Greater London Authority Act 1999

• (ba) a Mayoral development corporation.

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A person employed by the Authority by virtue of his appointment under section 67(1)(b) above shall not, by virtue only of subsections (1) and (2) above, be disqualified from being or becoming an unpaid member of Transport for London or a Mayoral development corporation ....

• (3A) Subsections (1) and (2) above do not prevent a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire, from becoming or remaining a member of the Assembly or any other local authority within the meaning of sections 1, 2 and 3A of the Local Government and Housing Act 1989.

• (4) For the purposes of subsection (3) above, the unpaid members of any body are those members of the body who do not receive any remuneration (whether from the body, the Authority or any other source) which they would not receive if they were not members of the body.

• (5) In section 2(3) of that Act, as it has effect in relation to the Authority by virtue of subsections (1) and (2)(a) above, any reference to the authority shall be taken to include a reference to the Mayor and a reference to the Assembly.

• (6) In section 2 of that Act, so far as it has effect for the purposes of section 1 of that Act, the expression the statutory chief officers shall be taken to include a reference to the chief finance officer, within the meaning of section 127 below,—

• (a) of Transport for London, and

• (aa) of a Mayoral development corporation for an area in Greater London, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

whether he is an officer, employee, member of staff or member of Transport for London or, as the case may be, a Mayoral development corporation ....

• (6A) In the application of section 2 of that Act in relation to a Mayoral development corporation by virtue of subsections (1) and (2) above, any reference to the person designated under section 4 of that Act as its head of paid service is to be taken as a reference to the chief executive of the Mayoral development corporation.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification for membership of London borough councils.

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In section 80 of the Local Government Act 1972 (disqualification for election and holding office as member of a local authority) after subsection (2) there shall be inserted—

(2AA) A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes— (a) one or more persons appointed on the nomination of the Authority acting by the Mayor, and (b) one or more members of one or more London borough councils appointed to the committee on the nomination of those councils, shall be disqualified for being elected or being a member of any of those London borough councils.

Terms and conditions of employment.

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• (1) A person appointed under section 67(1) above shall be employed on such terms and conditions (including conditions as to remuneration) as the Mayor thinks fit, within the financial resources available to the Authority.

• (2) A person appointed under section 67(2) above shall be employed on such terms and conditions (including conditions as to remuneration) as the head of the Authority's paid service, after consultation with the Mayor and the Assembly, thinks fit.

• (3) A person appointed under section 67(1) above shall not be required to perform any work or services for the Assembly or any member of the Assembly, except in accordance with subsection (4) below.

• (4) It shall be a condition of the employment of—

• (a) any person appointed under section 67(1)(b) above, and

• (b) any person holding a politically restricted post under the Authority, other than a person appointed under section 67(1)(a) above,

that he comply with the requirements of subsection (5) below.

• (5) Those requirements are that the person—

• (a) attends every meeting of the Assembly held pursuant to section 52(3) above which he is requested by the Assembly to attend; and

• (b) answers any questions put to him by Assembly members at any such meeting.

• (6) The requirement of subsection (5)(b) above is that the person shall—

• (a) so far as reasonably practicable, answer any such question orally at the meeting at which it is put; or

• (b) if for any reason it is not reasonably practicable to do that, provide a written answer before the end of the third working day following the day on which the question was first asked at the meeting.

• (7) For the purposes of subsection (4)(b) above, any question whether a person holds a politically restricted post under the Authority shall be determined in accordance with sections 2 and 3A of the Local Government and Housing Act 1989 (politically restricted posts) as those sections have effect for the purposes of section 1 of that Act by virtue of section 68(1) above.

• (7A) Subsection (3) does not prevent—

• (a) a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or

• (b) a person appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire,

from being required to perform any work or services as an Assembly member.

• (8) In this section working day has the same meaning as in section 45 above.

Disclosure by employees of interests in contracts.

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Section 117 of the Local Government Act 1972 (disclosure by officers of interests in contracts) shall apply in relation to employees of the Authority as if the Authority were a local authority and its employees were officers employed by that local authority.

Head of paid service.

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• (1) The Mayor and the Assembly, acting jointly, shall appoint a person to be head of the Authority's paid service.

• (1A) Section 4 of the Local Government and Housing Act 1989 (designation and reports of head of paid service) shall apply in relation to the Authority as if—

• (a) the person appointed under subsection (1) above were a person designated under subsection (1)(a) of that section;

• (b) the Authority were a relevant authority for the purposes of that section; and

• (c) the Mayor and Assembly members were members of that authority.

• (1B) Any appointment under subsection (1) above is an appointment as an employee of the Authority and—

• (a) section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority;

• (b) section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority.

• (1C) The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit.

• (2) A person must not at the same time be both—

• (a) the head of the Authority's paid service appointed under subsection (1) above, and

• (b) a member of staff appointed under section 67(1) above.

• (3) In the application of section 4 of the Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1A) above, the following provisions shall have effect.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the head of paid service)—

• (a) so far as relating to the provision of staff, shall be discharged by the head of the Authority's paid service after consultation with the Mayor and the Assembly; and

• (b) so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.

• (6) Any report prepared under subsection (2) (report by head of paid service) shall be a report to the Mayor and the Assembly.

• (7) The references to functions in paragraphs (a) and (b) of subsection (3) (matters concerning which proposals may be made in a report under subsection (2)) shall be taken as references to the functions of the Authority, whether exercisable by the Mayor, the Assembly, or the Mayor and Assembly acting jointly.

• (8) It shall be the duty of the Mayor personally to consider any report to the Mayor and Assembly under subsection (2).

• (9) The meeting required by subsection (5) to be held to consider any such report shall be a meeting of the Assembly which must not be held until—

• (a) the Mayor has submitted to the Chair of the Assembly a written statement of his views on the report; or

• (b) the period of one month has elapsed since copies of the report were first sent to members of the Assembly without the Mayor having submitted any such statement;

and the reference in that subsection to section 101 of the Local Government Act 1972 (delegation) shall be taken as a reference to section 54 above.

