Greater London Authority Act 1999

Type Public General Act
Publication 1999-11-11
Last updated 2026-08-05
State In force
Department Statute Law Database
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articles Not indexed
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  • (8) If the acting Deputy Chair becomes Mayor, Deputy Mayor, Chair of the Assembly or Deputy Chair of the Assembly, a vacancy shall occur in the office of acting Deputy Chair.

SCHEDULE 4A — Confirmation hearings etc

Application of Schedule

1
  • (1) This Schedule has effect where the Mayor proposes to make an appointment to any of the offices specified in section 60A(3) of this Act.
  • (2) If the Mayor decides to appoint himself to any of those offices—
  • (a) he must notify the Assembly of that fact, but
  • (b) the following provisions of this Schedule do not have effect in relation to the appointment of the Mayor to that office.
  • (3) This Schedule also has effect where the Mayor's Office for Policing and Crime proposes to make an appointment, under section 19 of the Police Reform and Social Responsibility Act 2011, of a person to be the Deputy Mayor for Policing and Crime.
  • (4) In the application of this Schedule in relation to such an appointment, references to the Mayor are to be read as references to the Mayor's Office for Policing and Crime.
  • (5) Paragraph 9 does not apply in relation to such an appointment (but see section 32 of the Police Reform and Social Responsibility Act 2011).
  • (6) Paragraph 10 applies in relation to such an appointment if the candidate is not a member of the London Assembly.
  • (7) Paragraphs 2, 4 and 5 are subject to paragraph 10.
  • (8) Paragraph 9 does not apply in relation to—
  • (a) the appointment of a person as the London Fire Commissioner, or
  • (b) the appointment of a person as the Deputy Mayor for Fire under section 67(1)(b),

(but see section 327H).

  • (9) Paragraph 11 applies to—
  • (a) the appointment of a person as the London Fire Commissioner, and
  • (b) the appointment of a person as the Deputy Mayor for Fire under section 67(1)(b) if the candidate is not a member of the Assembly.
  • (10) Paragraphs 2, 4 and 5 are subject to paragraph 11.

Mayor not to make appointment until end of confirmation process

2
  • (1) The Mayor must not make any appointment to the office until the end of the confirmation process has been reached.
  • (2) The end of the confirmation process is reached when—
  • (a) the Mayor has given the Assembly the notification required by paragraph 5(2) below (acceptance or rejection of Assembly's recommendation), or
  • (b) the period of 3 weeks described in sub-paragraph (3) of paragraph 4 below has expired without any recommendation under that paragraph being given to the Mayor by the Assembly.

Duty of Mayor to notify Assembly

3
  • (1) The Mayor must notify the Assembly of the person (“the candidate”) whom he proposes to appoint to the office.
  • (2) The notification must contain the following information—
  • (a) the candidate's name;
  • (b) the candidate's address for correspondence;
  • (c) the office to which the Mayor proposes to appoint the candidate;
  • (d) the reasons why the candidate is the person the Mayor proposes to appoint to the office.

Assembly to make recommendation to the Mayor

4
  • (1) This paragraph applies when the Mayor has given that notification to the Assembly.
  • (2) The Assembly must make a recommendation to the Mayor as to whether or not the candidate should be appointed to the office.
  • (3) The recommendation must be given to the Mayor in writing before the end of the period of 3 weeks beginning with the day on which the Assembly receives the notification from the Mayor.
  • (4) In calculating the period of 3 weeks mentioned in sub-paragraph (3) above, no regard shall be had to the period beginning with the day of the poll at an ordinary election and ending with the day on which the Chair of the Assembly and the Deputy Chair of the Assembly are elected under section 52(2) of this Act.

The Mayor's response to the recommendation

5
  • (1) The Mayor may accept or reject the Assembly's recommendation.
  • (2) The Mayor must notify the Assembly of his decision whether to accept or reject the recommendation.

Power to request candidate to attend confirmation hearing or produce documents

6
  • (1) The Assembly may decide to hold a confirmation hearing before deciding the recommendation that is to be made to the Mayor.
  • (2) In this Schedule “confirmation hearing” means a meeting at which the candidate is requested to appear for the purpose of answering questions relating to the proposed appointment.
  • (3) In this Schedule “appear”, in relation to a meeting, means—
  • (a) attend in person, or
  • (b) participate in proceedings by means of any device that enables a person to hear and be heard in the proceedings as they happen, without attending in person.
  • (4) The Assembly may decide to request the candidate to produce, whether at a confirmation hearing or otherwise, documents which are in his possession or under his control and which relate to the proposed appointment.

Procedure for requesting candidate's appearance at confirmation hearing

7
  • (1) This paragraph applies where the Assembly decides to hold a confirmation hearing.
  • (2) The head of the Authority's paid service must give the candidate a notice requesting him to appear at the confirmation hearing.
  • (3) The notice must state the date on which, and the time and place at which, the confirmation hearing is to take place.
  • (4) The notice must state whether the candidate is requested to attend in person.
  • (5) If the candidate is not requested to attend in person, the notice must specify or describe the means by which the candidate may appear.
  • (6) The notice must be given to the candidate at least one week before the day on which the confirmation hearing is to take place, unless the candidate waives this right.
  • (7) The notice is to be taken to have been given to the candidate if it is sent by—
  • (a) registered post, or
  • (b) a recorded delivery service,

to the address for correspondence specified in the Mayor's notification under paragraph 3 above.

  • (8) Sections 61 and 62 of this Act (power to require attendance at meetings and procedure for doing so) do not apply in relation to the candidate in the case of a confirmation hearing.

Restriction of information etc

8
  • (1) This paragraph applies in relation to—
  • (a) any confirmation hearing, and
  • (b) any document which the candidate is requested to produce by virtue of paragraph 6(4) above.
  • (2) The Secretary of State may by order make provision for any order for the time being in force under section 63 of this Act (restriction of information) to have effect (with or without modifications) in relation to the candidate as it has effect in relation to a person required to attend proceedings or produce documents under section 61(1)(a) or (b) of this Act.
  • (3) The candidate is not obliged to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England or Wales.

