Greater London Authority Act 2007

(8A) The Mayor of London— (a) may give a direction under subsection (8) only if the local planning authority are a London borough, and (b) in considering whether to give such a direction, must have regard to any guidance issued by the Secretary of State. (8B) If at any time the Mayor of London gives a direction under subsection (8)(b)— (a) he must at that time send a copy of the direction to the Secretary of State, and (b) the scheme is not to be revised until such time as may be prescribed. (8C) The Secretary of State may, within such time as may be prescribed, direct the local planning authority to disregard a direction given under subsection (8)(b) by the Mayor of London. (8D) Such a direction must contain the Secretary of State's reasons for giving it. (8E) If at any time the Secretary of State gives a direction under subsection (8C), the Secretary of State must at that time send a copy of the direction to the Mayor of London. (8F) The local planning authority must comply with any direction given by the Secretary of State under subsection (8C).

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• (11) After subsection (9) insert—

(10) Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to the Mayor of London's functions under this section of giving a direction.

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Development control

Mayor to determine certain applications for planning permission

31

• (1) In section 1 of TCPA 1990 (local planning authorities: general) in subsection (2) (which provides that the council of a London borough is the local planning authority for the borough) at the end insert— “ But, in the case of a London borough, see also sections 2A to 2E (Mayor of London). ”.

• (2) After section 2 of TCPA 1990 (joint planning boards) insert—

(2A) (1) Where an application to which this section applies is made to a local planning authority— (a) for planning permission (see section 70), or (b) for planning permission without complying with conditions subject to which a previous planning permission was granted (see section 73), the Mayor of London may direct that he is to be the local planning authority for the purposes of determining the application. (2) The circumstances in which, and the conditions subject to which, the Mayor may give a direction under subsection (1) may be prescribed by, or by directions given under, an order under this section. (3) This section applies to an application if— (a) the land to which the application relates is in Greater London (but is not in an area of Greater London prescribed by an order under this section), and (b) the application is an application of potential strategic importance. (4) For the purposes of this section “application of potential strategic importance” is to be construed in accordance with an order under this section. (5) So far as the context requires, in relation to— (a) the determination of an application by virtue of this section, or (b) the determination of a connected application by virtue of section 2B, any reference in an enactment to a local planning authority or a hazardous substances authority includes a reference to the Mayor of London. This subsection is subject to any provision made by an order under this section by virtue of section 2D(2). (6) An order under this section— (a) may make different provision for different cases or different areas, and (b) may make provision for exceptions or exclusions. (7) Sections 2B to 2D and 2F contain provisions supplementing this section. (2B) (1) In deciding whether to give a direction under section 2A, the Mayor of London is to have regard to guidance issued by the Secretary of State. (2) A direction under section 2A must include the Mayor of London's reasons for giving it. (3) If the Mayor of London gives a direction under section 2A, he must at that time send a copy of the direction to the applicant and to the Secretary of State. (4) Subsection (5) applies where the Mayor of London— (a) gives a direction under section 2A in the case of any application, and (b) considers that an application falling within subsection (6) (the “connected application”) is connected with that application. (5) Where this subsection applies, the Mayor of London is to be— (a) the local planning authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(a) or (b)), or (b) the hazardous substances authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(c)). (6) The applications are— (a) an application for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990, (b) an application for conservation area consent under that Act, (c) an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990. (7) In subsection (6)— (a) the reference to an application for listed building consent includes a reference to an application for the variation or discharge of conditions subject to which listed building consent has been granted, and (b) the reference to an application for hazardous substances consent includes a reference to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted. (8) Section 38(1) of the Greater London Authority Act 1999 (delegation of functions by the Mayor) does not apply to— (a) the function of giving a direction under section 2A(1), (b) the function of determining an application by virtue of section 2A or this section. (2C) (1) If the Mayor of London has— (a) given a direction under section 2A in relation to an application (“the original application”), and (b) granted outline planning permission, he may, on an application for subsequent approval of reserved matters, direct that the application is to be decided by the local planning authority to whom the original application was made. (2) “Outline planning permission” has the meaning given by section 92(1). (3) If the Mayor of London has— (a) granted an application for listed building consent which is a connected application for the purposes of section 2B, and (b) imposed conditions requiring specified details to be approved subsequently, he may, on an application for subsequent approval, direct that the application is to be decided by the local planning authority to whom the connected application was made. (2D) (1) An order under section 2A may make provision— (a) in relation to applications to which section 2A applies, (b) in relation to applications which are connected applications by virtue of section 2B, (c) in relation to the procedures to be followed for or in connection with applications mentioned in paragraph (a) or (b), (d) otherwise for the purpose of implementing or supplementing section 2A, 2B or 2C. (2) The provision which may be made by virtue of subsection (1) includes the application of any enactment (with or without modification) in relation to cases where, by virtue of section 2A or 2B or an order under section 2A, the Mayor of London exercises a function that would otherwise have been exercisable by another body or person. (3) Such provision may include, in particular, provision for the Mayor of London to exercise functions in relation to enforcement (instead of, or as well as, a local planning authority).

