Greater London Authority Act 1999

• (a) the Deputy Mayor for Fire,

• (b) the London Fire Commissioner,

• (c) any officer of the London Fire Commissioner,

• (d) any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (6) been the Deputy Mayor for Fire or the London Fire Commissioner.

• (8) Nothing in subsection (6) requires an officer of the London Fire Commissioner to give any evidence, or produce any document, which discloses advice given to the London Fire Commissioner by that officer.

• (9) The following provisions apply (with appropriate modifications) to a requirement under subsection (6) as they apply to a requirement under section 61(1)—

• (a) section 61(14) (meaning of document etc);

• (b) section 62(3) to (6) (procedure for requiring attendance);

• (c) section 63 (restriction of information);

• (d) section 64 (failure to attend proceedings);

• (e) section 65 (openness).

Part VII — The London Fire and Emergency Planning Authority

Reconstitution of the Fire etc Authority.

328

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

Directions etc by the Mayor

328A

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

Directions to the Mayor by the Secretary of State

328B

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

Role as the fire authority for Greater London.

329

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

Civil defence.

330

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

Openness.

331

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

Discharge of functions.

332

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

Miscellaneous powers and duties.

333

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

Part 7A — Housing and regeneration

Functions in relation to land

Compulsory acquisition of land

333ZA

• (1) The Authority may acquire land in Greater London compulsorily for the purposes of housing or regeneration.

• (2) The Authority may exercise the power in subsection (1) only if the Secretary of State authorises it to do so.

• (3) The power in subsection (1) includes power to acquire new rights over land.

• (4) Subsection (5) applies where—

• (a) land forming part of a common, open space or allotment is being acquired under subsection (1), or

• (b) new rights are being acquired under subsection (1) over land forming part of a common, open space or allotment.

• (5) The power under subsection (1) includes power to acquire land compulsorily for giving in exchange for that land or those new rights.

• (6) Part 1 of Schedule 2 to the Housing and Regeneration Act 2008 (compulsory acquisition of land by the Homes and Communities Agency) applies in relation to the acquisition of land under subsection (1) as it applies in relation to the acquisition of land under section 9 of that Act.

• (7) In that Part of that Schedule as applied by subsection (6)—

• (a) references to section 9 of that Act are to be read as references to subsection (1),

• (b) references to the Homes and Communities Agency are to be read as references to the Authority, and

• (c) references to Part 1 of that Act are to be read as references to this Part.

• (8) The provisions of Part 1 of the Compulsory Purchase Act 1965 (other than section 31) apply, so far as applicable, to the acquisition by the Authority of land by agreement for the purposes of housing or regeneration.

• (9) In this section—

• “allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• “common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981;

• “open space” means any land which is—laid out as a public garden,used for the purposes of public recreation, ora disused burial ground.

Acquisition of land by agreement

333ZAA

The Authority may acquire land in Greater London by agreement for the purposes of housing or regeneration.

Powers in relation to land ... held for housing or regeneration purposes

333ZB

• (1) Schedule 3 to the Housing and Regeneration Act 2008 (powers in relation to land acquired by the Homes and Communities Agency) applies in relation to the Authority and land held by it for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and its land.

• (2) In that Schedule as applied by subsection (1)—

• (a) references to the Homes and Communities Agency are to be read as references to the Authority , and

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) references to the Homes and Communities Agency's land are to the Authority's land held by it for the purposes of housing or regeneration.

• (3) Schedule 4 to that Act (powers in relation to, and for, statutory undertakers) applies in relation to the Authority and land held by it for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and its land.

• (4) In that Schedule as applied by subsection (3)—

• (a) references to the Homes and Communities Agency are to be read as references to the Authority,

• (b) references to the Homes and Communities Agency's land are to the Authority's land held by it for the purposes of housing or regeneration,

• (c) references to Part 1 of that Act are to be read as references to this Part, and

• (d) references to the functions of the Homes and Communities Agency under Part 1 of that Act are to be read as references to the functions of the Authority relating to housing or regeneration.

• (5) In this section references to the Authority include a company or body through which the Authority exercises functions in relation to housing or regeneration.

• (6) Subsection (5) does not affect the application of Parts 3 and 4 of Schedule 4 to the Housing and Regeneration Act 2008—

• (a) in relation to the acquisition of land by the Authority under this Part, or

• (b) in relation to land in respect of which functions of the Authority relating to housing or regeneration are being or have been exercised.

Disposal etc of land held for housing and regeneration purposes

333ZC

• (1) The Authority may not dispose of land held by it for the purposes of housing or regeneration for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.

• (2) Consent under subsection (1)—

• (a) may be general or specific;

• (b) may be given unconditionally or subject to conditions.

• (3) Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—

• (a) the grant of a term of not more than 7 years, or

• (b) the assignment of a term which, at the date of assignment, has not more than 7 years to run.

• (4) A disposal of land by the Authority is not invalid merely because any consent required by subsection (1) has not been given.

• (5) A person dealing with—

• (a) the Authority, or

• (b) a person claiming under the Authority,

in relation to any land need not be concerned as to whether any consent required by subsection (1) has been given.

Power to enter and survey land

333ZD

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

Social housing

Social housing

333ZE

• (1) Subject to subsection (2), sections 31 to 36 of the Housing and Regeneration Act 2008 (social housing functions) apply in relation to the Authority as they apply in relation to the Homes and Communities Agency.

• (2) In those sections as applied by subsection (1)—

• (a) references to the Homes and Communities Agency are to be read as references to the Authority,

• (b) the definition of “social housing assistance” in section 32(13) is to be read as if the reference to financial assistance given under section 19 of that Act were to financial assistance given by the Authority,

• (c) section 34 is to be read as if subsection (1) were omitted, and

• (d) section 35(1) is to be read as if the reference to section 19 of the Housing and Regeneration Act 2008 were omitted and as if the reference in paragraph (b) to a dwelling in England outside Greater London were to a dwelling in Greater London.