• (10) In considering any such report at any such meeting, the Assembly shall take account of any views on the report which have been expressed by the Mayor in a statement submitted under subsection (9)(a) above.

• (11) The head of the Authority's paid service may arrange for a member of staff of the Authority, other than a member of staff appointed under section 67(1) above, to exercise on his behalf any function exercisable by the head of paid service under section 67(2) or 70(2) above.

Monitoring officer.

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• (1) The Mayor and the Assembly, acting jointly, shall appoint a person to be the Authority's monitoring officer.

• (1A) Section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) shall apply in relation to the Authority as if—

• (a) the person appointed under subsection (1) above were a person designated under subsection (1)(a) of that section;

• (b) the Authority were a relevant authority for the purposes of that section; and

• (c) the Mayor and Assembly members were members of that authority.

• (1B) Any appointment under subsection (1) above is an appointment as an employee of the Authority and—

• (a) section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority;

• (b) section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority.

• (1C) The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit.

• (2) A person must not at the same time be both—

• (a) the Authority's monitoring officer appointed under subsection (1) above, and

• (b) a member of staff appointed under section 67(1) above.

• (3) In the application of section 5 of the Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1A) above, the following provisions shall have effect.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the monitoring officer)—

• (a) so far as relating to the provision of staff, shall be discharged by the head of the Authority's paid service after consultation with the Mayor and the Assembly; and

• (b) so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.

• (6) For subsection (2) there shall be substituted—

(2) It shall be the duty of the Greater London Authority’s monitoring officer, if at any time it appears to him that any proposal, decision or omission of a GLA body or person has given rise to, or is likely to or would give rise to— (a) a contravention by that or any other GLA body or person of any enactment or rule of law or of any code of practice made or approved by or under any enactment, or (b) any such maladministration or failure as is mentioned in Part III of the Local Government Act 1974 (Local Commissioners), (ba) a Mayoral development corporation, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999; to prepare a report to the Mayor and the Assembly with respect to that proposal, decision or omission. In this subsection GLA body or person means— (a) the Greater London Authority; (b) Transport for London, when exercising any function of the Greater London Authority by virtue of section 38 of the Greater London Authority Act 1999; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ca) the Homes and Communities Agency, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999; (d) the Mayor of London; (e) the London Assembly; (f) any committee or sub-committee of the London Assembly; (g) any committee or sub-committee of Transport for London ... when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 ... of the Greater London Authority Act 1999; (ga) any committee or sub-committee of a Mayoral development corporation when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999; (gb) any committee or sub-committee of the Homes and Communities Agency when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999; (h) any joint committee to which the Mayor of London has power to appoint members (whether or not the power is the subject of an authorisation under section 38(1) of the Greater London Authority Act 1999); (j) the Deputy Mayor of London; (k) any member of the London Assembly; (l) any member of staff of the Greater London Authority; (m) any member, or member of staff, of Transport for London ... when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 ... of the Greater London Authority Act 1999; (ma) any member, or member of staff, of a Mayoral development corporation when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999; (mb) any member, or member of staff, of the Homes and Communities Agency when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999; and in the above definition of GLA body or person any reference to a member of staff of a body includes a reference to an officer or employee of that body.

• (7) The duties imposed on the Authority by subsection (5) (to consider any report and to ensure that during the period of suspension no step is taken for giving effect to any proposal or decision to which the report relates)—

• (a) so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor (or, by virtue of an authorisation under section 38(1) above or section 380 below, by a GLA body or person), shall be discharged by the Mayor;

• (b) so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Assembly (or, by virtue of arrangements under section 54 above, by a GLA body or person), shall be discharged by the Assembly; and

• (c) so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor and the Assembly acting jointly, shall be discharged separately—

• (i) by the Mayor, as if the case fell within paragraph (a) above, and

• (ii) by the Assembly, as if the case fell within paragraph (b) above.

• (8) Accordingly—

• (a) in its application in relation to the Mayor by virtue of subsection (7)(a) or (c)(i) above, paragraph (a) of subsection (5) shall have effect with the substitution for the words “ at a meeting held not more than ” of within; and

• (b) in the application of that paragraph by virtue of subsection (7)(b) or (c)(ii) above, the meeting required to be held shall be a meeting of the Assembly.

• (9) In paragraph (b) of subsection (5), the reference to section 115 of the Local Government and Housing Act 1989 (duties in respect of conduct involving contraventions of financial obligations) shall include a reference to section 115A of that Act (which is inserted by section 131(9) below and makes provision in relation to the Mayor and the Assembly).

• (10) Where by virtue of subsection (7) above the Mayor or the Assembly is under a duty to consider a report, the Mayor or the Assembly in discharging that duty shall take account of any views on the report which have been expressed by the other of them in a statement submitted—

• (a) by the Assembly to the Mayor; or

• (b) by the Mayor to the Chair of the Assembly.

• (11) Standing orders of the Authority shall make provision for or in connection with—

• (a) the period within which any statement by virtue of subsection (10) above must be submitted;

• (b) the consideration of any such statement by the Mayor or, as the case may be, the Assembly;

• (c) the period within which any meeting of the Assembly required by subsection (5) by virtue of subsection (7)(b) or (c)(ii) above must, or must not, be held.

• (12) Neither section 38 above , section 54 above nor section 380 below shall apply in relation to the duty imposed on the Mayor or the Assembly by virtue of subsection (7) above to consider a report.

General local authority provisions

Investigation by Commission for Local Administration.

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• (1) Part III of the Local Government Act 1974 (local government administration) shall be amended as follows.

• (2) In section 25(1) (authorities to which the Part applies) after paragraph (a) there shall be inserted—

(aaa) the Greater London Authority;

• (3) In section 25, after subsection (4) (which extends references to certain authorities to include their members, committees, etc) there shall be inserted—

(4A) Any reference to an authority to which this Part of this Act applies also includes, in the case of the Greater London Authority, a reference to each of the following— (a) the London Assembly; (b) any committee of the London Assembly; (c) any body or person exercising functions on behalf of the Greater London Authority.