Discharge of Assembly's functions by Assembly, ordinary committee or Chair of Assembly

9
  • (1) The Assembly may arrange under section 54(1)(a) of this Act for any of its functions under this Schedule to be discharged on its behalf by an ordinary committee.
  • (2) The Assembly may arrange under section 54(1)(b) of this Act for any of the following functions to be discharged on its behalf by the Chair of the Assembly—
  • (a) its function under paragraph 6(1) above of deciding whether to hold a confirmation hearing;
  • (b) its function under paragraph 6(4) above of deciding whether to request the candidate to produce any documents.
  • (3) Except as provided by sub-paragraphs (1) and (2) above, neither the Assembly nor an ordinary committee may arrange for the discharge of any functions under this Schedule on its behalf by—
  • (a) any committee or sub-committee, or
  • (b) a single member of the Assembly.
10
  • (1) The London Assembly may veto the appointment of the candidate as Deputy Mayor for Policing and Crime if the candidate is not a member of the London Assembly.
  • (2) The exercise of that power of veto in relation to an appointment is not valid unless the London Assembly—
  • (a) has held a confirmation meeting in relation to the appointment before the exercise of the power; and
  • (b) notifies the Mayor's Office for Policing and Crime of the veto within the period of 3 weeks described in paragraph 4(3).
  • (3) If the London Assembly vetoes the appointment of the candidate, the Mayor's Office for Policing and Crime must not appoint the candidate.
  • (4) References in this Schedule to the London Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed as Deputy Mayor for Policing and Crime.
  • (5) For that purpose, the London Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.
11
  • (1) The Assembly may veto—
  • (a) the appointment of the candidate as the London Fire Commissioner, or
  • (b) the appointment of the candidate as the Deputy Mayor for Fire if the candidate is not a member of the Assembly.
  • (2) The exercise of that power of veto in relation to an appointment is not valid unless the Assembly—
  • (a) has held a confirmation meeting in relation to the appointment before the exercise of the power; and
  • (b) notifies the Mayor of the veto within the period of 3 weeks described in paragraph 4(3).
  • (3) If the Assembly vetoes the appointment of the candidate, the Mayor must not appoint the candidate.
  • (4) References in this Schedule to the Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed—
  • (a) as the London Fire Commissioner, or
  • (b) as the Deputy Mayor for Fire.
  • (5) For that purpose, the Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.

SCHEDULE 5 — Promotion of Bills in Parliament by the Authority

Preliminary requirements

1

No Bill may be deposited in Parliament by virtue of section 77(1)(a) of this Act until the requirements of paragraphs 2 and 4 below have been complied with.

Consultation on draft Bill

2
  • (1) The Mayor shall—
  • (a) prepare a draft of the proposed Bill (“the draft Bill”);
  • (b) send copies of the draft Bill to the bodies specified in sub-paragraph (2) below; and
  • (c) consult those bodies about the draft Bill.
  • (2) Those bodies are—
  • (a) the Assembly;
  • (b) every London borough council; and
  • (c) the Common Council.
  • (3) Where the Mayor sends copies of the draft Bill to those bodies pursuant to sub-paragraph (1)(b) above, he shall also give those bodies notice of the time within which, and the place at which, they may make representations about the draft Bill.

Publicity for, and exposure of, the draft Bill

3
  • (1) Throughout the consultation period, the Mayor shall take such steps as in his opinion will give adequate publicity to the draft Bill.
  • (2) A copy of the draft Bill shall be kept available by the Mayor for inspection by any person on request free of charge—
  • (a) at the principal offices of the Authority, and
  • (b) at such other places as the Mayor considers appropriate,

at reasonable hours throughout the consultation period.

  • (3) A copy of the draft Bill, or of any part of the draft Bill, shall be supplied to any person on request during the consultation period for such reasonable fee as the Mayor may determine.
  • (4) In this paragraph “the consultation period” means the period which—
  • (a) begins with the first day after the requirements of paragraph 2(1)(b) above have been complied with; and
  • (b) ends with the time notified pursuant to paragraph 2(3) above.

Consultation on revised draft Bill

4
  • (1) If, after considering any representations made about the draft Bill pursuant to paragraph 2 above, the Mayor decides to continue with the proposal for a Bill to be promoted, he shall prepare a revised draft of the proposed Bill (“the revised draft Bill”).
  • (2) The revised draft Bill must be in the form of the draft Bill, either as originally prepared or as modified to take account of—
  • (a) representations made pursuant to paragraph 2 above;
  • (b) other representations made within the consultation period; or
  • (c) other material considerations.
  • (3) After the expiration of at least 30 days from the beginning of the consultation period, the Mayor shall—
  • (a) send a copy of the revised draft Bill to the Assembly; and
  • (b) consult the Assembly about it.
  • (4) Where the Mayor sends a copy of the revised draft Bill to the Assembly pursuant to sub-paragraph (3)(a) above, he shall also give the Assembly notice of the period within which it may make representations to him about the revised draft Bill.
  • (5) The period specified under sub-paragraph (4) above must be such as will afford the Assembly a reasonable opportunity to consider the revised draft Bill and make representations about it to the Mayor.
  • (6) In this paragraph “the consultation period” has the same meaning as in paragraph 3 above.

Deposition of the Bill in Parliament

5

If, after the requirements of paragraph 4 above have been complied with, a Bill is deposited in Parliament by virtue of section 77(1)(a) of this Act, that Bill must be in the form of the revised draft Bill, either as originally prepared or as modified to take account of—

  • (a) representations made by the Assembly pursuant to paragraph 4 above; or
  • (b) other material considerations.

Bills affecting statutory functions of London local authorities

6

If a Bill proposed to be deposited in Parliament by virtue of section 77(1)(a) of this Act contains provisions affecting the exercise of statutory functions by a London local authority, the Bill shall not be deposited in Parliament unless—

  • (a) in a case where the exercise of statutory functions of one London local authority is affected, that authority has given its written consent to the Bill in the form in which it is to be so deposited; or
  • (b) in a case where the exercise of statutory functions of two or more London local authorities is affected, at least 90 per cent. of all London local authorities have given their written consent to the Bill in that form.
  • (2) In this paragraph “London local authority” means—
  • (a) a London borough council; or
  • (b) the Common Council.

Publicity for the deposited Bill

7
  • (1) This paragraph applies where a Bill (“the deposited Bill”) is deposited in Parliament by virtue of section 77(1)(a) of this Act.
  • (2) During the period of 14 days following the day on which the deposited Bill is deposited in Parliament, the Mayor shall take such steps as in his opinion will give adequate publicity to the Bill.
  • (3) A copy of the deposited Bill shall be kept available by the Mayor for inspection by any person on request free of charge—
  • (a) at the principal offices of the Authority, and
  • (b) at such other places as the Mayor considers appropriate,

at reasonable hours throughout the period while the Bill is in Parliament.