• (3) Sums received by the Authority in respect of repayments of grants made by it for the purposes of social housing are to be used by it for those purposes.

Relationship with the Regulator of Social Housing: general

333ZF

• (1) The Authority must, in the exercise of its housing and regeneration functions, co-operate with the Regulator of Social Housing (referred to in this Part as “the Regulator”).

• (2) In particular, the Authority must consult the Regulator on matters likely to interest the Regulator in the exercise of its social housing functions.

• (3) The Regulator must, in the exercise of its social housing functions, co-operate with the Authority.

• (4) In particular, the Regulator must consult the Authority on matters likely to interest the Authority in the exercise of its housing and regeneration functions.

Relationship with the Regulator of Social Housing: directions

333ZG

• (1) The Regulator may direct the Authority not to give financial assistance in connection with social housing to a specified registered provider of social housing.

• (2) A direction may be given if—

• (a) the Regulator has decided to hold an inquiry into affairs of the registered provider of social housing under section 206 of the Housing and Regeneration Act 2008 (and the inquiry is not concluded),

• (b) an event mentioned in section 145(2) of that Act has occurred in relation to the registered provider of social housing, or

• (c) the Regulator has appointed an officer of the registered provider of social housing under section 269 of that Act (and the person appointed has not vacated office).

• (3) A direction may prohibit the Authority from giving assistance of a specified kind (whether or not in pursuance of a decision already taken and communicated to the registered provider of social housing).

• (4) A direction may not prohibit grants to a registered provider of social housing in respect of discounts given by the provider on disposals of dwellings to tenants.

• (5) A direction has effect until withdrawn.

• (6) In this section the following terms have the same meaning as in Part 2 of the Housing and Regeneration Act 2008—

• “disposal” (see section 273 of that Act);

• “dwelling” (see section 275 of that Act);

• “tenant” (see section 275 of that Act).

Relationship with the Regulator of Social Housing: further provisions

333ZH

• (1) Subsection (2) applies if the Authority is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation.

• (2) The Authority must consult the Regulator about the proposals.

• (3) The Authority must notify the Regulator at least 14 days before exercising, in relation to a registered provider of social housing, any of the powers conferred by section 32(2) to (4) of the Housing and Regeneration Act 2008 (recovery etc of social housing assistance).

• (4) The Authority must consult the Regulator before making a general determination under section 32 or 33 of the Housing and Regeneration Act 2008.

• (5) For the purposes of this section a person provides low cost home ownership accommodation if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost home ownership accommodation or ensures such acquisition, construction or conversion by another.

• (6) In this section “low cost home ownership accommodation” has the meaning given by section 70 of the Housing and Regeneration Act 2008.

Exercise of functions in relation to certain property etc

Exercise of functions by the Authority in relation to certain property etc

333ZI

• (1) The Authority may do in relation to any property, rights or liabilities, or any undertaking, to which this section applies anything that the Commission for the New Towns or (as the case may be) an urban development corporation could do in relation to the property, rights or liabilities or the undertaking.

• (2) This section applies to—

• (a) any property, rights or liabilities that—

• (i) have been or are to be transferred to the Authority from the Homes and Communities Agency by virtue of section 190 of the Localism Act 2011, and

• (ii) were transferred to the Homes and Communities Agency from the Commission for the New Towns by virtue of section 51 of and Schedule 6 to the Housing and Regeneration Act 2008,

• (b) an undertaking, or part of an undertaking, of an urban development corporation that has been or is to be transferred to the Authority by virtue of an agreement under section 165 of the Local Government, Planning and Land Act 1980,

• (c) any property, rights or liabilities of an urban development corporation that have been or are to be transferred to the Authority by virtue of an order under section 165B of the Local Government, Planning and Land Act 1980, and

• (d) any property, rights or liabilities that—

• (i) have been or are to be transferred to the Authority from the Homes and Communities Agency by virtue of section 190 of the Localism Act 2011, and

• (ii) were transferred to the Homes and Communities Agency from an urban development corporation by virtue of an order under section 165B of the Local Government, Planning and Land Act 1980.

• (3) In any enactment (whenever passed or made) references to the Authority's new towns and urban development functions are to its functions in relation to any property, rights or liabilities, or any undertaking, to which this section applies (whether exercisable by virtue of this section or otherwise).

• (4) In subsection (3) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

Grants for housing and regeneration purposes

Grants to the Authority for housing and regeneration purposes

333ZJ

• (1) The Secretary of State may pay to the Authority grants of such amounts as the Secretary of State may, with the Treasury's consent, determine in respect of the exercise of the Authority's functions relating to housing and regeneration.

• (2) A grant under this section may be paid at such times, or in such instalments at such times, as the Secretary of State may, with the Treasury's consent, determine.

• (3) A grant under this section may be made subject to such conditions as the Secretary of State may determine.

• (4) Conditions under subsection (3) may, in particular, include—

• (a) provision as to the use of the grant;

• (b) provision as to the use of any funds generated by activities funded by the grant;

• (c) provision as to the circumstances in which the whole or part of the grant must be repaid.

The London housing strategy

The London housing strategy

333A

• (1) The Mayor shall prepare and (subject to section 333B(1) below) publish a document to be known as the “London housing strategy”.

• (2) The London housing strategy shall contain—

• (a) the Mayor's assessment of housing conditions in Greater London and of the needs of Greater London with respect to the provision of further housing accommodation;

• (b) any proposals or policies of the Mayor to promote the improvement of those conditions and the meeting of those needs;

• (c) a statement of the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of improving those conditions and meeting those needs;

• (d) a statement of the Mayor's spending proposals for the relevant period.