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• (3) In section 333 of TCPA 1990 (regulations and orders)—

• (a) in subsection (4) after “sections 2,” insert “ 2A, 2F, ”,

• (b) in subsection (5)(b) after “section” insert “ 2A, 2F, ”.

• (4) In section 1 of the Planning (Hazardous Substances) Act 1990 (c. 10) (hazardous substances authorities: general) at the end insert— “ But, in the case of a London borough, see also section 2B(5) of the principal Act (Mayor of London to be the hazardous substances authority in certain circumstances). ”.

Planning obligations

32

After section 2D of TCPA 1990 insert—

(2E) (1) This section applies where the Mayor of London has given a direction under section 2A in relation to a planning application. (2) Where this section applies, the function of agreeing a planning obligation related to the application is a function of the Mayor of London instead of a function of the local planning authority. (3) In this section “planning obligation” means a planning obligation under section 106. (4) The Mayor of London must consult the local planning authority before agreeing any planning obligation by virtue of this section. (5) Any planning obligation entered into in relation to the application— (a) is enforceable by the Mayor of London, and (b) is also enforceable by the local planning authority.

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Amendments of section 106 of TCPA

33

• (1) Section 106 of TCPA 1990 (planning obligations) is amended as follows.

• (2) In subsection (1)(d) (payment of sums to authority) after “authority” insert “ (or, in a case where section 2E applies, to the Greater London Authority) ”.

• (3) In subsection (9), at the end of paragraph (d) (instrument to identify local planning authority by whom obligation enforceable) insert “ and, in a case where section 2E applies, identifies the Mayor of London as an authority by whom the obligation is also enforceable ”.

• (4) In subsection (10) (copy to be given to authority) for “authority so identified” substitute “ local planning authority so identified and, in a case where section 2E applies, to the Mayor of London ”.

• (5) In subsection (12)(b) (charging on land of expenses recoverable by local planning authority etc) after “a local planning authority” insert “ or the Mayor of London ”.

Planning obligations: further provision

34

• (1) Section 106A of TCPA 1990 (modification and discharge of planning obligations) is amended as follows.

• (2) In subsection (1)(a) for “the authority by whom the obligation is enforceable” substitute “ the appropriate authority (see subsection (11)) ”.

• (3) In subsection (3) for “the local planning authority by whom the obligation is enforceable” substitute “ the appropriate authority ”.

• (4) At the end of the section insert—

(11) In this section “the appropriate authority” means— (a) the Mayor of London, in the case of any planning obligation enforceable by him; (b) in the case of any other planning obligation, the local planning authority by whom it is enforceable. (12) The Mayor of London must consult the local planning authority before exercising any function under this section.

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• (5) Section 106B of TCPA 1990 (appeals) is amended as follows.

• (6) In subsection (1), for “a local planning authority” substitute “ an authority ”.

• (7) At the end of the section insert—

(8) In the application of Schedule 6 to an appeal under this section in a case where the authority mentioned in subsection (1) is the Mayor of London, references in that Schedule to the local planning authority are references to the Mayor of London.

.

Representation hearings

35

After section 2E of TCPA 1990 (which is inserted by section 32 of this Act) insert—

(2F) (1) This section applies to— (a) an application in relation to which a direction has been given under section 2A, and (b) an application which is a connected application for the purposes of section 2B. (2) Before determining an application to which this section applies, the Mayor of London must give— (a) the applicant, and (b) the local planning authority to whom the application was made, an opportunity to make oral representations at a hearing (“a representation hearing”). (3) The Mayor of London must prepare and publish a document setting out— (a) the persons, in addition to the applicant and the local planning authority, who may make oral representations at a representation hearing, (b) the procedures to be followed at a representation hearing, (c) arrangements for identifying information which must be agreed by persons making oral representations at a representation hearing. (4) Each person who may make oral representations at a representation hearing must be given at least 14 days' notice of the hearing. (5) The Secretary of State must by order make provision for Part 5A of the Local Government Act 1972 (public admission to meetings of principal councils, public access to documents, etc) to apply to— (a) a representation hearing as it applies to a meeting of a principal council, and (b) the Mayor of London in the conduct of a representation hearing as it applies to a principal council in the conduct of a meeting of that council. (6) The application of Part 5A may be with such modifications as the Secretary of State considers necessary or expedient.

.

Planning contribution under section 46 of PCPA 2004

36

In section 46 of PCPA 2004 (planning contribution), after subsection (7) insert—

(8) The regulations may include provision for the making of a planning contribution in circumstances where the Mayor of London is the local planning authority by virtue of a direction given under section 2A of the principal Act (applications of potential strategic importance).