• (4) In section 30 (reports on investigations) after subsection (2) there shall be inserted—

(2AA) If the authority concerned is the Greater London Authority— (a) the duty imposed by subsection (1)(c) above shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly; and (b) in a case falling within subsection (2) above, the duty imposed by that subsection shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly.

• (5) After subsection (3) of that section (which restricts the naming or identification of persons) there shall be inserted—

(3AA) Nothing in subsection (3) above prevents a report— (a) mentioning the name of, or (b) containing particulars likely to identify, the Mayor of London or any member of the London Assembly.

• (6) After subsection (7) of that section there shall be added—

(8) Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority (other than functions exercisable by or in relation to the proper officer of the Authority) shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to the proper officer or a member of the authority concerned) shall be construed accordingly.

• (7) In section 31 (reports on investigations: further provisions) after subsection (3) there shall be added—

(4) Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.

• (8) In section 31A (consideration of adverse reports) in subsection (6) (which provides that section 25(4) and (5) do not apply) after 25(4) there shall be inserted “ , (4A) ”.

• (9) After subsection (6) of that section there shall be inserted—

(7) Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.

• (10) In section 34(1) (interpretation of Part III) in the definition of member, after the word member, there shall be inserted—

(a) in relation to the Greater London Authority, means— (i) the Mayor of London, (ii) the Deputy Mayor, or (iii) a member of the London Assembly; (b)

Provisions of 1972 Act relating to documents, notices etc.

75

• (1) For the purposes of the provisions of the Local Government Act 1972 specified in subsection (2) below, the Authority shall be treated as if it were a local authority which is a principal council and the Mayor shall be treated as if he were the chairman of such an authority.

• (2) The provisions are—

• (a) section 224 (arrangements by principal councils for custody of documents);

• (b) section 225 (deposit of documents with proper officer of authority etc);

• (c) section 228 (inspection of documents);

• (d) section 229 (photographic copies of documents);

• (e) section 230 (reports and returns);

• (f) section 231 (service of notices on local authorities etc);

• (g) section 232 (public notices);

• (h) section 233 (service of notices by local authorities);

• (i) section 234 (authentication of documents).

• (3) In the application of any enactment in relation to the Authority by virtue of subsection (1) above, any reference to the proper officer shall be taken as a reference to the proper officer of the Authority, within the meaning of this Act.

Byelaws.

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• (1) Section 236 of the Local Government Act 1972 (procedure for byelaws) shall be amended as follows.

• (2) In subsection (1) after “and to byelaws made by a local authority,” there shall be inserted “ the Greater London Authority ”.

• (3) After subsection (10A) there shall be inserted—

(10B) The Greater London Authority shall send a copy of every byelaw made by the Authority, and confirmed, to each London borough council and the Common Council.

Bills in Parliament

Power of Authority to promote or oppose Bills in Parliament.

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• (1) The Authority may—

• (a) promote a local Bill in Parliament for any purpose which is for the public benefit of the inhabitants of, or of any part of, Greater London; or

• (b) oppose any local Bill in Parliament which affects any such inhabitants.

• (2) Section 70 of the Local Government Act 1972 (prohibition on promoting Bills for changing local government areas etc) shall have effect in relation to the Authority as it has effect in relation to a local authority.

• (3) The functions conferred on the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

• (4) The functions conferred on the Authority by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 5 to this Act.

• (5) Before exercising the functions conferred on the Authority by subsection (1)(b) above, the Mayor shall consult the Assembly.

• (6) No payment shall be made by the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) to the Mayor or an Assembly member for acting as counsel or agent in promoting or opposing a Bill under this section.

• (7) A London borough council or the Common Council may contribute towards the expenses of the Authority in promoting a local Bill in Parliament.

Power to request provisions in Bills promoted by London local authorities.

78

• (1) A local Bill promoted in Parliament by a London local authority may include provisions requested by the Authority.

• (2) Subsection (1) above applies only if the Authority confirms the request in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.

• (3) If the Authority does not confirm the request as required by subsection (2) above, it shall give notice of that fact to the London local authority promoting the Bill.

• (4) Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested also by other London local authorities under section 87 of the Local Government Act 1985, of those provisions so far as relating to the Authority.

• (5) The functions conferred or imposed on the Authority by subsections (1) to (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

• (6) Before exercising the functions conferred on the Authority by subsection (1) or (2) above, the Mayor shall consult the Assembly.

• (7) If, in accordance with this section, the Authority requests the inclusion of provisions in a Bill promoted by a London local authority, the Authority may contribute towards the expenses of the London local authority in connection with the Bill.

• (8) In consequence of the other provisions of this section, in section 87(3) of the Local Government Act 1985 (consequences of non-confirmation of requests by London local authorities for inclusion of provisions in Bills promoted by others) after other councils there shall be inserted “ , or by the Greater London Authority under section 78 of the Greater London Authority Act 1999, ”.

• (9) In this section London local authority means—

• (a) a London borough council; or

• (b) the Common Council.

Authority’s consent to inclusion of certain provisions in local Bills.

79

• (1) A local Bill promoted in Parliament by a London local authority may include provisions which affect the exercise of statutory functions by the Authority or any of the functional bodies.

• (2) Subsection (1) above applies only if the Authority—

• (a) gives its written consent; and

• (b) confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.

• (3) If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to the London local authority promoting the Bill.

• (4) Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested by other London local authorities under section 87 of the Local Government Act 1985, of those provisions so far as relating to the Authority or the functional body concerned.

• (5) The functions conferred or imposed on the Authority by subsections (2) and (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

• (6) Before exercising the functions conferred on the Authority by subsection (2)(a) or (b) above, the Mayor shall consult the Assembly.

• (7) Nothing in this section applies in relation to provisions requested under section 78 above.

• (8) In this section London local authority means—

• (a) a London borough council; or

• (b) the Common Council.

Contracts

Public supply or works contracts.

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In Schedule 2 to the Local Government Act 1988 (which specifies the public authorities to which section 17 of that Act applies) after the entry A local authority there shall be inserted—

The Greater London Authority.

Part III — Financial Provisions

Chapter I — Council Tax

Different categories of dwellings

Amounts for different categories of dwellings.