  • (4) A copy of the deposited Bill, or of any part of the deposited Bill, shall be supplied to any person on request during that period for such reasonable fee as the Mayor may determine.

SCHEDULE 6 — Procedure for determining the Authority’s consolidated council tax requirement

Preliminary

1
  • (1) It shall be the duty of the Mayor and the Assembly, in accordance with the following provisions of this Schedule, to prepare and approve for each financial year—
  • (a) a budget for each of the constituent bodies as such (a “component budget”); and
  • (b) a consolidated budget for the Authority (a “consolidated budget”).
  • (2) A component budget must consist of statements of—
  • (a) the amount of the component council tax requirement for the constituent body concerned; and
  • (b) the calculations under section 85(4) to (7) of this Act which give rise to that amount.
  • (3) A consolidated budget must consist of statements of—
  • (a) the amount of the Authority’s consolidated council tax requirement;
  • (b) the amount of the component council tax requirement for each constituent body; and
  • (c) the calculations under section 85(4) to (8) of this Act which give rise to each of the amounts mentioned in paragraphs (a) and (b) above.
  • (4) In this Schedule “public meeting”, in relation to the Assembly, means a meeting of the Assembly throughout which members of the public are entitled to be present.
  • (5) In this Schedule “the relevant principles”, in relation to a budget or a council tax requirement for a financial year, means the principles approved by the House of Commons for the financial year under section 52ZD of the Local Government Finance Act 1992 (principles in connection with council tax referendums).
  • (6) For the purposes of this Schedule, whether or not a budget or council tax requirement for a financial year complies with the relevant principles is to be determined by reference to whether or not the amount that would be calculated for the year under section 88 or 89 above (calculation of basic amount of council tax) by reference to the budget or council tax requirement is excessive by reference to the relevant principles.

Mayor’s draft component budget for each constituent body

2
  • (1) For each financial year, the Mayor shall prepare a draft of his proposed component budget for each of the constituent bodies (a “draft component budget”).
  • (2) The Mayor shall consult the Assembly—
  • (a) before preparing the draft component budget for the Mayor, and
  • (b) before preparing the draft component budget for the Assembly.
  • (3) Before preparing the draft component budget for a functional body, the Mayor shall consult the body.

Draft consolidated budget

3
  • (1) After the Mayor has prepared the draft component budgets under paragraph 2 above, he shall prepare a draft of his proposed consolidated budget for the financial year (the “draft consolidated budget”).
  • (2) Before finally determining the contents of the draft consolidated budget, the Mayor shall consult—
  • (a) the Assembly, if paragraph (b) below does not apply, or
  • (b) if the Assembly has so resolved, such committee or other representatives of the Assembly as may be specified in, or determined in accordance with, the resolution,

and (in either case) such other bodies or persons as appear appropriate to the Mayor.

  • (3) The Mayor shall—
  • (a) present the draft consolidated budget to the Assembly at a public meeting of the Assembly; and
  • (b) publish it in such manner as he may determine.
  • (4) It shall be the duty of the Mayor to comply with paragraph 2 and sub-paragraphs (1) to (3) above on or before 15th February in the financial year preceding that to which the draft consolidated budget relates.

Failure of Mayor to comply with paragraph 3(4)

4
  • (1) If the Mayor fails to comply with paragraph 3(4) above, the Assembly shall—
  • (a) prepare a draft component budget for each functional body, after consultation with that body;
  • (b) prepare a draft component budget for the Mayor;
  • (bb) prepare a draft component budget for the Assembly; and
  • (c) prepare a draft consolidated budget.
  • (1A) If the draft consolidated budget does not comply with the relevant principles, the Assembly shall also prepare a draft substitute consolidated budget that complies with those principles.
  • (2) If, at a public meeting of the Assembly, the draft consolidated budget prepared under sub-paragraph (1)(c) above is approved by the Assembly—
  • (a) that draft, as so approved, shall be the Authority’s consolidated budget for the financial year to which it relates; and
  • (b) the following provisions of this Schedule shall not apply in relation to the consolidated budget or the component budgets for that financial year.
  • (3) If, at the public meeting referred to in sub-paragraph (2) above, the draft substitute consolidated budget prepared under sub-paragraph (1A) above is approved by the Assembly, that draft, as so approved, shall be the Authority's substitute consolidated budget for the financial year to which it relates.

Assembly consideration of Mayor’s draft budget

5
  • (1) This paragraph applies where the Mayor presents a draft consolidated budget to the Assembly in accordance with paragraph 3 above.
  • (2) The draft consolidated budget must be considered at a public meeting of the Assembly.
  • (3) The Assembly must approve the draft consolidated budget, together with the draft component budgets comprised in it, with or without amendment (but see paragraph 5A below).
  • (4) For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by the Assembly.
  • (5) If no amendments are made on consideration of the draft consolidated budget (whether to that budget or to any of the draft component budgets comprised in it) the draft consolidated budget shall be deemed to be approved without amendment.

Limit on Assembly's powers to amend Mayor's draft budget for the Assembly

5A
  • (1) In exercising its powers of amendment under paragraph 5(3) above, the Assembly must not make amendments affecting the amount of the draft component council tax requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.
  • (2) Amendments contravene this sub-paragraph if—
  • (a) the effect of implementing the amendments is to increase the amount of the draft component council tax requirement for the Assembly, and
  • (b) the condition in sub-paragraph (3) below is met.
  • (3) The condition is that—
  • (a) the draft component council tax requirement for the Assembly, after implementing the amendments,

exceeds

  • (b) the adjusted previous component council tax requirement for the Assembly.
  • (4) Find the adjusted previous component council tax requirement for the Assembly as follows.
  • (5) Find NM and OM, where—
  • NM is the draft component council tax requirement for the Mayor, before implementing any amendments under paragraph 5(3) above;
  • OM is the component council tax requirement for the Mayor for the previous financial year.
  • (6) If NM is greater than OM—
  • (a) find the percentage by which NM is greater than OM, and
  • (b) increase the amount of the component council tax requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

  • (7) If NM is less than OM—
  • (a) find the percentage by which NM is less than OM, and
  • (b) reduce the amount of the component council tax requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component council tax requirement for the Assembly.