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Part 8 — Environmental functions

Waste

Duties of waste collection authorities etc

37

• (1) Section 355 of the GLA Act 1999 (duty of waste collection or disposal authorities in Greater London to have regard to the municipal waste management strategy in exercising functions under Part 2 of the Environmental Protection Act 1990) is amended as follows.

• (2) At the beginning insert “ (1) ”.

• (3) For “have regard to” substitute “ act in general conformity with ”.

• (4) At the end insert—

(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.

.

• (5) After subsection (2) insert—

(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 municipal waste management strategy, 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) In any case where— (a) an authority is required to comply with the public procurement regulations in the awarding of a waste contract, (b) in compliance with those regulations the authority sends the second information notice relating to the awarding of that contract to the Official Journal of the European Union, and (c) after the authority sends that notice, the Mayor revises the municipal waste management strategy, this section, and any guidance issued under it, are to have effect in relation to the awarding of that contract as if the revision of the strategy had not been made.

.

• (6) An authority is not required by virtue of any of the amendments made by this section to exercise a function in relation to the awarding of a waste contract if—

• (a) the authority is required to comply with the public procurement regulations in awarding the contract, and

• (b) before subsection (3) comes into force, the authority in compliance with those regulations has sent the second information notice relating to the awarding of that contract to the Official Journal of the European Union.

London Waste and Recycling Board

38

• (1) After section 356 of the GLA Act 1999 (directions by the Mayor) insert—

(356A) (1) There shall be a body known as the London Waste and Recycling Board (referred to in this section and section 356B as “the Board”). (2) The objectives of the Board are to promote and encourage, so far as relating to Greater London,— (a) the production of less waste; (b) an increase in the proportion of waste that is re-used or recycled; (c) the use of methods of collection, treatment and disposal of waste which are more beneficial to the environment. (3) For the purpose of achieving its objectives, the Board may provide financial assistance to any person towards or for the purposes of— (a) the provision of facilities for or in connection with the collection, treatment or disposal of waste produced in Greater London; (b) conducting research into new technologies or techniques for the collection, treatment or disposal of waste; (c) securing, or assisting in securing, the performance of any function of a London borough council or the Common Council relating to waste. (4) For the purpose of achieving its objectives, the Board may provide advice on such matters as it thinks fit to any of the following— (a) the Mayor; (b) any London borough council; (c) the Common Council; (d) such other persons as the Board thinks fit. (5) In carrying out its functions under this section, the Board must— (a) act in accordance with the municipal waste management strategy; (b) act in general conformity with the spatial development strategy so far as relating to the collection, treatment and disposal of waste. (6) The Board may do anything that it thinks will facilitate, or is incidental or conducive to, the carrying out of its functions under subsections (2) to (4) above. (7) The Board does not have the power to borrow money. (8) The Secretary of State may issue to the Board guidance as to the exercise of its functions. (9) The Board shall have regard to any guidance issued under subsection (8) above. (10) Any reference in this section to the collection, treatment or disposal of waste includes a reference to the transport of waste for or in connection with that purpose. (356B) (1) The Secretary of State may by order make provision as to— (a) the constitution of the Board; (b) the appointment of its members (who must not be fewer than 7 nor more than 13 in number); (c) the payment of allowances and expenses to its members; and such other matters in connection with its establishment and administration as the Secretary of State thinks fit. (2) The Board shall not be regarded— (a) as the servant or agent of the Crown, or (b) as enjoying any status, privilege or immunity of the Crown, and the property of the Board shall not be regarded as property of, or property held on behalf of, the Crown. (3) The Secretary of State may make payments by way of grant to the Board towards expenditure incurred or to be incurred by it. (4) The amount of any grant and the manner of its payment are to be such as the Secretary of State may determine. (5) Any grant may be paid on such conditions as the Secretary of State may determine. (6) Conditions under subsection (5) above may, in particular, include— (a) provision as to the use of the grant; (b) provision as to circumstances in which the whole or part of the grant must be repaid.

.

• (2) In section 420(3) of that Act (orders subject to affirmative procedure)—

• (a) after “an order under” insert “ any of the following provisions ”;

• (b) for the word “or” at the end of paragraph (c) substitute—

(cc) section 356B(1) above,

.

Information about waste contracts

39

• (1) Section 358 of the GLA Act 1999 (information about new waste contracts) is amended as follows.

• (2) For subsection (1) substitute—

(1) If, in the awarding of a waste contract, a waste authority in compliance with the public procurement regulations is required— (a) to send to the European Commission a first information notice relating to the awarding of the contract, or (b) to publish such a notice on the authority's buyer profile, subsection (1A) below applies. (1A) The authority shall not send or publish that notice unless— (a) it has notified the Mayor that it proposes to send or publish such a notice, and (b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.

.