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In section 30 of the Local Government Finance Act 1992 (amounts for different categories of dwellings) there shall be added at the end—

(10) Where the major precepting authority in question is the Greater London Authority, subsections (2)(b) and (4) above shall have effect as if the references to sections 43 to 47 below were references to the appropriate Greater London provisions. (11) In this section, the appropriate Greater London provisions means— (a) sections 85 to 90 of the Greater London Authority Act 1999 and section 47 below; or (b) in the case of calculations by way of substitute, sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and section 47 below.

Precepts

Authority to be a major precepting authority.

82

• (1) Section 39 of the Local Government Finance Act 1992 (precepting and precepted authorities) shall be amended as follows.

• (2) In subsection (1) (major precepting authorities) after paragraph (a) there shall be inserted—

(aa) the Greater London Authority;

• (3) Paragraphs (e) and (f) of that subsection (which relate to the London Fire and Civil Defence Authority and the Receiver for the Metropolitan Police District) shall cease to have effect.

Issue of precepts.

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In section 40 of the Local Government Finance Act 1992 (issue of precepts by major precepting authorities) there shall be added at the end—

(9) Where the precepting authority is the Greater London Authority, this section shall have effect with the following modifications— (a) in subsection (2)(a), for the reference to sections 43 to 47 below there shall be substituted a reference to the appropriate Greater London provisions; (b) in subsection (3), for the reference to sections 43 to 47 below there shall be substituted a reference to the appropriate Greater London provisions; (c) in subsection (6), for the reference to item T in section 44(1) below there shall be substituted a reference to item T in section 88(2) of the Greater London Authority Act 1999; and (d) also in subsection (6), for the reference to item TP in section 45(3) below there shall be substituted a reference to item TP2 in section 89(4) of that Act. (10) In this section, the appropriate Greater London provisions means— (a) sections 85 to 90 of the Greater London Authority Act 1999 and section 47 below; or (b) in the case of calculations by way of substitute, sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and section 47 below.

Substituted precepts.

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• (1) Section 42 of the Local Government Finance Act 1992 (substitute precepts) shall be amended as follows.

• (2) In subsection (1) (duty to issue substitute precepts on making of substitute calculations under certain provisions specified in paragraph (b)) in paragraph (b), after section 51 below there shall be inserted “ or section 95 of the Greater London Authority Act 1999 ”.

Budget requirements

Calculation of component and consolidated council tax requirements.

85

• (1) Section 42A of the Local Government Finance Act 1992 shall not apply in relation to the Authority, and the following provisions of this section and section 86 below shall have effect in relation to the Authority in place of that section.

• (2) In relation to each financial year, the Authority shall make the calculations required by this section.

• (3) The Authority must, in the case of each constituent body, that is to say—

• (a) the Assembly,

• (aa) the Mayor, and

• (b) each of the functional bodies,

calculate the aggregates required by virtue of subsections (4) and (5) below.

• (3A) In subsection (3) above—

• (a) the reference to the Assembly is a reference to the Authority as respects the Assembly's functions (see subsection (14)),

• (b) the reference to the Mayor is a reference to the Authority except as respects the Assembly's functions,

and other references in this Chapter to the Mayor or the Assembly, in their capacity as constituent bodies for the purposes of the budgetary provisions, or to their functions (in that capacity), are to be construed accordingly.

• (4) The aggregate required by virtue of this subsection in the case of a constituent body is the aggregate of—

• (a) the expenditure the Authority estimates will be incurred by the body in the year in performing its functions and will be charged to a revenue account for the year in accordance with proper practices (but, in the case of the Mayor or the Assembly, see also subsections (10) to (13));

• (b) such allowance as the Authority estimates will be appropriate for contingencies in relation to amounts to be charged or credited to a revenue account for the year in accordance with proper practices;

• (c) the financial reserves which the Authority estimates it will be appropriate to be raised by or in respect of the body in the year for meeting the body’s estimated future expenditure; and

• (d) such of the financial reserves of, or in respect of, the body as are sufficient to meet so much of the amount estimated by the Authority to be a revenue account deficit of or in respect of the body for any earlier financial year as has not already been provided for.

• (5) The aggregate required by virtue of this subsection in the case of a constituent body is the aggregate of—

• (a) the income which the Authority estimates will accrue to or for the body in the year and which will be credited to a revenue account for the year in accordance with proper practices, other than income which the Authority estimates will accrue in respect of any precept issued by it;

• (b) the amount of the body’s financial reserves which the Authority estimates will be used by or in respect of the body in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (4) above.

• (6) If, in the case of any constituent body, the aggregate calculated under subsection (4) above exceeds that calculated under subsection (5) above—

• (a) the Authority must calculate the amount equal to the difference; and

• (b) the amount so calculated shall be the body’s component council tax requirement for the year.

• (7) If, in the case of any constituent body, the aggregate calculated under subsection (4) above does not exceed that calculated under subsection (5) above, the body’s component council tax requirement for the year shall be nil.

• (8) The Authority must also calculate the aggregate of the component council tax requirements of each of the constituent bodies and that aggregate shall be the Authority’s consolidated council tax requirement for the year.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) Subsections (11) to (13) below have effect for the purposes of the budgetary provisions in their application in relation to the Mayor and the Assembly in their capacity as constituent bodies.

• (11) The expenditure that is to be regarded for the purposes of subsection (4)(a) above as incurred by the Assembly in the performance of its functions includes any expenditure by the Authority in the performance of its functions which is incurred in respect of any of the following—

• (a) the Assembly members,

• (b) the Assembly secretariat (see subsection (14)),

• (c) goods or services procured solely for the purposes of the Assembly,

• (d) the London Transport Users' Committee (see section 247 and Schedule 18),

but does not include any expenditure falling within subsection (12) below.

• (12) That expenditure is expenditure by the Authority in respect of any of the following—

• (a) accommodation provided or procured in whole or in part for the conduct of the business of the Assembly or Assembly members,

• (b) goods or services provided or procured for the Authority in general.