  • (8) If NM equals OM, then—
  • (a) the adjusted previous component council tax requirement for the Assembly,

equals

  • (b) the amount of the component council tax requirement for the Assembly for the previous financial year.
  • (9) The Authority's chief finance officer may direct that such amounts as he may specify in the direction are to be left out of account for the purpose of determining the adjusted previous component council tax requirement for the Assembly.
  • (10) The Secretary of State may give the chief finance officer guidance with respect to the exercise of the power to give a direction under sub-paragraph (9) above.
  • (11) The chief finance officer must have regard to any such guidance.
  • (12) For the purposes of this Schedule the “draft component council tax requirement” for any constituent body is the component council tax requirement for the body as stated in the draft component budget for the body.

The Mayor’s final draft of the proposed consolidated budget

6
  • (1) After—
  • (a) the draft consolidated budget has been approved (with or without amendment) under paragraph 5 above, or
  • (b) such period as the Mayor considers reasonable has elapsed without the draft consolidated budget having been so approved,

the Mayor shall prepare a final draft of his proposed consolidated budget for the financial year (the “final draft budget”).

  • (2) In a case falling within paragraph (b) of sub-paragraph (1) above—
  • (a) the Mayor shall lay before the Assembly in accordance with the standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and
  • (b) on the laying of the statement, the Assembly shall be deemed to have approved the draft consolidated budget without amendment.
  • (3) Whether the Assembly have approved the draft consolidated budget with or without amendment, the final draft budget may be—
  • (a) the draft consolidated budget, as approved by the Assembly, with the amendments (if any) made under paragraph 5 above;
  • (b) the draft consolidated budget amended by the Mayor as he considers appropriate; or
  • (c) the same as the draft consolidated budget.
  • (4) The Mayor shall—
  • (a) present the final draft budget to the Assembly; and
  • (b) publish it in such manner as he may determine.
  • (5) If—
  • (a) the Assembly approved the draft consolidated budget with amendments under paragraph 5 above, but
  • (b) the final draft budget is anything other than the draft consolidated budget with those amendments,

the Mayor, at the time when he presents the final draft budget to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft budget which is not the draft consolidated budget with those amendments.

  • (6) It shall be the duty of the Mayor (having regard to paragraph 8(7) below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.

The Mayor's substitute consolidated budget

6A
  • (1) This paragraph applies if the Mayor prepares a final draft budget that does not comply with the relevant principles.
  • (2) The Mayor shall also prepare a draft substitute consolidated budget that complies with those principles.
  • (3) The Mayor shall—
  • (a) present the draft substitute consolidated budget to the Assembly, and
  • (b) publish it in such manner as the Mayor may determine.
  • (4) The Mayor shall, at the time when the Mayor presents the draft substitute consolidated budget to the Assembly, lay before the Assembly in accordance with standing orders of the Authority a written statement of the reasons for the differences between the final draft budget and the draft substitute consolidated budget.
  • (5) It shall be the duty of the Mayor (having regard to paragraphs 8(7) and 8C below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.

Failure of Mayor to present final draft budget

7
  • (1) This paragraph applies if the Mayor has complied with paragraph 3(4) above but has failed to comply with paragraph 6(6) above.
  • (2) Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority’s consolidated council tax requirement.
  • (3) The component council tax requirement of each of the constituent bodies shall be agreed by the Assembly.
  • (4) The Authority’s consolidated council tax requirement shall be deemed to be agreed by the Assembly accordingly.
  • (4A) If the Authority's consolidated council tax requirement does not comply with the relevant principles, the Assembly shall also agree a substitute consolidated council tax requirement that complies with those principles at the public meeting.
  • (5) Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the consolidated budget or the component budgets for the financial year in question.

Approval of Mayor’s final draft budget by Assembly

8
  • (1) This paragraph applies where the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above.
  • (2) The final draft budget must be considered at a public meeting of the Assembly.
  • (3) After considering the final draft budget, the Assembly must approve it with or without amendment (but see paragraph 8A below) .
  • (4) For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.
  • (5) If no amendments are made on consideration of the final draft budget, the final draft budget shall be deemed to be approved without amendment.
  • (6) The final draft budget as approved by the Assembly with or without amendment shall be the Authority’s consolidated budget for the financial year.
  • (6A) Sub-paragraph (6B) below applies if—
  • (a) the final draft budget is approved by the Assembly with amendments, and
  • (b) as a result, the final draft budget no longer complies with the relevant principles.
  • (6B) The Assembly shall also agree a substitute consolidated budget that complies with those principles at the public meeting.
  • (7) It shall be the duty of the Assembly to approve the final draft budget with or without amendment before the last day of February in the financial year preceding that to which the final draft budget relates.

Limit on Assembly's power to amend Mayor's final draft budget for the Assembly

8A
  • (1) In exercising its powers of amendment under paragraph 8 above, the Assembly must not make amendments affecting the amount of the final draft component council tax requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.
  • (2) Amendments contravene this sub-paragraph if—
  • (a) the effect of implementing the amendments is to increase the amount of the final draft component council tax requirement for the Assembly, and
  • (b) the condition in sub-paragraph (3) below is met.
  • (3) The condition is that—
  • (a) the final draft component council tax requirement for the Assembly, after implementing the amendments,

exceeds

  • (b) the adjusted previous component council tax requirement for the Assembly.
  • (4) Find the adjusted previous component council tax requirement for the Assembly as follows.
  • (5) Find NM and OM, where—
  • NM is the final draft component council tax requirement for the Mayor, before implementing any amendments under paragraph 8(3) above;
  • OM is the component council tax requirement for the Mayor for the previous financial year.
  • (6) If NM is greater than OM—
  • (a) find the percentage by which NM is greater than OM, and
  • (b) increase the amount of the component council tax requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component council tax requirement for the Assembly.

  • (7) If NM is less than OM—
  • (a) find the percentage by which NM is less than OM, and
  • (b) reduce the amount of the component council tax requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component council tax requirement for the Assembly.

  • (8) If NM equals OM, then—
  • (a) the adjusted previous component council tax requirement for the Assembly,

equals

  • (b) the amount of the component council tax requirement for the Assembly for the previous financial year.
  • (9) Sub-paragraphs (9) to (11) of paragraph 5A above (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.
  • (10) For the purposes of this Schedule the “final draft component budget requirement” for any constituent body is the component council tax requirement for the body as stated in the final draft council tax.

Approval of substitute consolidated budget by Assembly following non-compliance by Mayor with paragraph 6A

8B
  • (1) This paragraph applies if—
  • (a) the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above, and
  • (b) the Mayor has failed to comply with paragraph 6A(5) above.
  • (2) If at the public meeting held under paragraph 8 above the Assembly approves a final draft budget that does not comply with the relevant principles, it shall also agree a substitute consolidated budget that complies with those principles at that meeting.