• (3) The Mayor's spending proposals for any period are—

• (a) a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be made available to the Authority;

• (b) proposals as to the exercise by the Authority of its functions of giving housing financial assistance (see subsection (4) below);

• (c) a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be granted to each local housing authority in Greater London.

• (4) Proposals under subsection (3)(b) above may include—

• (a) proposals as to the amount of housing financial assistance to be given for different activities or purposes;

• (b) proposals as to the number, type and location of houses to be provided by means of housing financial assistance.

• (5) The London housing strategy shall contain a statement of the Mayor's expectations as to how local housing authorities will use any money granted to them as mentioned in subsection (3)(c) above.

• (6) The London housing strategy shall also contain such other matters relating to housing in Greater London as the Secretary of State may direct.

• (7) In preparing or revising the London housing strategy the Mayor shall have regard to—

• (a) the effect of his proposals and policies on any region which adjoins Greater London;

• (b) any guidance given to him by the Secretary of State regarding the preparation or revision of the strategy.

• (8) In preparing or revising the London housing strategy the Mayor shall consult—

• (a) the Homes and Communities Agency ;

• (ab) the Regulator of Social Housing;

• (b) such bodies as appear to him to be representative of private registered providers of social housing.

• (9) Where the Mayor revises the London housing strategy, he shall (subject to section 333B(1) below) publish it as revised.

• (10) In this section—

• “housing accommodation” and “house” are to be construed in accordance with section 56 of the Housing Act 1985;

• “housing financial assistance” means financial assistance given by the Authority in connection with the provision of housing accommodation;

• “local housing authority” has the same meaning as in section 1 of the Housing Act 1985;

• “provide”, in relation to houses or housing accommodation, includes— provide by way of acquisition, construction, conversion, improvement or repair; andprovide indirectly;

• “region” has the same meaning as in section 1 of the Regional Development Agencies Act 1998;

• ...

• “the relevant period” means such period as is specified by the Secretary of State in guidance under subsection (7)(b) above;

...

• (11) In this Act, references to the London housing strategy include, except where the context otherwise requires, a reference to the London housing strategy as revised.

Submission of draft strategy to Secretary of State before publication

333B

• (1) The Mayor shall not publish the London housing strategy under section 333A(1) or (9) above until—

• (a) he has submitted to the Secretary of State a draft of the strategy he intends to publish together with a statement of that intention, and

• (b) the condition in subsection (2) is met.

• (2) The condition is that—

• (a) the consideration period has expired without the Secretary of State giving a direction under subsection (4) below, or

• (b) the Secretary of State has given such a direction and the Mayor has complied with it.

• (3) If the Secretary of State considers that—

• (a) the draft strategy is inconsistent with current national policies relating to housing, or

• (b) the implementation of the draft strategy would be detrimental to the interests of a region (within the meaning of section 333A above) which adjoins Greater London,

subsection (4) below applies.

• (4) If, in any such case, the Secretary of State considers it expedient to do so for the purpose of—

• (a) removing the inconsistency mentioned in subsection (3)(a) above, or

• (b) avoiding the detriment mentioned in subsection (3)(b) above,

he may direct the Mayor to make such modifications to the draft as are specified in the direction.

• (5) If the Secretary of State gives a direction under this section, the Mayor must make the modifications specified in the direction.

• (6) The Secretary of State must consult the Mayor before giving him a direction under this section.

• (7) The consideration period is—

• (a) the period of 6 weeks beginning with the date notified to the Mayor by the Secretary of State as the date on which he received the draft strategy and statement of intention to publish it, or

• (b) such longer period beginning with that date as the Secretary of State may specify in any particular case.

Reviews of the strategy

333C

• (1) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction,—

• (a) review the London housing strategy or such part of it as may be specified in the direction, and

• (b) make such revisions of the strategy or that part as he considers necessary in consequence of the review.

• (2) The Secretary of State must consult the Mayor before giving him a direction under this section.

• (3) Subsection (1) does not affect section 41(2) above.

Duties of the Authority and local authorities

333D

• (1) In exercising any function relating to housing or regeneration, the Authority shall have regard to the London housing strategy.

• (2) Any local housing strategy prepared by a local housing authority in Greater London must be in general conformity with the London housing strategy.

• (3) In subsection (2)—

• “local housing strategy” means—...any ... statement of the local housing authority's policies or proposals relating to housing;

• “local housing authority” has the same meaning as in section 333A above.

Transfer schemes

333DA

• (1) The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of a specified public body to—

• (a) the Authority, or

• (b) a company or body through which the Authority exercises functions in relation to housing or regeneration.

• (2) In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State.

• (3) On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

• (4) The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions.

• (5) A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).

• (6) In this section—

• “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;

• “public body” means a person or body with functions of a public nature.

• (7) This section and sections 333DB and 333DC bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to—

• (a) Her Majesty in right of the Crown,

• (b) Her Majesty in right of Her private estates,

• (c) Her Majesty in right of the Duchy of Lancaster, or

• (d) the Duchy of Cornwall.

• (8) The reference in subsection (7) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.

Further provisions about transfer schemes

333DB

• (1) A transfer scheme may—

• (a) create for the transferor interests in, or rights over, property transferred by virtue of the scheme,

• (b) create for a transferee interests in, or rights over, property retained by the transferor or transferred to another transferee,

• (c) create rights or liabilities between the transferor and a transferee or between transferees.

• (2) A transfer scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.

• (3) In particular, a transfer scheme may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

• (4) It does not matter whether the provision referred to in subsection (3) has effect under an enactment or an agreement or in any other way.

• (5) A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a transfer scheme is conclusive evidence for all purposes of that fact.

• (6) A transfer scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.