• (3) After subsection (1A) insert—

(1B) If, in the awarding of a waste contract, a waste authority in compliance with the public procurement regulations— (a) is not required to send or publish a first information notice, but (b) is required to send to the Official Journal of the European Union a second information notice relating to the awarding of the contract, subsection (1C) below applies. (1C) The authority shall not send that notice unless— (a) it has notified the Mayor that it proposes to send such a notice, and (b) a period of at least 108 days beginning with the day on which the Mayor is so notified has elapsed.

.

• (4) In subsection (3) for “subsection (1)” substitute “ subsection (1A), (1C) ”.

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

• (6) Section 360 of that Act (interpretation) is amended as follows.

• (7) In subsection (2) insert at the appropriate place—

“buyer profile” has the same meaning as in the public procurement regulations,

.

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

Climate change and energy

The general power of the Authority: duty to have regard

40

• (1) Section 30 of the GLA Act 1999 (the general power of the Authority) is amended as follows.

• (2) In subsection (4) (exercise of powers: duty to have regard to effect on certain matters) after paragraph (b) insert—

(c) climate change, and the consequences of climate change.

.

• (3) In subsection (5) (duty to exercise powers in ways best calculated to achieve certain objectives)—

• (a) at the end of paragraph (b) insert

, and (c) to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,

;

• (b) in the closing words (exception where action needed by virtue of paragraph (a) or (b) is not reasonably practicable) for “or (b)” substitute “ , (b) or (c) ”.

• (4) After subsection (10) insert—

(11) In this section— (a) “climate change” has the same meaning as in section 361A below, and (b) in relation to climate change, “adaptation”, “consequences” and “mitigation” have the same meaning as in that section.

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General duties of the Mayor with respect to his strategies

41

• (1) Section 41 of the GLA Act 1999 (general duties of the Mayor with respect to his strategies) is amended as follows.

• (2) In subsection (4) (duty to have regard to certain matters in preparing strategies) for the word “and” at the end of paragraph (b)(ii) substitute—

(iii) climate change, and the consequences of climate change; and

.

• (3) In subsection (7) (duty to include policies and proposals best calculated to achieve certain objectives)—

• (a) at the end of paragraph (b) insert

, and (c) to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,

;

• (b) in the closing words (exception where action needed by virtue of paragraph (a) or (b) is not reasonably practicable) for “or (b)” substitute “ , (b) or (c) ”.

• (4) After subsection (11) insert—

(12) In this section— (a) “climate change” has the same meaning as in section 361A below, and (b) in relation to climate change, “adaptation”, “consequences” and “mitigation” have the same meaning as in that section.

.

Duty of Mayor and Assembly to address climate change

42

In Part 9 of the GLA Act 1999 (environmental functions) after section 361 insert—

(361A) (1) The Mayor and the Assembly are each under a duty to address climate change, so far as relating to Greater London. (2) In the case of the Mayor, the duty consists of each of the following— (a) to take action with a view to mitigation of, or adaptation to, climate change (see subsections (5) and (6) below), (b) in exercising any of his functions under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change, (c) to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Mayor is to perform the duties imposed on him by paragraph (a) or (b) above. (3) In the case of the Assembly, the duty consists of each of the following— (a) in exercising any functions of the Assembly under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change, (b) to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Assembly is to perform the duties imposed by paragraph (a) above. (4) Any reference in this section to functions of the Mayor, or functions of the Assembly, includes a reference to functions exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority. (5) For the purposes of this section— (a) “climate change” means changes in climate which are, or which might reasonably be thought to be, the result of human activity altering the composition of the global atmosphere and which are in addition to natural climate variability; and (b) “changes in climate” includes a reference to changes in climate which are reasonably expected, or might reasonably be expected, to happen or which are reasonably thought to be happening or to have recently happened. (6) In this section— - “adaptation”, in relation to climate change, means preparation for, or adjustment in response to, any consequences of climate change appearing to the Mayor to affect Greater London; - “consequences”, in relation to climate change— 1. means consequences which have occurred, are occurring or might reasonably be expected to occur, and 2. includes any phenomena reasonably thought to be consequences of climate change; - “mitigation”, in relation to climate change, includes prevention.

.

The London climate change mitigation and energy strategy

43

• (1) In section 41 of the GLA Act 1999 (general duties of the Mayor in relation to his strategies) in subsection (1) (which lists the strategies to which the section applies) after paragraph (e) insert—

(ee) the London climate change mitigation and energy strategy prepared and published under section 361B below,

.