Approval of substitute consolidated budget by Assembly following compliance by Mayor with paragraph 6A

8C
  • (1) This paragraph applies if—
  • (a) the Mayor presents a draft substitute consolidated budget to the Assembly in accordance with paragraph 6A above,
  • (b) a public meeting is held under paragraph 8 above to consider the draft final budget to which it relates, and
  • (c) the final budget as approved at that public meeting continues not to comply with the relevant principles.
  • (2) The draft substitute consolidated budget must be considered at the public meeting.
  • (3) After considering the draft substitute consolidated budget, the Assembly must approve it with or without amendment (but see paragraph 8D below).
  • (4) For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.
  • (5) If no amendments are made on consideration of the draft substitute consolidated budget, it shall be deemed to be approved without amendment.
  • (6) The draft substitute consolidated budget as approved by the Assembly with or without amendments shall be the Authority's substitute consolidated budget for the financial year.

Limit on Assembly's power to amend Mayor's substitute consolidated budget

8D
  • (1) Paragraph 8A above applies to amendments to the draft substitute consolidated budget as it applies to amendments to the final draft budget but as if—
  • (a) references to the final draft component council tax requirement for the Assembly were to the component council tax requirement for the Assembly as stated in the draft substitute consolidated budget, and
  • (b) references to the final draft component council tax requirement for the Mayor were to the component council tax requirement for the Mayor as stated in the draft substitute consolidated budget.
  • (2) In exercising its powers of amendment under paragraph 8C above, the Assembly must not in any event make amendments that mean that the draft substitute consolidated budget no longer complies with the relevant principles.

Failure of Assembly to approve final draft budget

9

If the Assembly fails to comply with paragraph 8(7) above, the final draft budget presented to the Assembly in accordance with paragraph 6 above shall be the Authority’s consolidated budget for the financial year.

Failure of Assembly to approve substitute consolidated budget or council tax requirement

9ZA
  • (1) This paragraph applies if—
  • (a) the Assembly was required to prepare a draft substitute consolidated budget for a financial year in accordance with sub-paragraph (1A) of paragraph 4 above, but has failed to approve such a draft substitute consolidated budget at a public meeting held under sub-paragraph (2) of that paragraph,
  • (b) the Assembly was required to agree a substitute consolidated council tax requirement for a financial year at a public meeting in accordance with paragraph 7(4A) above, but has failed to comply with that requirement, or
  • (c) the Assembly was required to agree a substitute consolidated budget for a financial year at a public meeting in accordance with paragraph 8(6B) or 8B(2) above, but has failed to comply with that requirement.
  • (2) The Assembly must, at a public meeting of the Assembly, agree a substitute consolidated budget for the financial year or, as the case may be, a substitute consolidated council tax requirement for that year that (in either case) complies with the relevant principles.
  • (3) A public meeting held under sub-paragraph (2) to agree a substitute consolidated budget or a substitute consolidated council tax requirement for a financial year may be held at any time before or after the end of that year.

Failure of Assembly to approve draft substitute consolidated budget

9A

If the Assembly fails to comply with paragraph 8C above, the draft substitute consolidated budget presented to the Assembly in accordance with paragraph 6A above shall be the Authority's substitute consolidated budget for the year.

Regulations amending dates

10

The Secretary of State may by regulations modify this Schedule in its application in relation to any particular financial year, by substituting for any reference to 1st February in the preceding financial year a reference to such other day as may be specified in the regulations.

Publication

11
  • (1) The Mayor shall as soon as practicable publish each of the following documents—
  • (a) the Authority’s consolidated budget for the year; and
  • (b) the component budget of each constituent body for the year.
  • (2) In this paragraph “relevant document” means any document required to be published under sub-paragraph (1) above.
  • (3) A copy of each relevant document shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
  • (4) A copy of any relevant document, or any part of a relevant document, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
  • (5) In this paragraph “the appropriate period” in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.

SCHEDULE 7 — Procedure for making of substitute calculations by the Authority

Preliminary

1
  • (1) This Schedule applies in relation to any substitute calculations which are required to be made in accordance with it.
  • (2) In this Schedule “public meeting”, in relation to the Assembly, means a meeting of the Assembly throughout which members of the public are entitled to be present.

The Mayor’s first draft

2
  • (1) The Mayor shall prepare a draft of his proposals for the substitute calculations (“the first draft”).
  • (2) Before finally determining the contents of the first draft, the Mayor shall consult—
  • (a) the Assembly; and
  • (b) each of the functional bodies affected by the proposals.
  • (3) The Mayor shall—
  • (a) lay the first draft before the Assembly in accordance with standing orders of the Authority; and
  • (b) publish it in such manner as he may determine.

Failure of Mayor to comply with paragraph 2(3)

3
  • (1) This paragraph applies if the Mayor has not complied with paragraph 2(3) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section 52ZW of the Local Government Finance Act 1992.
  • (2) Where this paragraph applies, the Assembly shall prepare a draft of their proposals for the substitute calculations, after consulting each of the functional bodies affected by the proposals.
  • (3) If, at a public meeting of the Assembly, the draft proposals prepared under sub-paragraph (2) above are approved by the Assembly—
  • (a) the Authority’s substitute calculations shall be the substitute calculations in that draft as so approved; and
  • (b) the following provisions of this Schedule shall not apply in relation to the substitute calculations.

Assembly consideration of Mayor’s first draft

4
  • (1) This paragraph applies where the Mayor has laid the first draft before the Assembly in accordance with paragraph 2 above.
  • (2) The first draft must be considered at a public meeting of the Assembly.
  • (3) The Assembly must approve the first draft with or without amendment.
  • (4) For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by the Assembly.
  • (5) If no amendments are made on consideration of the first draft, the first draft shall be deemed to be approved without amendment.

Limit on Assembly's powers to amend Mayor's first draft budget for the Assembly

4A
  • (1) In exercising its powers of amendment under paragraph 4(3) above, the Assembly must not make amendments affecting the amount of the first draft component council tax requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.
  • (2) Amendments contravene this sub-paragraph if—
  • (a) the effect of implementing the amendments is to increase the amount of the first draft component council tax requirement for the Assembly, and
  • (b) the condition in sub-paragraph (3) below is met.
  • (3) The condition is that—
  • (a) the first draft component council tax requirement for the Assembly, after implementing the amendments,

exceeds

  • (b) the adjusted previous component council tax requirement for the Assembly (see sub-paragraph (5)).
  • (4) This paragraph is without prejudice to section 49(2) of the Local Government Finance Act 1992 (substitute amount not to exceed previous amount (but see section 49(6) of that Act)).
  • (5) Find the adjusted previous component council tax requirement for the Assembly as follows.
  • (6) Find NM and OM, where—
  • NM is the first draft component council tax requirement for the Mayor, before implementing any amendments under paragraph 4(3) above;
  • OM is the component council tax requirement for the Mayor for the previous financial year.
  • (7) If NM is greater than OM—
  • (a) find the percentage by which NM is greater than OM, and
  • (b) increase the amount of the component council tax requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component council tax requirement for the Assembly.