• (7) A transfer by virtue of a transfer scheme does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

• (8) Anything which—

• (a) is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a transfer scheme, and

• (b) is in effect immediately before the transfer date,

is to be treated as done by the transferee.

• (9) There may be continued by or in relation to the transferee anything (including legal proceedings)—

• (a) which relates to anything transferred by virtue of a transfer scheme, and

• (b) which is in the process of being done by or in relation to the transferor immediately before the transfer date.

• (10) Subsection (11) applies to any document—

• (a) which relates to anything transferred by virtue of a transfer scheme, and

• (b) which is in effect immediately before the transfer date.

• (11) Any references in the document to the transferor are to be read as references to the transferee.

• (12) A transfer scheme may include supplementary, incidental, transitional and consequential provision.

• (13) In this section—

• “enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;

• “transfer scheme” means a transfer scheme under section 333DA;

• “transfer date” means a date specified by a transfer scheme as the date on which the scheme is to have effect.

Tax consequences of transfers under section 333DA

333DC

• (1) The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—

• (a) any property, rights or liabilities transferred in accordance with a transfer scheme, or

• (b) anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme.

• (2) The provision that may be made under subsection (1)(a) includes, in particular, provision for—

• (a) a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;

• (b) any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;

• (c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.

• (3) The provision that may be made under subsection (1)(b) includes, in particular, provision for—

• (a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;

• (b) anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way;

• (c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.

• (4) In this section—

• “enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;

• “relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;

• “tax provision” means a provision of an enactment about a relevant tax;

• “transfer scheme” means a transfer scheme under section 333DA.

• (5) References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme include references to—

• (a) the creation of interests, rights or liabilities under the scheme, and

• (b) the modification of interests, rights or liabilities under the scheme,

(and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).

Interpretation

Interpretation of Part 7A

333E

In this Part—

• “building” means a building or other structure (including a house-boat or caravan);

• “caravan” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960;

• “housing” means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; and includes a hostel which provides temporary residential accommodation;

• “land” includes housing or other buildings (and see also the definition in Schedule 1 to the Interpretation Act 1978);

• “the Regulator” has the meaning given by section 333ZF(1);

• “social housing” (except as part of the expression “social housing functions”) has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see section 68 of that Act).

PART 7B — Economic development

Economic development strategy for London

333F

• (1) The Mayor shall prepare and publish a document to be known as the “Economic development strategy for London”.

• (2) The Economic development strategy for London is to contain—

• (a) the Mayor's assessment of the economic conditions of Greater London, and

• (b) the Mayor's policies and proposals for the economic development and regeneration of Greater London, including the Mayor's strategy for—

• (i) promoting business efficiency, investment and competitiveness in Greater London,

• (ii) promoting employment in Greater London, and

• (iii) enhancing the development of skills relevant to employment in Greater London.

The references in this subsection to Greater London include its rural parts as well as its non-rural parts.

• (3) In preparing or revising the Economic development strategy for London the Mayor must consult—

• (a) such persons as appear to the Mayor to represent employers in Greater London, and

• (b) such persons as appear to the Mayor to represent employees in Greater London.

• (4) Each of the functional bodies must in the exercise of any function have regard to the Economic development strategy for London.

• (5) The Secretary of State may give guidance to the Mayor about the exercise of the Mayor's functions in relation to the Economic development strategy for London with respect to—

• (a) the matters to be covered by that strategy or that strategy as revised, and

• (b) the issues to be taken into account in preparing or revising that strategy.

• (6) The issues mentioned in subsection (5)(b) above include issues relating to any one or more of the following—

• (a) Greater London,

• (b) any area of England outside Greater London, and

• (c) any part of the United Kingdom outside England.

• (7) The Mayor is to have regard to any guidance given under subsection (5) above.

• (8) Where the Secretary of State considers—

• (a) that the Economic development strategy for London (or any part of it) is inconsistent with national policies, or

• (b) that the Economic development strategy for London or its implementation is having, or is likely to have, a detrimental effect on any area outside Greater London,

the Secretary of State may direct the Mayor to make such revisions of the strategy as may be specified in the direction in order to remove the inconsistency or, as the case may be, the detrimental effect or likely detrimental effect.

• (9) Where the Secretary of State gives the Mayor a direction under subsection (8) above, the Mayor must revise the Economic development strategy for London in accordance with the direction.

• (10) Where the Mayor revises the Economic development strategy for London in accordance with subsection (9) above, subsection (3) above and section 42 above do not apply.

• (11) For the purposes of subsection (8) above “national policies” are any policies of Her Majesty's government which are available in a written form and which—

• (a) have been laid or announced before, or otherwise presented to, either House of Parliament, or

• (b) have been published by a Minister of the Crown.

Public authorities: duty to have regard to shared local growth priorities for London

333G

• (1) A relevant public authority must have regard to a shared local growth priority for Greater London when—

• (a) exercising, at the request of the Mayor, a function which could reasonably be expected to have an effect on that priority;

• (b) preparing a bid for public funding for an activity the objectives of which align with that priority;

• (c) preparing a statutory plan or strategy which relates to the priority.

• (2) Where a relevant public authority carries out activities in England and anywhere else in the United Kingdom, the duty under subsection (1) only applies in relation to activities that the authority carries out in England.

• (3) A “shared local growth priority for Greater London” is a priority for the economic growth of Greater London that is—

• (a) agreed between the Mayor and the Secretary of State, and

• (b) published by the Mayor.

• (4) A “relevant public authority” means a public authority specified in regulations made by the Secretary of State.

• (5) In this section—

• “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “public authority” means any public authority other than—the Welsh Ministers;a devolved Welsh authority within the meaning of section 157A of the Government of Wales Act 2006;

• “public funding” means funding from a Minister of the Crown or government department;

• “statutory plan or strategy” means a plan or strategy that a public authority is required by an enactment to issue or publish.