• (2) In Part 9 of the GLA Act 1999 (environmental functions) after section 361A insert—

(361B) (1) The Mayor shall prepare and publish a document to be known as the “London climate change mitigation and energy strategy”. (2) The London climate change mitigation and energy strategy shall contain the Mayor's proposals and policies with respect to the contribution to be made in Greater London towards each of the following— (a) the mitigation of climate change, (b) the achievement of any objectives specified or described in national policies relating to energy. (3) The strategy must include the Mayor's proposals and policies relating to each of the following— (a) minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for the purposes of surface transport, (b) minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for purposes other than those of transportation, (c) supporting innovation, and encouraging investment, in energy technologies in Greater London, (d) promoting the efficient production and use of energy in Greater London. (4) In subsection (3) above “other significant greenhouse substances” means substances (other than carbon dioxide)— (a) which contribute to climate change, and (b) which the Mayor considers it appropriate to deal with in the strategy. (5) In performing the duty under subsection (3)(c) above, the Mayor must have regard to the desirability of advancing energy technologies which involve the emission of lower levels of substances which contribute to climate change. (6) The strategy shall also contain information about— (a) the pattern of energy use in Greater London, (b) the levels of emissions in, or attributable to, Greater London of substances which contribute to climate change, (c) the number of households in Greater London in which one or more persons are living in fuel poverty, within the meaning of the Warm Homes and Energy Conservation Act 2000 (see section 1 of that Act), (d) the measures to be taken, for the purpose of implementing the strategy, by each of the following— (i) the Authority, (ii) Transport for London, (iii) the London Development Agency, (e) the measures which other bodies or persons are to be encouraged by the Mayor to take for the purpose of implementing the strategy. (7) The Mayor must have regard to any guidance given to him by the Secretary of State in relation to the preparation or revision of the strategy. (8) The strategy must not be inconsistent with— (a) national policies relating to mitigation of climate change, or (b) national policies relating to energy. (9) In preparing or revising the strategy the Mayor must consult each of the following— (a) the Gas and Electricity Markets Authority, (b) the Gas and Electricity Consumer Council, (c) prescribed holders of licences granted under— (i) section 7 or 7A of the Gas Act 1986, or (ii) section 6 of the Electricity Act 1989. (10) If at any time (whether before, on or after the day on which this Act is passed) there ceases to be— (a) a body known as the Gas and Electricity Markets Authority, or (b) a body known as the Gas and Electricity Consumer Council, the Secretary of State may by order amend subsection (9) above so as to substitute for that body such other body as he may consider appropriate. (11) An order under subsection (10) above may have effect in relation to times before the day on which it is made. (12) In this section— - “climate change” has the same meaning as in section 361A above; - “energy technologies” means technologies for— 1. the production of energy, or 2. the more efficient or effective use of energy; - “mitigation” has the same meaning as in section 361A above; - “prescribed” means specified or described in guidance under subsection (7) above; - “surface transport” means any form of transport other than transport by air. (361C) (1) Where the Secretary of State considers that— (a) the London climate change mitigation and energy strategy (or any part of it) is inconsistent with any policies announced by Her Majesty's government with respect to energy or to climate change or the consequences of climate change, and (b) the inconsistency would have a detrimental effect on achieving any or all of the objectives of those policies, he may direct the Mayor to make such revisions of the strategy in order to remove the inconsistency as may be specified in the direction. (2) The Secretary of State must consult the Mayor before giving him a direction under subsection (1) above. (3) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor must revise the strategy in accordance with the direction. (4) In this section— - “climate change” has the same meaning as in section 361A above; - “consequences”, in relation to climate change, has the same meaning as in section 361A above.

.

• (3) In section 420 of the GLA Act 1999 (regulations and orders) in the list of provisions in subsection (8) (orders subject to negative resolution Parliamentary procedure) insert at the appropriate place— “ section 361B(10); ”.

The Mayor’s adaptation to climate change strategy for London

44

• (1) In section 41 of the GLA Act 1999 (general duties of the Mayor in relation to his strategies) in subsection (1) (which lists the strategies to which the section applies) after paragraph (ee) insert—

(ef) the adaptation to climate change strategy for London prepared and published under section 361D below,

.

• (2) In Part 9 of the GLA Act 1999 (environmental functions) after section 361C insert—

(361D) (1) The Mayor shall prepare and publish a document to be known as the “adaptation to climate change strategy for London”. (2) The adaptation to climate change strategy for London shall contain— (a) the Mayor's assessment of the consequences of climate change for Greater London; (b) the Mayor's proposals and policies for adaptation to climate change, so far as relating to Greater London. (3) The Secretary of State may give to the Mayor guidance— (a) about the content of the strategy; (b) in relation to the preparation or revision of the strategy. (4) The guidance that may be given under subsection (3)(b) above includes— (a) guidance specifying or describing the bodies, persons or organisations which the Mayor must consult; (b) guidance as to the evidence of climate change or its consequences, or predictions of climate change or its consequences, to which the Mayor must have regard. (5) In preparing or revising the strategy, the Mayor must have regard to any guidance given under subsection (3) above. (6) In this section— - “adaptation”, in relation to climate change, has the same meaning as in section 361A above; - “consequences”, in relation to climate change, has the same meaning as in section 361A above; - “climate change” has the same meaning as in section 361A above. (361E) (1) Where the Secretary of State considers that— (a) the adaptation to climate change strategy for London (or any part of it) is inconsistent with any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change, and (b) the inconsistency would have a detrimental effect on achieving any or all of the objectives of those policies, he may direct the Mayor to make such revisions of the strategy in order to remove the inconsistency as may be specified in the direction. (2) The Secretary of State must consult the Mayor before giving him a direction under subsection (1) above. (3) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor must revise the strategy in accordance with the direction. (4) In this section— - “climate change” has the same meaning as in section 361A above; - “consequences”, in relation to climate change, has the same meaning as in section 361A above.