  • (8) If NM is less than OM—
  • (a) find the percentage by which NM is less than OM, and
  • (b) reduce the amount of the component council tax requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component council tax requirement for the Assembly.

  • (9) If NM equals OM, then—
  • (a) the adjusted previous component council tax requirement for the Assembly,

equals

  • (b) the amount of the component council tax requirement for the Assembly for the previous financial year.
  • (10) Sub-paragraphs (9) to (11) of paragraph 5A of Schedule 6 to this Act (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.
  • (11) For the purposes of this Schedule—
  • (a) “component budget” has the same meaning as in Schedule 6 to this Act;
  • (b) the “first draft component budget” for any constituent body is the draft component budget for that body comprised in the first draft;
  • (c) the “first draft component council tax requirement” for any constituent body is the component council tax requirement for the body as stated in the first draft component budget for the body.

The Mayor’s final draft

5
  • (1) After—
  • (a) the first draft has been approved (with or without amendment) under paragraph 4 above, or
  • (b) such period as the Mayor considers reasonable has elapsed without the first draft having been so approved,

the Mayor shall prepare a final draft of his proposals for the substitute calculations (“the final draft”).

  • (2) In a case falling within paragraph (b) of sub-paragraph (1) above—
  • (a) the Mayor shall lay before the Assembly in accordance with standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and
  • (b) on the laying of the statement, the Assembly shall be deemed to have approved the first draft without amendment.
  • (3) Whether the Assembly have approved the first draft with or without amendment, the final draft may be—
  • (a) the first draft, as approved by the Assembly, with the amendments (if any) made under paragraph 4 above;
  • (b) the first draft amended by the Mayor as he considers appropriate; or
  • (c) the same as the first draft.
  • (4) The Mayor shall—
  • (a) present the final draft to the Assembly; and
  • (b) publish it in such manner as he may determine.
  • (5) If—
  • (a) the Assembly approved the first draft with amendments under paragraph 4 above, but
  • (b) the final draft is anything other than the first draft with those amendments,

the Mayor, at the time when he presents the final draft to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft which is not the first draft with those amendments.

Failure of Mayor to present a final draft

6
  • (1) This paragraph applies if the Mayor has complied with paragraph 2(3) above but has failed to comply with paragraph 5(4) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section 52ZW of the Local Government Finance Act 1992.
  • (2) Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority’s substitute calculations.
  • (3) The substitute calculations shall be agreed by the Assembly.
  • (4) Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the substitute calculations.

Approval of Mayor’s final draft by Assembly

7
  • (1) This paragraph applies where the Mayor presents a final draft to the Assembly in accordance with paragraph 5 above.
  • (2) The final draft must be considered at a public meeting of the Assembly.
  • (3) After considering the final draft, the Assembly must approve it with or without amendment.
  • (4) For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.
  • (5) If no amendments are made on consideration of the final draft, the final draft shall be deemed to be approved without amendment.
  • (6) The Authority’s substitute calculations shall be those in the final draft as approved by the Assembly with the amendments (if any) made in accordance with sub-paragraphs (3) and (4) above.

Limit on Assembly's power to amend Mayor's final draft budget for the Assembly

7A
  • (1) In exercising its powers of amendment under paragraph 7 above, the Assembly must not make amendments affecting the amount of the final draft component council tax requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.
  • (2) Amendments contravene this sub-paragraph if—
  • (a) the effect of implementing the amendments is to increase the amount of the final draft component council tax requirement for the Assembly, and
  • (b) the condition in sub-paragraph (3) below is met.
  • (3) The condition is that—
  • (a) the final draft component council tax requirement for the Assembly, after implementing the amendments,

exceeds

  • (b) the adjusted previous component council tax requirement for the Assembly (see sub-paragraph (5)).
  • (4) This paragraph is without prejudice to section 49(2) of the Local Government Finance Act 1992 (substitute amount not to exceed previous amount (but see section 49(6) of that Act)).
  • (5) Find the adjusted previous component council tax requirement for the Assembly as follows.
  • (6) Find NM and OM, where—
  • NM is the final draft component council tax requirement for the Mayor, before implementing any amendments under paragraph 7(3) above;
  • OM is the component council tax requirement for the Mayor for the previous financial year.
  • (7) If NM is greater than OM—
  • (a) find the percentage by which NM is greater than OM, and
  • (b) increase the amount of the component council tax requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component council tax requirement for the Assembly.

  • (8) If NM is less than OM—
  • (a) find the percentage by which NM is less than OM, and
  • (b) reduce the amount of the component council tax requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component council tax requirement for the Assembly.

  • (9) If NM equals OM, then—
  • (a) the adjusted previous component council tax requirement for the Assembly,

equals

  • (b) the amount of the component council tax requirement for the Assembly for the previous financial year.
  • (10) Sub-paragraphs (9) to (11) of paragraph 5A of Schedule 6 to this Act (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.
  • (11) For the purposes of this Schedule the “final draft component council tax requirement” for any constituent body is the component council tax requirement for that body as stated in the final draft.

Failure of Assembly to approve final draft within 21 days

8

If the Assembly fails to approve the final draft, with or without amendment, before the end of the period of 21 days beginning with the day on which the Mayor presented the final draft, the Authority’s substitute calculations shall be those in the final draft presented to the Assembly in accordance with paragraph 5 above.

Publication

9
  • (1) This paragraph applies where any substitute calculations are made in accordance with this Schedule.
  • (2) Where this paragraph applies, the Mayor shall as soon as practicable publish a document containing the substitute calculations.
  • (3) In this paragraph “relevant document” means any document required to be published under sub-paragraph (2) above.
  • (4) A copy of each relevant document shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
  • (5) A copy of any relevant document, or any part of a relevant document, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
  • (6) In this paragraph “the appropriate period” in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.