• (6) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

Part VIII — Planning

The Mayor’s spatial development strategy

The spatial development strategy.

334

• (1) The Mayor shall prepare and publish a document to be known as the “spatial development strategy”.

• (2) The spatial development strategy must include a statement formulating the Mayor’s strategy for spatial development in Greater London.

• (3) For the purposes of this Part, the Mayor’s strategy for spatial development includes his general policies in respect of the development and use of land in Greater London.

• (4) The spatial development strategy must include statements dealing with the general spatial development aspects of—

• (a) such of the other strategies prepared and published, or to be prepared and published, under the enactments mentioned in section 41(1) above as involve considerations of spatial development, and

• (b) such of the Mayor’s other policies or proposals as involve such considerations,

whether or not the strategy, policy or proposal relates to the development or use of land.

• (5) The spatial development strategy must deal only with matters which are of strategic importance to Greater London.

• (6) In determining for the purposes of this Part whether a matter is of strategic importance to Greater London, it is immaterial whether or not the matter affects the whole area of Greater London.

• (7) The spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed by regulations under section 343 below.

• (8) The spatial development strategy may make different provision for different cases or for different parts of Greater London.

Public participation.

335

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Before determining the contents of the spatial development strategy, the Mayor shall—

• (a) prepare a draft of his proposed spatial development strategy;

• (b) make copies available for inspection at such places as may be prescribed by regulations under section 343 below;

• (c) send a copy to each of the bodies and persons specified in subsection (3) below;

• (d) comply with any requirements imposed by regulations under section 343 below; and

• (e) consider any representations made in accordance with the regulations.

• (3) The bodies and persons mentioned in subsection (2)(c) above are—

• (a) the Secretary of State;

• (aa) the Assembly and the functional bodies;

• (b) every London borough council;

• (c) the council of any county or district whose area adjoins Greater London and is affected by the proposed spatial development strategy;

• (d) such other persons or bodies as may be prescribed by regulations under section 343 below; and

• (e) any other body to which, or person to whom, the Mayor considers it appropriate to send a copy.

• (4) In determining the bodies to which or persons to whom it is appropriate to send a copy of the strategy under subsection (3)(e) above (if any), the bodies to which and the persons to whom the Mayor considers sending a copy must include bodies of each of the descriptions specified in section 32(3) above.

• (5) Each copy made available for inspection or sent under subsection (2) above shall be accompanied by a statement of the prescribed period within which representations may be made to the Mayor.

• (6) The persons who may make representations in accordance with the regulations include, in particular, the bodies and persons specified in subsection (3) above.

• (7) In this Part “representations made in accordance with the regulations” means representations made—

• (a) in accordance with regulations made under section 343 below; and

• (b) within the prescribed period.

• (8) In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations made under section 343 below.

Withdrawal.

336

• (1) The proposed spatial development strategy prepared under section 335(2)(a) above may be withdrawn by the Mayor at any time before he publishes the spatial development strategy.

• (2) On the withdrawal of the proposed spatial development strategy, the Mayor shall—

• (a) withdraw the copies made available for inspection in accordance with section 335 above; and

• (b) give notice that the proposed spatial development strategy has been withdrawn to every body or person falling within subsection (3) below.

• (3) Those bodies and persons are—

• (a) the Assembly;

• (b) each of the functional bodies;

• (c) each of the bodies and persons specified in section 335(3) above; and

• (d) every body which, or person who, made representations in accordance with the regulations.

• (4) This section does not affect the duty to prepare and publish a spatial development strategy in accordance with the provisions of this Part.

Publication.

337

• (1) Subject to the following provisions of this section, the Mayor may publish the spatial development strategy.

• (2) The spatial development strategy published by the Mayor must be in the form of the proposed spatial development strategy under section 335(2)(a) above, either as originally prepared or as modified to take account of—

• (a) any representations made in accordance with the regulations;

• (b) any direction given under subsection (7) below and not withdrawn;

• (c) any report made under section 338 below by a person conducting an examination in public; or

• (d) any other material considerations.

• (3) Subsection (2) above is subject to the following provisions of this section.

• (4) The spatial development strategy must not be published by the Mayor until after—

• (a) he has considered any representations made in accordance with the regulations, or

• (b) if no such representations are made, the expiry of the prescribed period,

and, in either case, if an examination in public is to be held under section 338 below, must not be published until after the report of the person or persons conducting the examination in public has been made to the Mayor.

• (5) The provision that may be made by regulations under section 343 below includes provision prohibiting publication of the spatial development strategy until such further procedures as may be prescribed have been complied with.

• (6) If at any time it appears to the Secretary of State that it is expedient to do so for the purpose of avoiding—

• (a) any inconsistency with current national policies or relevant regional planning guidance the regional spatial strategy for a region which adjoins Greater London, or

• (b) any detriment to the interests of an area outside Greater London,

he may, at any time before the Mayor has published the spatial development strategy, give the Mayor a direction under subsection (7) below.

• (7) A direction under this subsection is a direction to the Mayor not to publish the spatial development strategy except in a form which includes modifications to the proposed spatial development strategy in such respects as are indicated in the direction, in order to—

• (a) remove the inconsistency mentioned in subsection (6)(a) above; or

• (b) avoid the detriment mentioned in subsection (6)(b) above.

• (8) Where a direction under subsection (7) above is given to the Mayor, the Mayor must not publish the spatial development strategy unless—

• (a) he satisfies the Secretary of State that he has made the modifications necessary to conform with the direction; or

• (b) the direction is withdrawn.

• (9) Subject to the following provisions of this Part, the spatial development strategy shall become operative on the date on which it is published by the Mayor.

• (10) For the purposes of this section “relevant regional planning guidance” means any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London.