• (13) The expenditure that is to be regarded for the purposes of subsection (4)(a) above as incurred by the Mayor in the performance of his functions is any expenditure—

• (a) which is incurred by the Authority in the performance of its functions, and

• (b) which does not fall to be regarded for the purposes of subsection (4)(a) above as incurred by the Assembly in the performance of its functions.

• (14) In this section—

• “the Assembly secretariat” means employees of the Authority who normally work as support staff for the Assembly or Assembly members;

• “the Assembly's functions” means—such of the functions of the Authority as are exercisable only by the Assembly acting on behalf of the Authority, andthe Assembly's function of acting jointly with the Mayor in the case of those functions of the Authority which are exercisable only by the Mayor and the Assembly acting jointly on behalf of the Authority;

• “the budgetary provisions” means sections 85 to 87 of, and Schedule 6 to, this Act.

• (15) All such apportionments as may be necessary for the purpose of calculating the aggregates required by subsections (4) and (5) above in the case of the Mayor and the Assembly are to be made on a just and reasonable basis.

Provisions supplemental to section 85.

86

• (1) An amount must not be brought into account under subsection (4) or (5) of section 85 above in the application of the subsection in relation to the Mayor or the Assembly as a constituent body if the amount (or an amount which represents it) falls to be brought into account under the same subsection in its application in relation to the other of them or a functional body.

• (1A) In making any calculation under subsection (4) of section 85 above the Authority shall ignore payments which must be met from a trust fund.

• (1B) In estimating under subsection (4)(a) of section 85 above—

• (a) in the case of any functional body, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in respect of the body under section 43(1) of the Local Government Act 2003 or in paying any BID levy for which the body is liable, and

• (b) in the case of the Mayor, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in respect of the Authority under section 43(1) of the Local Government Act 2003 or in paying any BID levy for which the Authority is liable.

• (1C) In estimating under subsection (4)(a) of section 85 above—

• (a) in the case of the Mayor, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year by the Authority in making any repayments of grants or other sums paid to the Authority by the Secretary of State, and

• (b) in the case of a functional body, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in making by or in respect of the body any repayments of grants or other sums paid to or for the body by the Secretary of State.

• (2) In estimating under subsection (4)(a) of section 85 above in the case of any constituent body other than the Mayor's Office for Policing and Crime, the Authority shall take into account the amount of any levy issued to the body for the year, but (except as provided by regulations under section 74 of the Local Government Finance Act 1988) shall not anticipate a levy not issued.

• (2A) For the purposes of subsection (2) above, any levy issued to the Authority shall be treated as a levy issued to the Mayor.

• (2B) In estimating under subsection (4)(a) of section 85 above in the case of the Mayor, the Authority shall take into account the amount of any expenditure which the Authority estimates it will incur in the year in pursuance of regulations under section 99(3) of the Local Government Finance Act 1988.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For the purposes of subsection (4)(c) of section 85 above a body’s estimated future expenditure is—

• (a) that which the Authority estimates will be incurred by in the financial year following the year in question, will be charged to a revenue account for the year and will have to be defrayed in the year before the following sums are sufficiently available, namely, sums—

• (i) which will be payable to or for it for the year; and

• (ii) in respect of which amounts will be credited to a revenue account for the year; and

• (b) that which the Authority estimates will be incurred by in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year.

• (4A) In making any calculation under subsection (5) of section 85 above, the Authority must ignore payments which must be made into a trust fund.

• (4B) In estimating under subsection (5)(a) of section 85 above in the case of the Mayor, the Authority shall take into account—

• (a) the amounts which the Authority estimates will be paid to it in the year by billing authorities in accordance with regulations under section 99(3) of the Local Government Finance Act 1988, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4D) In estimating under subsection (5)(a) of section 85 above in the case of the Mayor's Office for Policing and Crime, the Authority must use such amounts as may be prescribed by the Secretary of State as the sums that are payable to the Mayor's Office for Policing and Crime in respect of the following items—

• (a) locally retained non-domestic rates,

• (b) revenue support grant, and

• (c) general GLA grant, ...

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4DA) In subsection (4D) above “locally retained non-domestic rates” means the sums received by the Authority under, or under regulations under, Schedule 7B to the Local Government Finance Act 1988, or under regulations under section 99(3) of that Act in connection with the operation of that Schedule.

• (4E) In subsection (4D) above, “prescribed” means specified in, or determined in accordance with, either—

• (a) the appropriate report or determination, or

• (b) regulations made by the Secretary of State,

as the Secretary of State may determine in the case of any particular item and any particular financial year or years.

• (4F) In subsection (4E) above, “the appropriate report or determination” means—

• (a) in the case of an item specified in paragraph (a) or (b) of subsection (4D) above, the local government finance report for the financial year in question, and

• (b) in the case of the item specified in paragraph (c) of that subsection, the determination under section 100 below for the financial year in question, ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The Secretary of State may by regulations do one or both of the following—

• (a) alter the constituents of any calculation to be made under subsection (4) or (5) of section 85 above (whether by adding, deleting or amending items);

• (b) alter the rules governing the making of any calculation under subsection (4F) or (5) of section 85 above (whether by deleting or amending subsections (2) to (4) above, or any of them, or by adding other provisions, or by a combination of those methods).

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for determining the council tax requirements.

87

Schedule 6 to this Act (which contains procedural requirements for determining the component council tax requirements and the consolidated council tax requirement) shall have effect.

Calculation of tax payable

Calculation of basic amount of tax.

88

• (1) Section 42B of the Local Government Finance Act 1992 shall not apply in relation to the Authority and the following provisions of this section shall have effect in relation to the Authority in place of that section.

• (2) In relation to each financial year the Authority shall calculate the basic amount of its council tax by applying the formula—

$$( R − A ) T$where—R is the amount calculated (or last calculated) by the Authority under section 85(8) above as its consolidated council tax requirement for the year;A is the amount of the special item;T is the aggregate of the amounts which are calculated by the billing authorities to which the Authority issues precepts (“the billing authorities concerned”) as their council tax bases for the year for their areas and are notified by them to the Authority within the prescribed period.$

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The Secretary of State shall make regulations containing rules for making for any year the calculations required by item T in subsection (2) above; and the billing authorities concerned shall make the calculations for any year in accordance with the rules for the time being effective (as regards the year) under the regulations.

