Greater London under subsection (1) of section 88 of the Local Government Act 1985 (research and collection of information) is revoked by this subsection.
- (11) In that section—
- (a) in subsection (1), the words “Greater London or”, and
- (b) subsection (12)(a),
shall cease to have effect.
- (12) After subsection (13) of that section (power of London borough councils etc to exercise functions described in subsection (1)(a) and (b) of that section) there shall be inserted—
(13A) In the application of subsection (13) above in relation to a London borough council or the Common Council, paragraphs (a) and (b) of subsection (1) above shall have effect with the substitution of “Greater London” for “that area”.
Information schemes.
397
- (1) The Mayor may make schemes for the collection of information relating to any matters concerning Greater London or any part of it.
- (2) The schemes that may be made under this section include schemes under which each London local authority must provide to the Mayor, in accordance with the scheme, information—
- (a) required by the Mayor to be provided; and
- (b) falling within such description of information as is specified in the scheme.
- (3) A scheme under this section may be made only after consultation with each London local authority.
- (4) A scheme under this section shall have effect so as to be binding on all the London local authorities only if at least two-thirds of those authorities give their agreement to the scheme.
- (5) A scheme under this section shall state whether or not it is to remain in effect indefinitely and, if it is not to remain in effect indefinitely, shall state the period for which it is to remain in effect.
- (6) A scheme under this section may include provision relating to—
- (a) the method by which information to be collected or provided under the scheme is to be analysed;
- (b) the form in which such information is to be collected or provided;
- (c) the ownership of information collected or provided under the scheme;
- (d) the method by which information is to be transferred or stored under the scheme;
- (e) the persons to whom information collected or provided under the scheme may, or must not, be disclosed;
- (f) bearing the costs of the scheme.
- (7) The provision which may be made by virtue of subsection (6)(f) above includes in particular provision—
- (a) for the costs of collecting or providing information of a description specified in the scheme to be borne by the Mayor or a London local authority or by both the Mayor and a London local authority in such proportions as may be specified by or under the scheme;
- (b) for the recovery of costs related to the scheme by the Mayor from a London local authority, by a London local authority from the Mayor or by a London local authority from another such authority.
- (8) A scheme under this section may contain such supplementary provision as the Mayor considers necessary or expedient.
- (9) The powers of the Mayor under this section are without prejudice to any other power of the Mayor under or by virtue of this Act to require any London local authority to provide information.
- (10) For the purposes of this section “London local authority” means a London borough council or the Common Council.
Schemes for the provision of information by London councils: supplementary.
398
- (1) Where—
- (a) a scheme is made by virtue of subsection (2) of section 397 above, but
- (b) the agreement of at least two-thirds of the London local authorities is not given to the scheme as mentioned in subsection (4) of that section,
the Mayor may apply to the Secretary of State for a direction that the scheme is to have effect so as to be binding on all those authorities.
- (2) A direction by the Secretary of State under subsection (1) above shall specify the date from which the scheme is to have effect by virtue of the direction.
- (3) Before giving a direction under subsection (1) above the Secretary of State shall consult each London local authority and may give such a direction only if he considers—
- (a) that the provision of information of the description which may be required by the Mayor to be provided under the scheme is necessary for the exercise of functions of the Authority; and
- (b) that the provisions of the scheme will not impose an unreasonable financial burden on the London local authorities.
- (4) For the purposes of any scheme made by virtue of subsection (2) of section 397 above each London local authority shall have power to collect any information which is required to be provided by that authority to the Mayor under the scheme.
- (5) For the purposes of this section a London local authority means a London borough council or the Common Council.
Revocation or variation of information schemes.
399
- (1) A scheme under section 397 above may at any time—
- (a) be revoked by the Mayor; or
- (b) be varied by the Mayor in accordance with the terms of the scheme or by agreement between the Mayor and at least two-thirds of the London local authorities.
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