• (11) In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations made under section 343 below.

Examination in public.

338

• (1) Before publishing the spatial development strategy, the Mayor shall, unless the Secretary of State otherwise directs, cause an examination in public to be held.

• (2) The following provisions of this section have effect in relation to an examination in public under subsection (1) above.

• (3) An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.

• (4) The matters examined at an examination in public shall be such matters affecting the consideration of the spatial development strategy as the person or persons conducting the examination in public may consider ought to be so examined.

• (5) The person or persons conducting an examination in public shall make a report to the Mayor.

• (6) No person shall have a right to be heard at an examination in public.

• (7) The following may take part in an examination in public—

• (a) the Mayor; and

• (b) any person invited to do so by the person or persons conducting the examination in public.

• (8) The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at an examination in public.

• (9) The Authority shall defray—

• (a) the fees and expenses of the person appointed to conduct an examination in public; and

• (b) any other costs of holding an examination in public.

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

Review, alteration and replacement

Review of matters affecting the strategy.

339

• (1) The Mayor shall keep under review the matters which may be expected to affect the development of Greater London or the planning of its development or which are otherwise relevant to the content of the spatial development strategy.

• (2) For the purpose of discharging his functions under subsection (1) above of keeping under review any matters relating to the area of a local planning authority outside Greater London, the Mayor shall consult that local planning authority about those matters.

Reviews of the strategy.

340

• (1) It shall be the duty of the Mayor to review the spatial development strategy from time to time.

• (2) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, review the spatial development strategy or such part of it as may be specified in the direction.

Alteration or replacement.

341

• (1) The Mayor may at any time prepare and publish—

• (a) alterations of the spatial development strategy, or

• (b) a new spatial development strategy to replace it.

• (2) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, prepare and publish—

• (a) such alterations of the spatial development strategy as the Secretary of State directs; or

• (b) a new spatial development strategy to replace it.

• (3) This Part (other than section 334(1) above) shall apply in relation to the preparation and publication of—

• (a) alterations of the spatial development strategy, or

• (b) a new spatial development strategy to replace it,

as it applies in relation to the preparation and publication of the spatial development strategy (and shall apply in relation to the altered or new spatial development strategy as it applies in relation to the spatial development strategy).

• (4) In this Act, references to the spatial development strategy include, except where the context otherwise requires, a reference to—

• (a) the spatial development strategy as altered; or

• (b) a new spatial development strategy which replaces a previous spatial development strategy.

Supplementary provisions

Matters to which the Mayor is to have regard.

342

• (1) In exercising his functions under the preceding provisions of this Part, the Mayor shall have regard to—

• (a) any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London; and

• (a) the regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009 for a region which adjoins Greater London;

• (b) such other matters as the Secretary of State may prescribe.

• (2) The matters to which the Mayor is to have regard by virtue of subsection (1) above are in addition to the matters to which he is to have regard by virtue of section 41(4) above.

Regulations.

343

• (1) Without prejudice to any other provision of this Part, the Secretary of State may make regulations with respect to all or any of the following—

• (a) the form and content of the spatial development strategy;

• (b) the documents (if any) which he requires to accompany the spatial development strategy;

• (c) the procedure to be followed in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy or in connection with any review under section 339 above.

• (2) Regulations under this Part may make different provision for different parts of Greater London.

Implementation

Amendments of the Town and Country Planning Act 1990.

344

• (1) The Town and Country Planning Act 1990 shall be amended as follows.

• (2) In section 12 (preparation of unitary development plan) after subsection (3B) there shall be inserted—

(3C) In the case of a London borough, Part I of the unitary development plan shall be in general conformity with the spatial development strategy for the time being in force.

• (3) In subsection (7) of that section (Part II to be in general conformity with Part I) after “Part I” there shall be inserted “ and, in the case of a London borough council, with the spatial development strategy ”.

• (4) In section 13 (public participation) after subsection (1) there shall be inserted—

(1A) Where the local planning authority for a London borough have prepared a unitary development plan, they shall, before complying with subsection (2), make an application in accordance with regulations under section 26 to the Mayor of London for his written opinion whether the unitary development plan is in general conformity with the spatial development strategy.

• (5) After subsection (5) of that section there shall be inserted—

(5A) If, on an application under subsection (1A), the opinion given by the Mayor of London in accordance with regulations under section 26 is that the unitary development plan is not in general conformity with the spatial development strategy, the giving of the opinion shall be treated as the making by the Mayor of objections in accordance with the regulations.

• (6) In section 15 (adoption of unitary development plan by local planning authority) after subsection (2) there shall be inserted—

(2A) A unitary development plan shall not be adopted by a London borough council unless Parts I and II of the plan are in general conformity with the spatial development strategy.

• (7) After section 21 there shall be inserted—

(21A) (1) Where— (a) a local planning authority in Greater London propose to make, alter or replace a unitary development plan; (b) copies of proposed alterations of, or of a proposed new spatial development strategy to replace, the spatial development strategy have been made available for inspection under section 335(2) of the Greater London Authority Act 1999; and (c) the local planning authority include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption, the permitted assumption shall, subject to subsection (4), be made for all purposes (including in particular any question as to conformity between the plan and the spatial development strategy). (2) In this section “the permitted assumption” means the assumption that— (a) the proposed alterations or new spatial development strategy mentioned in subsection (1)(b); or (b) if any proposed modifications to those proposed alterations or that new spatial development strategy have been published in accordance with regulations made under section 343 of the Greater London Authority Act 1999, the proposed alterations or spatial development strategy as so modified, have become operative under section 337(9) of that Act. (3) For the purposes of subsection (1)(c) a copy is a relevant copy of a plan or proposals if it is served on the Greater London Authority. (4) The permitted assumption shall not be made at any time after the local planning authority know that the proposed alterations or new spatial development strategy mentioned in subsection (1)(b) have been withdrawn. ”