• (7) Regulations prescribing a period for the purposes of item T in subsection (2) above may provide that, in any case where a billing authority fails to notify its calculation to the precepting authority within that period, that item shall be determined in the prescribed manner by such authority or authorities as may be prescribed.

• (8) The Secretary of State may by regulations do one or both of the following—

• (a) alter the constituents of any calculation to be made under subsection (2) above (whether by adding, deleting or amending items);

• (b) provide for rules governing the making of any calculation under that subsection (whether by adding provisions to, or deleting or amending provisions of, this section, or by a combination of those methods).

• (9) Any negative amount given by a calculation under subsection (2) above shall be assumed to be nil for the purposes of this Chapter and Chapter IV of Part I of the Local Government Finance Act 1992.

• (10) In this section special item has the same meaning as it has in section 89 below (see subsection (2) of that section).

Additional calculations: special item for part of Greater London.

89

• (1) Section 45 of the Local Government Finance Act 1992 shall not apply in relation to the Authority, and the following provisions of this section shall have effect in relation to the Authority in place of that section.

• (2) The following provisions of this section apply where for any financial year the item mentioned in section 90(1) below relates to a part only of Greater London; and in this section—

• (a) special item means that item; and

• (b) the relevant part, in relation to such an item, means the part of Greater London concerned.

• (3) The Authority shall calculate the basic amount of its council tax for dwellings in any part of its area to which the special item relates by adding to the amount given by the formula in section 88(2) above the amount which, in respect of the special item, is given by the formula in subsection (4) below.

• (4) For dwellings in any part of Greater London to which the special item relates, the amount in respect of the special item is given by the formula—

$$S 2 T P 2$where—S2 is the amount of the special item;TP2 is the aggregate of the amounts which are calculated by the billing authorities to which the Authority has power to issue precepts as respects the special item (“the billing authorities concerned”) as their council tax bases for the year for their areas and are notified by them to the Authority within the prescribed period.$

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Subsections (6) and (7) of section 88 above, and any regulations made under or by virtue of either of those subsections, shall have effect in relation to the calculation of TP2 in subsection (4) above as they have effect in relation to the calculation of T in subsection (2) of that section.

• (8) Any negative amount given by a calculation under this section shall be assumed to be nil for the purposes of this Chapter and Chapter IV of Part I of the Local Government Finance Act 1992.

• (9) The Secretary of State may by regulations do one or both of the following—

• (a) alter the constituents of any calculation to be made under or by virtue of subsection (3) above (whether by adding, deleting or amending items);

• (b) provide for rules governing the making of any calculation under or by virtue of that subsection (whether by adding provisions to, or deleting or amending provisions of, this section, or by a combination of those methods).

The special item for the purposes of section 89.

90

• (1) The item referred to in section 89(2) above is the special expense of the Mayor's Office for Policing and Crime.

• (2) For the purposes of subsection (1) above, the special expense of the Mayor's Office for Policing and Crime is the difference between—

• (a) the aggregate calculated (or last calculated) under subsection (4) of section 85 above in relation to the Mayor's Office for Policing and Crime, and

• (b) the amount calculated (or last calculated) under subsection (5) of that section in relation to that Office,

unless the aggregate referred to in paragraph (a) above does not exceed the aggregate referred to in paragraph (b) above, in which case the special expense is nil.

• (3) For the purposes of section 89 above, the special item relates to the part of Greater London which consists of the metropolitan police district.

Special items: amendments of section 46 of the 1992 Act.

91

• (1) Section 46 of the Local Government Finance Act 1992 (special items for the purposes of section 45 of that Act) shall be amended as follows.

• (2) In subsection (2) (special expenses) paragraph (d) (which relates to inner London etc) shall cease to have effect.

• (3) In subsection (3) (areas to which special expenses relate) paragraph (d) (which relates to inner London etc) shall cease to have effect.

• (4) In subsection (4) (interpretation)—

• (a) the definition of inner London area, and

• (b) the words from and any reference to the end of the subsection (which relate to parts of Greater London),

shall cease to have effect.

Calculation of tax for different valuation bands.

92

• (1) Section 47 of the Local Government Finance Act 1992 (calculation of tax for different valuation bands) shall be amended as follows.

• (2) After subsection (1) (which contains a formula and definitions of the terms used in the formula) there shall be inserted—

(1A) Where the precepting authority is the Greater London Authority, subsection (1) above shall have effect with the substitution of the following definition for the definition of A— “A is the amount calculated (or last calculated) by the Greater London Authority for that year under section 88(2) of the Greater London Authority Act 1999 or, where section 89 of that Act applies, the amount calculated (or last calculated) by it for that year under subsection (3) of that section in relation to that category of dwellings; ”.

• (3) After subsection (2) there shall be inserted—

(3) Where the precepting authority is the Greater London Authority, subsection (2) above shall have effect with the substitution for the reference to section 45 above of a reference to section 89 of the Greater London Authority Act 1999

Calculation of amount payable by each billing authority.

93

• (1) Section 48 of the Local Government Finance Act 1992 (calculation of amount payable by each billing authority) shall be amended as follows.

• (2) In subsection (1) there shall be added at the end

; and— (a) subsection (1A) below applies in relation to a precept issued by the Greater London Authority; and (b) subsections (2) to (6) below apply in relation to a precept issued otherwise than by the Greater London Authority.

• (3) After subsection (1) there shall be inserted—

(1A) Where an amount calculated (or last calculated) for the year under section 88(2) or 89(3) of the Greater London Authority Act 1999 applies to dwellings in the billing authority’s area, the amount payable by that authority shall be calculated by applying the formula— $CxT$ where— - C is the amount so calculated; and - T is the amount which, in relation to the billing authority, is determined for item T in section 33(1) above.

Substitute calculations etc.

Substitute calculations under section 49 of the 1992 Act.

94

• (1) Section 49 of the Local Government Finance Act 1992 (substitute calculations) shall be amended as follows.