SCHEDULE 8 — Amendments of the Audit Commission Act 1998

Preliminary

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transmission and consideration of section 8 reports

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration of reports or recommendations

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicity for meetings

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declaration that item of account is unlawful

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of amount not accounted for et ceteralaetc.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Documents relating to police authorities Et ceteralaetc

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Studies of Authority by Commission at request of Mayor

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Studies of functional bodies by Commission at request of Mayor

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on disclosure of information: exceptions

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation and exercise of Authority functions by Mayor et ceteralaetc.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9 — Amendments to Local Government Finance Act 1992

Introduction

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Challenge of maximum amount after designation for year under consideration

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of designated precepting authority

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Challenge of maximum amount after designation under section 52M or 52P

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of designated precepting authority

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of budget requirement

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10 — Transport for London

Status and capacity

1
  • (1) Transport for London shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
  • (2) The members and staff of Transport for London shall not be regarded as civil servants and the property of Transport for London shall not be regarded as property of, or held on behalf of, the Crown.
  • (3) It shall be within the capacity of Transport for London to do such things and enter into such transactions as are calculated to facilitate, or are conducive or incidental to, the discharge of any of its functions.

Membership of Transport for London

2
  • (1) Subject to sub-paragraph (2), Transport for London shall consist of not less than eight nor more than seventeen members, all of whom shall be appointed by the Mayor.
  • (2) The Mayor may choose to be a member of Transport for London and where he does so he shall appoint not less than seven nor more than sixteen other members under sub-paragraph (1) above.
  • (2A) The Mayor must exercise his powers under this paragraph so as to secure that at least two members of Transport for London are able to represent the interests of the persons living, working and studying in areas outside Greater London that are served by railway passenger services in respect of which Transport for London carries out functions, or is likely to do so.
  • (3) In appointing a person under sub-paragraph (1) above, the Mayor shall have regard to the desirability of ensuring that the members of Transport for London between them have experience in—
  • (a) transport (including in particular the impact of transport on business and the environment),
  • (b) finance and commerce,
  • (c) national and local government,
  • (d) the management of organisations, and
  • (e) the organisation of trade unions, or matters relating to workers generally,

and that the membership of Transport for London represents the interests in relation to transport of women and of persons who require transport which is accessible to persons with mobility problems.

  • (3A) Before making an appointment for the purposes of sub-paragraph (2A) above, the Mayor must consult the responsible regional authorities (within the meaning of Part 5 of the Local Democracy, Economic Development and Construction Act 2009) for each of the regions where the areas served by the services mentioned in that sub-paragraph are situated.
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) The terms and conditions of appointment of a member of Transport for London (including conditions as to remuneration and allowances ) shall be such as the Mayor may determine (but this is subject to paragraph 3A below).
  • (7) The Mayor may by notice to a member of Transport for London remove that member from office.
  • (8) In this paragraph—

“railway passenger service” has the same meaning as in Part 1 of the Railways Act 1993; and

“regional planning body” and “region” have the same meanings as in Part 1 of the Planning and Compulsory Purchase Act 2004.

Chairman and deputy chairman

3
  • (1) Subject to sub-paragraph (2), the Mayor shall designate—
  • (a) one of the members of Transport for London to be chairman of Transport for London, and
  • (b) another of the members to be deputy chairman of Transport for London.
  • (2) Where the Mayor is a member of Transport for London, he shall be the chairman.

Remuneration etc not to be paid to members who are also Assembly members

3A
  • (1) Payments by way of remuneration or allowances, other than allowances in respect of travel or subsistence, shall not be made to members of Transport for London who are also Assembly members.
  • (2) Sub-paragraph (1) above does not prevent the payment of an allowance under paragraph 2(6) above to the chairman or deputy chairman of Transport for London in respect of that office.

Staff

4
  • (1) Transport for London may appoint such staff as it considers necessary for assisting it in the exercise of any of its functions.
  • (2) The staff of Transport for London shall be appointed on such terms and conditions (including conditions as to remuneration) as Transport for London shall determine.

Proceedings of Transport for London

5
  • (1) Subject to the provisions of this Schedule, Transport for London may regulate its own procedure and that of committees of Transport for London and sub-committees of such committees (and in particular may specify a quorum for meetings).
  • (2) The validity of any proceedings of Transport for London shall not be affected—
  • (a) by any vacancy among the members or in the office of chairman or deputy chairman, or
  • (b) by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of Transport for London.

Membership of committees and sub-committees

6
  • (1) A committee of Transport for London or a sub-committee of such a committee may include persons who are not members of Transport for London.
  • (2) A person who is a member of a committee of Transport for London or a sub-committee of such a committee but is not a member of Transport for London shall be a non-voting member of the committee or sub-committee.

Delegation by Transport for London

7
  • (1) Subject to any express provision contained in this Act or any Act passed after this Act, Transport for London may arrange for any of its functions to be discharged on its behalf by—
  • (a) any committee of Transport for London,
  • (b) any sub-committee of such a committee,
  • (c) any wholly owned subsidiary (as defined in section 1159 of the Companies Act 2006) of Transport for London,
  • (d) any member or officer of Transport for London, or
  • (e) any body of members or officers, or members and officers, of Transport for London.
  • (2) Where Transport for London makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by Transport for London.
  • (3) Arrangements made by Transport for London for the discharge of functions under this paragraph shall not prevent Transport for London from exercising those functions.

Delegation by committees, sub-committees, etc

8
  • (1) Where Transport for London makes arrangements for the discharge of any function by a committee under paragraph 7 above, the committee may (subject to any conditions imposed by Transport for London) arrange for the discharge of the function on its behalf by—
  • (a) any sub-committee of the committee,
  • (b) any member or officer of Transport for London, or
  • (c) any body of members or officers, or members and officers, of Transport for London.
  • (2) Where—
  • (a) Transport for London makes arrangements for the discharge of any function by a sub-committee under paragraph 7 above, or
  • (b) a committee of Transport for London makes arrangements for the discharge of any function by a sub-committee under sub-paragraph (1) above,

the sub-committee may (subject to any conditions imposed by Transport for London or the committee) arrange for the discharge of the function on its behalf by any member or officer of Transport for London, or any body of members or officers, or members and officers, of Transport for London.

  • (3) Where a committee or sub-committee makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by the committee or sub-committee.
  • (4) Arrangements made by a committee or sub-committee for the discharge of functions under this paragraph shall not prevent the committee or sub-committee from exercising those functions.