• (8) In section 26 (regulations and directions) in subsection (2), after paragraph (b) there shall be inserted—

(bb) make provision with respect to the making of an application to the Mayor of London for a written opinion under section 13(1A) and the giving by him of such an opinion (including provision as to the time within which such an application or opinion must be made or given);

• (9) In section 74 (directions etc as to method of dealing with applications) after subsection (1A) there shall be inserted—

(1B) Provision may be made by a development order— (a) for enabling the Mayor of London in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for a London borough to refuse an application for planning permission of a prescribed description in any particular case; (b) for prohibiting a local planning authority to which any such direction is given from implementing the direction in prescribed circumstances or during prescribed periods; and (c) for modifying any provision of this Act relating to an appeal against a refusal of planning permission (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with such a direction; and in the preceding provisions of this subsection “prescribed” means prescribed by, or by directions made under, a development order. (1C) In determining whether to exercise any power under subsection (1B) to direct a local planning authority to refuse an application, the Mayor of London shall have regard to— (a) the development plan, and (b) the spatial development strategy prepared and published under Part VIII of the Greater London Authority Act 1999, so far as material to the application.

• (10) In section 336 (interpretation) the following definition shall be inserted at the appropriate place in subsection (1)—

• “spatial development strategy” shall be construed in accordance with Part VIII of the Greater London Authority Act 1999 (planning);

Town and Country Planning Act 1990: costs of appeals.

345

After section 322A of the Town and Country Planning Act 1990 there shall be inserted—

(322B) (1) This section applies where— (a) the local planning authority for a London borough refuse an application for planning permission, (b) that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and (c) an appeal against the refusal is made to the Secretary of State under section 78. (2) If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if— (a) for subsection (4) there were substituted the subsection set out at subsection (5) below, and (b) for subsection (5) there were substituted the subsection set out at subsection (6) below. (3) If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above. (4) If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above. (5) The subsection referred to in subsection (2)(a) above is as follows— (“) Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry shall be paid— (a) by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission, or (b) if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct; and the Secretary of State may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt. ” (6) The subsection referred to in subsection (2)(b) above is as follows— (“) Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and— (a) the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission; (b) every such order may be made a rule of the High Court on the application of any party named in the order. ” (7) In this section “the 1972 Act” means the Local Government Act 1972.

Miscellaneous and supplemental

Monitoring and data collection.

346

It shall be the duty of the Mayor—

• (a) to monitor the implementation of the spatial development strategy;

• (b) to monitor the local plan, any document which is or forms part of a minerals and waste plan and any supplementary plans (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004) of each London borough council; and

• (c) to monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the spatial development strategy.

Functional bodies to have regard to the strategy.

347

In exercising any function, each of the functional bodies shall have regard to the spatial development strategy , but this is without prejudice to sections 15CA(2) and 15CC(7) of the Planning and Compulsory Purchase Act 2004 (which require local plans, minerals and waste plans and supplementary plans to be in general conformity with the strategy).

Mayor’s functions as to planning around Greater London.

348

• (1) The Mayor shall inform—

• (a) the local planning authorities for areas in the vicinity of Greater London,

• (b) any body on which those authorities are represented, or

• (c) any other body which the Mayor considers should be informed,

of his views concerning any matters of common interest, whether general or specific, relating to the planning or development of Greater London or those areas.

• (2) The Mayor may also inform those authorities, or any such body, of his views concerning any other matters, whether general or specific, relating to the planning or development of those areas.

• (3) The Mayor shall from time to time consult the London borough councils about the exercise of his functions under this section.

• (4) The Mayor may make contributions towards defraying the expenses of any body on which the Authority is represented for the purpose of facilitating the discharge of the Mayor’s functions under this section.

Abolition of joint planning committee for Greater London.

349

The joint planning committee for Greater London established under section 5 of the Local Government Act 1985 and continued by section 3 of the Town and Country Planning Act 1990 is abolished by this section.

Interpretation of Part VIII.

350

• (1) In this Part, except where the context otherwise requires,—

• “prescribe” means prescribe by regulations;

• “regulations” means regulations made by the Secretary of State;

• “representations made in accordance with the regulations” shall be construed in accordance with section 335(7) above.

• (2) For the purposes of this Part—

• (a) the City of London shall be treated as if it were a London borough;

• (b) the Common Council shall be treated as if it were the council for a London borough; and

• (c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.

Part IX — Environmental functions

Report on the state of the environment

The Mayor’s environmental report.

351

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

The Mayor's Environment Strategy for London

The London Environment Strategy

351A

• (1) The Mayor shall prepare and publish a document to be known as the “London Environment Strategy” (“the Strategy”).

• (2) The Strategy must contain a general assessment by the Mayor of the environment in Greater London, so far as relevant to the functions of the Authority or of the Mayor.

• (3) The Strategy must contain provisions dealing with the Mayor's policies and proposals in relation to each of the following matters in relation to Greater London—

• (a) biodiversity;

• (b) municipal waste management;

• (c) climate change mitigation and energy;

• (d) adaptation to climate change;

• (e) air quality; and

• (f) ambient noise.

• (4) The provisions of the Strategy dealing with a matter specified in a paragraph of subsection (2) must also contain anything required to be included in them by any other provision of this Act.

• (5) The Strategy may also include provisions dealing with the Mayor's policies and proposals in relation to any other matter relating to the environment in Greater London.

• (6) In preparing or revising the provisions of the Strategy dealing with a matter mentioned in subsection (3), the Mayor's duty under section 42(1)(e) applies as if it were a duty to consult any person or body whom the Mayor considers it appropriate to consult in relation to those provisions (and section 42(2) applies accordingly).