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Part 9 — Culture, media and sport

Museum of London

Transfer of power of appointment of members of Board of Governors

45

• (1) In section 1(2)(a) of the Museum of London Act 1965 (c. 17) (which provides for the Prime Minister to appoint members of the Board of Governors of the Museum of London) for “Prime Minister” substitute “ Greater London Authority ”.

• (2) In paragraph 4(1) of the Schedule to that Act (which provides for the resignation of a member of the Board) for “Prime Minister” substitute “ Greater London Authority ”.

• (3) Nothing in this section affects appointments made by the Prime Minister under section 1(2)(a) of that Act before this section comes into force.

Period of appointment of Governors to the Board

46

• (1) In paragraph 2(1) of the Schedule to the Museum of London Act 1965 (which provides for the term of appointment of a member of the Board of Governors of the Museum) for “the period of three years” substitute “ a period of not more than four years ”.

• (2) Any appointment made under section 1(2) of that Act before the coming into force of this section for a period of more than three years but not more than four years has effect as if the amendment made by subsection (1) had been in force at the time of the appointment.

The Board’s expenditure: transfer of powers and other provisions

47

• (1) In section 14 of the Museum of London Act 1965 (application of moneys received by the Board of Governors of the Museum) in subsections (1) and (2), for “Secretary of State” substitute “ Greater London Authority ”.

• (2) Section 15 of that Act (financing of expenditure of the Board of the Museum) is amended as follows.

• (3) In subsection (1), for “Secretary of State” substitute “ Greater London Authority ”.

• (4) In subsection (2)—

• (a) for “Secretary of State” substitute “ Greater London Authority ”,

• (b) after “Corporation” in the third place it appears insert “ and the Greater London Authority ”,

• (c) after “as the Corporation” insert “ or (as the case may be) the Greater London Authority ”.

• (5) For subsection (3) substitute—

(3) Subject to subsection (4) the total of the payments made by the Greater London Authority under subsection (2) shall equal the total expended by the Corporation under that subsection. (4) In the case of particular amounts paid in respect of particular expenses, the Corporation and the Greater London Authority may agree that subsection (3) has effect so that the proportion of expenditure paid for by the Greater London Authority is other than one-half.

.

Transfer of other powers relating to the Museum

48

• (1) In section 3(4) of the Museum of London Act 1965 (c. 17) (which provides for the Board of Governors of the Museum not to dispose of land etc without consent) for “Secretary of State” in both places substitute “ Greater London Authority ”.

• (2) In subsections (1), (3) and (4) of section 9 of that Act (which provides for employment of staff of the Museum) for “Secretary of State” in each place substitute “ Greater London Authority ”.

• (3) Subsection (2) does not affect any appointment made before this section comes into force.

Repeal of section 5 of the Museum of London Act 1986

49

Section 5 of the Museum of London Act 1986 (c. 8) (which provides for reports about the exercise of functions of the Board of Governors of the Museum of London to be made to Parliament by the Secretary of State) shall cease to have effect.

Miscellaneous

The Mayor’s culture strategy: consultation

50

• (1) Section 376 of the GLA Act 1999 (the Mayor's culture strategy) is amended as follows.

• (2) After subsection (4) (power of Cultural Strategy Group for London to submit proposed revisions) insert—

(4A) Before submitting any proposed revisions under subsection (4) above, the Cultural Strategy Group for London must consult each of the designated consultative bodies (see subsection (10)).

.

• (3) In subsection (8) (consultation etc on revisions otherwise than in response to proposals under subsection (4))—

• (a) in paragraph (a) (bodies and persons to be consulted under section 42(1)) for “subsection (1) of section 42” substitute “ section 42(1)(b) ”;

• (b) in paragraph (b) (expansion of references in section 42(5)) for “to the Assembly and the functional bodies” substitute “ to the functional bodies ”.

• (4) After subsection (8) insert—

(8A) Where, by virtue of subsection (8)(a) above, the Mayor consults the Cultural Strategy Group for London, the Cultural Strategy Group for London must consult the designated consultative bodies before submitting any comments in response to the Mayor.

.