• (2) For subsection (1) (power to make substitute calculations) there shall be substituted—

(1) A major precepting authority which has made calculations in relation to a financial year in accordance with— (a) sections 43 to 48 above (originally or by way of substitute), (b) sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, or (c) sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and sections 47 and 48 above (by way of substitute), may make calculations in substitution in relation to the year in accordance with the relevant provisions. (1A) For the purposes of subsection (1) above, the relevant provisions are— (a) in a case falling within paragraph (a), the provisions specified in that paragraph; and (b) in a case falling within paragraph (b) or (c), the provisions specified in paragraph (c).

• (3) In subsection (2) (cases where substitute calculations do not have effect)—

• (a) at the beginning of paragraph (a) there shall be inserted “ in the case of a major precepting authority other than the Greater London Authority, ”; and

• (b) after paragraph (a) there shall be inserted—

(aa) in a case where the major precepting authority is the Greater London Authority— (i) the amount of any component budget requirement calculated under subsections (4) to (7) of section 85 of the Greater London Authority Act 1999, (ii) the amount calculated under subsection (8) of that section, or (iii) any amount calculated under section 88(2) or 89(3) of that Act as the basic amount of council tax applicable to any dwelling, would exceed that so calculated in the previous calculations; or

• (c) in paragraph (b), after fails to comply with subsection (3) there shall be inserted “ or (3A) ”.

• (4) After subsection (3) (requirement to use previous values of T and TP) there shall be inserted—

(3A) In making substitute calculations under section 88(2) or 89(3) of the Greater London Authority Act 1999, the authority must use any amount determined in the previous calculations for item P1 or T in section 88(2) of that Act or for item P2 or item TP2 in section 89(4) of that Act.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) After subsection (5) (cases where previous calculations quashed for non-compliance with sections 43 to 48) there shall be inserted—

(6) Subsections (2) and (3A) above shall not apply if the previous calculations have been quashed because of a failure to comply with the appropriate Greater London provisions in making the calculations. (7) For the purposes of subsection (6) above, the appropriate Greater London provisions means— (a) in the case of calculations required to be made in accordance with sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, those provisions; and (b) in the case of calculations required to be made in accordance with sections 85, 86 and 88 to 90 of, and Schedule 7 to, that Act and sections 47 and 48 above, those provisions. (8) Where the major precepting authority is the Greater London Authority, any substitute calculations under this section shall be made in accordance with Schedule 7 to the Greater London Authority Act 1999.

Minimum budget for Mayor's Office for Policing and Crime.

95

• (1) This section applies where the Authority—

• (a) has made calculations in relation to a financial year in accordance with sections 85 to 90 above and sections 47 and 48 of the Local Government Finance Act 1992, or

• (b) has made substitute calculations in relation to a financial year in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act,

but it appears to the Secretary of State that the Mayor's Office for Policing and Crime, in order to restore or maintain an efficient and effective police force for its area, requires a greater component council tax requirement than that previously calculated under section 85 above.

• (2) Where this section applies, the Secretary of State may direct the Authority that there must be a component council tax requirement for the Mayor's Office for Policing and Crime for the year which is not less than such amount as may be specified in the direction.

• (2A) But the Secretary of State may not give a direction to the Authority under subsection (2) unless the Secretary of State is satisfied that it is necessary to give the direction in order to prevent the safety of people in the metropolitan police district from being put at risk.

• (3) The amount specified in a direction under subsection (2) above shall be that which the Secretary of State considers the minimum necessary in order for the Mayor's Office for Policing and Crime to restore or maintain an efficient and effective police force for its area.

• (3A) The power exercisable by virtue of subsection (2) above, and any direction given under that power, are subject to any limitation imposed under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 (council tax referendums).

• (4) Where a direction is given under this section, the Authority shall make calculations in substitution in relation to that year under subsections (4) to (7) of section 85 above in relation to—

• (a) the Mayor's Office for Policing and Crime alone; or

• (b) the Mayor's Office for Policing and Crime and one or more other constituent bodies.

• (5) If the result of the substitute calculations is such that—

• (a) there is an increase in the Authority’s consolidated council tax requirement for the year, or

• (b) there is no such increase, but the results of calculations in substitution made in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of the Local Government Finance Act 1992 would be different from the last relevant calculations in relation to the year,

the Authority shall make calculations in substitution in relation to the year in accordance with those provisions.

• (6) In subsection (5) above, the last relevant calculations means the last calculations made by the Authority in relation to the year in accordance with—

• (a) sections 85 to 90 above and sections 47 and 48 of the Local Government Finance Act 1992, or

• (b) sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act.

• (7) None of the substitute calculations shall have any effect if—

• (a) the amount calculated under section 85(6) or (7) above for the Mayor's Office for Policing and Crime is not in compliance with the direction; or

• (b) there is an increase in the Authority’s consolidated council tax requirement for the year (as last calculated) which exceeds the minimum increase required to be made to the component council tax requirement for the Mayor's Office for Policing and Crime (as last calculated for the year) to comply with the direction under subsection (2) above; or

• (c) in making substitute calculations under section 88(2) or 89(3) above, the Authority fails to comply with subsection (8) below.

• (8) In making substitute calculations under section 88(2) or 89(3) above, the Authority must use any amount determined in the previous calculations for item ... T in section 88(2) above or for ... item TP2 in section 89(4) above.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) Subsections (7)(c) and (8) above shall not apply if the previous calculations have been quashed because of a failure to comply with the appropriate Greater London provisions in making the calculations.

• (13) For the purposes of subsection (12) above, the appropriate Greater London provisions means—

• (a) in the case of calculations required to be made in accordance with sections 85 to 90 above and sections 47 and 48 of the Local Government Finance Act 1992, those provisions; and

• (b) in the case of calculations required to be made in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of that Act, those provisions.

• (14) Any substitute calculations under this section shall be made in accordance with Schedule 7 to this Act.

Provisions supplemental to section 95.

96

• (1) The Authority must—

• (a) make the substitute calculations required by section 95 above, and

• (b) where applicable, issue any precepts in substitution required in consequence under section 42 of the Local Government Finance Act 1992,

before the end of the period of 35 days beginning with the day on which it receives the direction under section 95 above.