• (7) Where the Strategy is revised, the Mayor must publish it as revised.

• (8) In this Act references to the London Environment Strategy include, unless the context otherwise requires, a reference to the Strategy as revised.

Guidance

351B

• (1) The Secretary of State may give to the Mayor guidance—

• (a) about the content of the London Environment Strategy;

• (b) in relation to the preparation or revision of that Strategy.

• (2) The guidance that may be given under subsection (1)(a) includes guidance as to matters which the Secretary of State considers the Mayor should, or should not, consider dealing with by formulating policies and proposals under section 351A(5).

• (3) The guidance that may be given under subsection (1)(b) includes—

• (a) guidance specifying or describing the bodies or persons whom the Secretary of State considers the Mayor should consult in preparing or revising the London Environment Strategy or, as the case may be, the provisions dealing with a matter specified in the guidance;

• (b) guidance as to the evidence of environmental change or its consequences, or the predictions of environmental change or its consequences, to which the Secretary of State considers the Mayor should have regard in preparing or revising that Strategy or, as the case may be, the provisions dealing with a matter specified in the guidance.

• (4) In preparing or revising the London Environment Strategy the Mayor must have regard to any relevant guidance given under this section.

Directions as to the content of the London Environment Strategy

351C

• (1) Where the Secretary of State considers that any of the conditions specified in subsection (2) is satisfied in relation to any provisions of the London Environment Strategy, the Secretary of State may give the Mayor a direction as to the content of those provisions.

• (2) The conditions are—

• (a) that the provisions are inconsistent with any policies announced by Her Majesty's government with respect to the matters to which they relate and the inconsistency would have a detrimental effect on achieving any of the objectives of those policies;

• (b) that the provisions or their implementation are likely to be detrimental to any area outside Greater London;

• (c) that the provisions are inconsistent with any EU obligation of the United Kingdom.

• (3) A direction under this section may require the Mayor to make specified revisions of the London Environmental Strategy.

• (4) The power of the Secretary of State to give a direction under this section may only be exercised after consultation with the Mayor.

• (5) Where the Secretary of State gives a direction under this section, the Mayor must comply with the direction.

Biodiversity

The London Environment Strategy: biodiversity.

352

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The provisions of the London Environment Strategy dealing with biodiversity shall contain information about—

• (a) the ecology of Greater London,

• (b) the wildlife of Greater London and its habitat,

• (c) any proposals for the conservation and promotion by the Mayor of biodiversity within Greater London, which have been agreed between the Mayor and any person or body he has consulted or intends to consult in relation to those provisions of the London Environment Strategy, and

• (d) any commitments as to the conservation and promotion of biodiversity within Greater London made by any person or body who who the Mayor has consulted or intends to consult in relation to those provisions of the London Environment Strategy.

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

• (4) In preparing or revising the the provisions of the London Environment Strategy dealing with biodiversity the Mayor shall also—

• (a) have regard to any plans relating to biodiversity prepared by a London borough council or the Common Council, ...

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

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

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

Waste

The London Environment Strategy: municipal waste management.

353

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The provisions of the London Environment Strategy dealing with municipal waste management —

• (a) shall contain the Mayor’s proposals and policies for the recovery, treatment and disposal of municipal waste, and

• (b) may contain such other proposals and policies relating to municipal waste as he considers appropriate.

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

• (3A) In revising the provisions of the London Environment Strategy dealing with municipal waste management the Mayor is to have regard to any strategies which authorities in Greater London have for the purposes of section 32 of the Waste and Emissions Trading Act 2003 (joint waste management strategies for areas where disposal authority is not also collection authority).

• (4) In preparing or revising the provisions of the London Environment Strategy dealing with municipal waste management the Mayor shall have regard to—

• (a) the national waste management plan;

• (aa) the strategy required by section 17 of the Waste and Emissions Trading Act 2003 (landfill strategy for England), ...

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

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

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

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

Directions by the Secretary of State.

354

• (1) Where the Secretary of State considers that the condition specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the provisions of the London Environment Strategy dealing with municipal waste management.

• (2) The conditions mentioned in subsection (1) above are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) that a direction about the content of the provisions of the London Environment Strategy dealing with municipal waste management is required for the purposes of the implementation of the policies contained in the national waste management plan or of the policies contained in the strategy required by section 17 of the Waste and Emissions Trading Act 2003 (landfill strategy for England) .

• (3) The power of the Secretary of State to give a direction to the Mayor under subsection (1) above—

• (a) may be exercised either generally or specially, and

• (b) may only be exercised after consultation with the Mayor.

• (4) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.

Duties of waste collection authorities etc.

355

• (1) In exercising any function under Part II of the Environmental Protection Act 1990 (waste on land)—

• (a) each of the waste collection authorities in Greater London, and

• (b) each of the waste disposal authorities in Greater London,

shall act in general conformity with the provisions of the London Environment Strategy dealing with municipal waste management.

• (2) Subsection (1) above has effect only to the extent that compliance by an authority with the requirements of that subsection does not impose excessive additional costs on the authority.

• (3) For the purposes of this section, the Secretary of State may issue guidance for determining what is to be regarded as—

• (a) acting in general conformity with the provisions of the London Environment Strategy dealing with municipal waste management, or

• (b) imposing excessive additional costs on an authority.

• (4) In discharging the duties imposed upon it by subsection (1) above (as read with subsection (2) above), an authority must act in accordance with any guidance issued under subsection (3) above.

• (5) Any guidance issued under subsection (3) above shall be published by the Secretary of State in such manner as he considers appropriate.

• (6) Nothing in this section, or in any guidance issued under it, requires an authority—

• (a) to terminate a waste contract before the expiry of the term of the contract, or

• (b) to do anything which would result in a breach of any term of a waste contract.

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

• (8) In any case where—