• (5) After subsection (9) insert—

(10) For the purposes of this section, the “designated consultative bodies” are the following— - Archives, Libraries and Museums London - the Arts Council of England - the Commission for Architecture and the Built Environment - the English Sports Council - the Historic Buildings and Monuments Commission for England - the Museums, Libraries and Archives Council - the UK Film Council. (11) The Secretary of State may by order amend subsection (10) above— (a) by adding or removing bodies, or (b) by amending names of bodies, but not so as to include any body that does not have functions relating to sport, culture or the arts.

.

• (6) In section 420 of the GLA Act 1999 (regulations and orders) in subsection (8) (orders requiring negative resolution Parliamentary procedure) insert at the appropriate place— “ section 376(11); ”.

The Mayor’s duty to exercise certain powers of appointment

51

• (1) After section 377 of the GLA Act 1999 (assistance by Mayor for museums, galleries etc) insert—

(377A) (1) Subsection (2) below applies where any power to make an appointment of a prescribed description in the case of a prescribed body is exercisable by the Mayor. (2) If the body requests the Mayor to exercise the power, he must do so as soon as reasonably practicable after the making of the request. (3) Any request under subsection (2) above must be in writing. (4) Where— (a) an instrument of any description states that an appointment of a particular description is to be made by the Mayor, and (b) the circumstances are such that an appointment of that description falls to be made, the power to make the appointment is to be taken for the purposes of this section to be a power exercisable by the Mayor. (5) In this section “prescribed” means specified in, or determined in accordance with, an order made by the Secretary of State. (6) Different descriptions (and different numbers) of appointments may be prescribed under this section in the case of different bodies. (7) The only bodies that may be prescribed under this section are bodies that have functions relating to sport, culture or the arts.

.

• (2) In section 380 of the GLA Act 1999 (delegation of Authority's functions under Part 10) in subsection (6) (exceptions) for the word “or” at the end of paragraph (a) substitute the following paragraph—

(aa) in relation to any function of making an appointment in a case where section 377A above applies; or

.

• (3) In section 420 of the GLA Act 1999 (regulations and orders) in subsection (8) (orders requiring negative resolution Parliamentary procedure) insert at the appropriate place— “ section 377A(5); ”.

Part 10 — Miscellaneous and general

Common provision of administrative, professional and technical services

52

• (1) After section 401 of the GLA Act 1999 (accommodation for the Authority and the functional bodies) insert—

(401A) (1) In this section “constituent body” means any of the following— (a) the Authority, (b) any functional body. (2) Arrangements may be entered into by constituent bodies for the provision of administrative, professional or technical services by any one or more of them to any one or more of them, whether for consideration or otherwise. (3) The arrangements that may be entered into under subsection (2) above include arrangements for the discharge by any one or more constituent bodies on behalf of any other constituent body of any functions of that other which are of an administrative, professional or technical nature. (4) Any two or more constituent bodies may establish a joint committee for the purposes of subsection (2) above. (5) A joint committee established under subsection (4) above is to be treated for the purposes of subsections (2) and (3) above as a constituent body separate and distinct from the constituent bodies by which it is established. (6) The Mayor must consult the Assembly before exercising any power conferred on the Authority by this section. (7) The Secretary of State may by order amend this section so as to extend or restrict the services or functions to which it applies.

.

• (2) In consequence of the amendment made by subsection (1), the italic heading preceding section 401 of the GLA Act 1999 becomes “ Accommodation and services ”.

• (3) In section 420 of the GLA Act 1999 (regulations and orders) in subsection (3) (orders subject to affirmative resolution Parliamentary procedure)—

• (a) after “an order under” insert “ any of the following provisions ”;

• (b) for “or” at the end of paragraph (c) substitute—

(ca) section 401A(7),

.

Part 11 — Supplementary provisions

Orders

53

• (1) Any power conferred on the Secretary of State by this Act to make an order includes—

• (a) power to make different provision for different cases, and

• (b) power to make incidental, consequential, supplemental, or transitional provision or savings.

• (2) The power conferred by subsection (1)(b) above includes power to amend any enactment passed or made before this Act for the purpose of making any such provision or savings.

• (3) Any power conferred on the Secretary of State by this Act to make an order is exercisable by statutory instrument.

• (4) A statutory instrument—

• (a) which contains (whether alone or with other provisions) an order which makes provision by virtue of subsection (2), and

• (b) which is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of Parliament.

Directions

54

• (1) Any directions given under this Act must be in writing.

• (2) Any power conferred by this Act to give a direction includes power to vary or revoke the direction.

Financial provisions

55

There shall be paid out of money provided by Parliament—

• (a) any expenditure incurred by a Minister of the Crown or government department under or by virtue of this Act, and

• (b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Transitional provision relating to consultation

56

• (1) In the case of any strategy referred to in a provision mentioned in column A of the Table in subsection (2), any consultation undertaken by the Mayor—

• (a) after the day on which this Act is passed, but

• (b) before the coming into force of that provision,

is to be as effective for the purposes of the corresponding provision in column C of that Table as if it had been undertaken after the provision in column A had come into force.