• (2) If the Authority fails to comply with the requirements mentioned in paragraph (a) or (b) of subsection (1) above within the period mentioned in that subsection, any authority to which it has power to issue a precept shall have no power during the period of restriction to pay anything in respect of a precept issued by the Authority for the year.

• (3) For the purposes of subsection (2) above, the period of restriction is the period which—

• (a) begins at the end of the period mentioned in subsection (1) above; and

• (b) ends at the time (if any) when the Authority complies with the requirements mentioned in paragraphs (a) and (b) of subsection (1) above.

• (4) The following provisions of this section apply in relation to substitute calculations other than those made pursuant to section 95 above.

• (5) Subject to variation or revocation, a direction under section 95 above shall have effect in relation to any substitute calculations made under any enactment by the Authority—

• (a) in accordance with sections 85, 86 and 88 to 90 above and Schedule 7 to this Act and sections 47 and 48 of the Local Government Finance Act 1992;

• (b) in relation to the year to which the direction relates; and

• (c) at any time after the giving of the direction.

• (6) Where a direction under section 95 above has effect in relation to any substitute calculations by virtue of subsection (5) above, none of the calculations shall have any effect if the amount calculated under section 85(6) above for the Mayor's Office for Policing and Crime is not in compliance with the direction.

• (7) Subsections (5) and (6) above are subject to section 95(3A) (which provides that directions under that section are subject to the limitations imposed by the provisions about council tax referendums in Chapter 4ZA of Part 1 of the Local Government Finance Act 1992).

Emergencies and disasters.

97

• (1) Where—

• (a) the Authority has made calculations in accordance with subsections (4) to (7) of section 85 above (whether originally or by way of substitute), and

• (b) the Mayor is of the opinion that, because of an emergency or disaster involving destruction of or danger to life or property, it is appropriate to recalculate any component council tax requirements,

the Authority may make calculations in substitution in relation to the year in accordance with those subsections.

• (2) None of the substitute calculations shall have any effect if they involve—

• (a) any change in the sums paid or to be paid to any of the functional bodies otherwise than out of the aggregate specified in subsection (2) of section 102 below; or

• (b) any change in the Authority’s consolidated council tax requirement for the year.

• (3) Any substitute calculations under this section shall be made in accordance with Schedule 7 to this Act.

Procedure for making substitute calculations.

98

Schedule 7 to this Act (which contains procedural requirements for the making of substitute calculations by the Authority) shall have effect.

Supplementary

Interpretation of Chapter I.

99

In this Part—

• BID levy” has the same meaning as in Part 4 of the Local Government Act 2003;

• “budgetary provisions” has the meaning given in section 85(14) above;

• component council tax requirement has the meaning given in section 85(6) above;

• consolidated council tax requirement has the meaning given in section 85(8) above;

• constituent body has the meaning given in section 85(3) above;

• local government finance report means such a report under paragraph 5(1) of Schedule 7B to the Local Government Finance Act 1988;

• ...

• ...

Chapter II — Grants and locally retained Non-domestic Rates

Grants

General GLA grant.

100

• (1) The Secretary of State may pay a grant (to be called “general GLA grant”) to the Authority for a financial year.

• (2) The grant shall be paid for the purposes of the Authority and the functional bodies.

• (3) For each financial year for which general GLA grant is to be paid the Secretary of State shall make a determination under this section.

• (4) A determination shall state the amount of the grant for the year.

• (5) Before making a determination, the Secretary of State shall consult the Mayor.

• (6) The grant shall be paid in such instalments or such amounts and at such times as the Secretary of State may, with the Treasury’s consent, determine.

GLA transport grant.

101

• (1) For each financial year, the Secretary of State shall pay a grant (to be called GLA transport grant) to the Authority.

• (2) The grant shall be paid for the purposes of Transport for London.

• (3) For each financial year the Secretary of State, after consultation with the Mayor, shall make a determination stating the amount of the grant for the year.

• (4) The grant shall be paid in such instalments or such amounts and at such times as the Secretary of State may, with the Treasury’s consent, determine.

• (5) The amount of the grant, or any terms relating to payment of the grant, may be varied from time to time by the Secretary of State after consultation with the Mayor.

Distribution of grants etc.

Mayor to distribute grants etc between Authority and functional bodies.

102

• (1) For each financial year, it shall be the duty of the Authority to pay to each functional body, out of the aggregate specified in subsection (2) below, the amount required by the body out of that aggregate in accordance with the calculations (or last calculations) under section 85(4) to (7) of this Act.

• (2) The aggregate mentioned in subsection (1) above is the aggregate of the sums received by the Authority for the financial year in respect of—

• (a) revenue support grant;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) general GLA grant;

• (e) locally retained non-domestic rates;

• (f) any precept issued by the Authority; and

• (g) payments to the Authority by billing authorities in accordance with regulations under section 99(3) of the Local Government Finance Act 1988.

and which are credited to a revenue account for the year in accordance with proper practices.

• (3) The payments required by subsection (1) above shall be made by instalments during the financial year in question.

• (4) The instalments to be paid under subsection (3) above to a functional body shall be payments of such amounts, and shall be payable at such times, as will enable the body to meet its budgeted expenditure for the year as it falls due.

• (5) It shall be the duty of the Authority to pay instalments under subsection (3) above punctually.

• (6) In the application of subsection (4) above in relation to a functional body, budgeted expenditure means expenditure which, in accordance with the calculations (or last calculations) made under section 85(4) to (7) above, the body is to meet out of payments by way of instalments under this section.

• (7) If an overpayment is made to a functional body in respect of the sums payable to it by virtue of this section, the functional body shall, in accordance with any directions given to it for the purpose by the Mayor, make at such times and in such manner as may be specified in the directions such payments to the Authority by way of repayment as may be so specified.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) The reference in subsection (2)(e) to the sums received by the Authority for the financial year in respect of locally retained non-domestic rates is to the sums received by it in the year under, or under regulations under, Schedule 7B to the Local Government Finance Act 1988, or under regulations under section 99(3) of that Act in connection with the operation of that Schedule.

Authority’s duty to account to functional bodies for their grants.

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