Joint committees with local authorities

9
  • (1) Transport for London shall be treated as a local authority for the purposes of the following provisions of the Local Government Act 1972 (arrangements for discharge of functions of a local authority by joint committees with other local authorities)—
  • (a) section 101(5),
  • (b) section 102 apart from subsection (1)(a) and subsection (4) to the extent that it would permit Transport for London to appoint a committee which is not a joint committee, and
  • (c) section 103.
  • (2) Nothing in section 13 of the Local Government and Housing Act 1989 shall require a person to be treated as a non-voting member of a committee appointed by Transport for London and one or more other local authorities by virtue of section 101(5) of the Local Government Act 1972 if that person—
  • (a) is appointed to the committee by Transport for London, and
  • (b) is not a member of Transport for London.

Minutes

10
  • (1) Minutes shall be kept of proceedings of Transport for London, of its committees and of sub-committees of such committees.
  • (2) Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.
  • (3) Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2) above, those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.

Application of seal and proof of instruments

11
  • (1) The application of the seal of Transport for London shall be authenticated by the signature of any member, officer or member of staff of Transport for London who has been authorised for the purpose, whether generally or specially, by Transport for London.
  • (2) In sub-paragraph (1) above the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 12 below, the word “signed” shall be construed accordingly.

Documents served etc by or on Transport for London

12
  • (1) Any document which Transport for London is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of Transport for London by any member, officer or member of staff of Transport for London who has been authorised for the purpose, whether generally or specially, by Transport for London.
  • (2) Every document purporting to be an instrument made or issued by or on behalf of Transport for London and to be duly executed under the seal of Transport for London, or to be signed or executed by a person authorised by Transport for London for the purpose, shall be received in evidence and be treated, without further proof, as being so made or so issued unless the contrary is shown.
  • (3) Any notice which is required or authorised, by or under any provision of any other Act, to be given, served or issued by, to or on Transport for London shall be in writing.

Members’ interests

13
  • (1) If a member of Transport for London has any interest, whether direct or indirect, and whether pecuniary or not, in any matter that is brought up for consideration at a meeting of Transport for London he shall disclose the nature of the interest to the meeting; and, where such a disclosure is made—
  • (a) the disclosure shall be recorded in the minutes of the meeting; and
  • (b) the member shall not take any part in any deliberation or decision of Transport for London, or any of its committees or sub-committees, with respect to that matter.
  • (2) A member need not attend in person at a meeting of Transport for London in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.
  • (3) The Mayor may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of Transport for London disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.
  • (4) The power of the Mayor under sub-paragraph (3) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Mayor.
  • (5) Where the Mayor exercises the power under sub-paragraph (3) above to remove a disability—
  • (a) he shall notify Transport for London that he has done so, and of his reasons for doing so, and
  • (b) the removal of the disability and the Mayor’s reasons shall be recorded in the minutes of Transport for London.
  • (6) If any person fails to comply with the provisions of sub-paragraph (1) above, he shall for each offence be liable on summary conviction to a fine not exceeding level 4 on the standard scale unless he proves that he did not know that the contract, proposed contract or other matter in which he had the interest was the subject of consideration at the meeting.
  • (7) A prosecution for an offence under this paragraph shall not be instituted except by or on behalf of the Director of Public Prosecutions.
  • (8) Transport for London may provide for the exclusion of a member from a meeting of Transport for London while any contract, proposed contract or other matter in which he has such an interest as is mentioned in sub-paragraph (1) above is under consideration.
  • (9) Section 95 of the Local Government Act 1972 (pecuniary interests for the purposes of section 94) shall apply for the purposes of this paragraph as it applies for the purposes of that section.
  • (10) Section 96 of that Act (general notices and recording of disclosures for the purposes of section 94) shall apply for the purposes of this paragraph, but taking—
  • (a) any reference to a proper officer of the authority as a reference to an officer appointed by Transport for London for the purpose;
  • (b) any reference to a member of the authority as a reference to a member of Transport for London;
  • (c) any reference to premises owned by the authority as a reference to premises owned by Transport for London; and
  • (d) any reference to section 94 of that Act as a reference to this paragraph.
  • (11) Subsections (4) and (5) of section 97 of that Act (disregard of certain interests for the purposes of section 94) shall apply in relation to this paragraph as they apply in relation to section 94 of that Act, but as if—
  • (a) the members of Transport for London were members of a local authority; and
  • (b) in subsection (5), for “a pecuniary interest” there were substituted “ an interest (whether pecuniary or not) ”.
  • (12) Section 19 of the Local Government and Housing Act 1989 (members’ interests) shall apply as if—
  • (a) Transport for London were a local authority;
  • (b) the members of Transport for London were the members of that local authority;
  • (c) an officer appointed by Transport for London for the purpose were the proper officer of that local authority,
  • (d) any reference to a pecuniary interest were a reference to an interest, whether pecuniary or not; and
  • (e) any reference to section 94 of the Local Government Act 1972 were a reference to this paragraph.

SCHEDULE 11 — Miscellaneous powers of Transport for London

Carriage and storage

1
  • (1) Transport for London may carry passengers by any form of land or water transport (including in either case hovercraft) within, to or from Greater London.
  • (2) Transport for London may carry passengers as mentioned in sub-paragraph (1) above between places outside Greater London, in so far as Transport for London considers it requisite to do so—
  • (a) in connection with the exercise of its powers under that sub-paragraph; or
  • (b) in order to avoid an interruption of services provided by London Regional Transport in exercise of its powers under paragraph 1(2)(b) of Schedule 2 to the London Regional Transport Act 1984 (provision of services outside Greater London to avoid interruption of services formerly provided by the London Transport Executive under the Transport (London) Act 1969).
  • (3) Transport for London may also carry luggage and other goods.
2
  • (1) Transport for London may enter into arrangements with any person providing passenger transport services by air for the provision of such services between places in Greater London or between such places and places outside Greater London.
  • (2) Without prejudice to its powers under section 156 of this Act, Transport for London may enter into arrangements with any person operating a business of providing passenger vehicles for hire (whether with or without the services of a driver, and whether under private hire arrangements or by way of plying for public hire), for that person to make passenger vehicles operated by him available for hire, or for use in accordance with the arrangements, on such terms and in such manner as may be provided for by the arrangements, in or between places in Greater London or between such places and places outside Greater London.
  • (3) Any arrangements under this paragraph may include provision for the making of payments by Transport for London to the other party to the arrangements.
3
  • (1) Transport for London may store within Greater London or in any premises of Transport for London outside Greater London goods which have been or are to be carried by Transport for London or a subsidiary of Transport for London.

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