Column B of the Table identifies the provision of this Act which inserts the corresponding provision mentioned in column A.

• (2) The provisions are—

*Column A:*	*Column B:*	*Column C:*
Provision inserted into GLA Act 1999	Provision of this Act	Provision of GLA Act 1999 for which consultation is effective
Section 41(1)(bb) (section 41 to apply to health inequalities strategy)	Section 24(2)	Section 42(1)
Section 41(1)(bc) (section 41 to apply to London housing strategy)	Section 28(2)	Section 42(1)
Section 41(1)(ee) (section 41 to apply to London climate change mitigation and energy strategy)	Section 43(1)	Section 42(1)
Section 41(1)(ef) (section 41 to apply to adaptation to climate change strategy for London)	Section 44(1)	Section 42(1)
Section 309G(4) (consultation with relevant bodies or persons for purposes of health inequalities strategy)	Section 22(1)	Section 309G(4)
Section 361B(9) (consultation with certain bodies for purposes of London climate change mitigation and energy strategy)	Section 43(2)	Section 361B(9)

• (3) Any consultation carried out by the Mayor with the Regional Director of Public Health for London—

• (a) after the day on which this Act is passed, but

• (b) before the coming into force of sections 309A and 309B of the GLA Act 1999 (Regional Director to be Health Adviser to GLA),

is to be as effective for the purposes of section 309G(4) of the GLA Act 1999 as if it had been carried out with the Health Adviser.

Sections 309A and 309B of the GLA Act 1999 are inserted by section 21(1) of this Act.

Repeals

57

Schedule 2 contains repeals.

Interpretation

58

In this Act—

• “the GLA Act 1999” means the Greater London Authority Act 1999 (c. 29);

• “PCPA 2004” means the Planning and Compulsory Purchase Act 2004 (c. 5);

• “TCPA 1990” means the Town and Country Planning Act 1990 (c. 8).

Short title, citation, commencement and extent

59

• (1) This Act may be cited as the Greater London Authority Act 2007.

• (2) This Act and the GLA Act 1999 may be cited together as the Greater London Authority Acts 1999 and 2007.

• (3) This Act does not extend to Scotland or Northern Ireland.

• (4) The following provisions of this Act come into force on the day on which this Act is passed—

• (a) this Part, other than section 57 and Schedule 2,

• (b) any power under or by virtue of this Act to make regulations or an order.

• (5) Sections 28 and 46 come into force at the end of the period of 2 months beginning with the day on which this Act is passed.

• (6) Sections 12 to 14 have effect in relation to financial years beginning on or after an appointed day.

• (7) Subject to subsection (8), the other provisions of this Act come into force on an appointed day.

• (8) Any repeal in Schedule 2 (and section 57 so far as relating to the repeal) comes into force in the same way as the provisions of this Act to which the repeal relates.

• (9) In this section “appointed day” means such day or days as the Secretary of State may by order appoint; and different days may be so appointed for different purposes.

SCHEDULE 1

This is the Schedule that is to be inserted as Schedule 4A to the GLA Act 1999—

SCHEDULE 2

Payments on ceasing to hold office as Mayor or Assembly member

Consultation

The Mayor's periodic report to the Assembly

Confirmation hearings etc for certain appointments by the Mayor

Power to require attendance at Assembly meetings: time limits

Annual report by the Assembly

Head of paid service

Monitoring officer

Chief finance officer

Separate component budgets for Assembly and Mayor

Procedure for determining Authority's consolidated budget requirement

Deemed component budget requirements for last old financial year

Membership of Transport for London: eligibility of holders of political office

The health inequalities strategy

The general power of the Authority: duty to have regard

The health inequalities strategy

The general power of the Authority: duty to have regard

General duties of the Mayor with respect to his strategies

Membership

Directions etc by the Mayor

The London housing strategy

Local development schemes

Planning obligations

Amendments of section 106 of TCPA

Duty of Mayor and Assembly to address climate change

Planning contribution under section 46 of PCPA 2004

London Waste and Recycling Board

The Board's expenditure: transfer of powers and other provisions

Information about waste contracts

The general power of the Authority: duty to have regard

Transfer of power of appointment of members of Board of Governors

Transfer of power of appointment of members of Board of Governors

The Mayor's adaptation to climate change strategy for London

Transfer of power of appointment of members of Board of Governors

The Mayor's duty to exercise certain powers of appointment

The Board's expenditure: transfer of powers and other provisions

Orders

The Mayor's culture strategy: consultation

Common provision of administrative, professional and technical services

Common provision of administrative, professional and technical services

Directions

Interpretation

This is the Schedule that is to be inserted as Schedule 4A to the GLA Act 1999—

Editorial notes

Separate component budgets for Assembly and Mayor

Procedure for determining Authority's consolidated budget requirement

Substitute calculations

Restrictions on disposal of land: method of giving consent

Allowances