Greater London Authority Act 1999 (c. 29)
(The document as of February, 2008)
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Greater London Authority Act 1999
1999 CHAPTER 29
ARRANGEMENT OF SECTIONS
Content
Part I
The Greater London Authority
The Authority
1. The Authority.
Membership
2. Membership of the Authority and the Assembly.
Ordinary elections
3. Time of ordinary elections.
4. Voting at ordinary elections.
Vacancies in the Assembly
5. Resignation.
6. Failure to attend meetings.
7. Declaration of vacancy in certain cases.
8. Election of member as Mayor.
9. Date of casual vacancies.
10. Filling a vacancy in an Assembly constituency.
11. Filling a vacancy among the London members.
Vacancy in the office of Mayor
12. Resignation.
13. Failure to attend meetings.
14. Declaration of vacancy in certain cases.
15. Date of casual vacancy.
16. Filling a vacancy.
Franchise, conduct of elections etc
17. Franchise, conduct of elections etc.
18. Cost of holding the first ordinary elections.
19. Expenditure of Secretary of State in connection with holding the first ordinary election.
Qualifications and disqualifications
20. Qualification to be the Mayor or an Assembly member.
21. Disqualification from being the Mayor or an Assembly member.
22. Validity of acts done by unqualified persons.
23. Proceedings for disqualification.
Salaries, expenses and pensions
24. Salaries and expenses.
25. Limit on salaries of members of other public bodies.
26. Pensions.
27. Publication of information about remuneration paid.
Supplementary provisions
28. Declaration of acceptance of office.
29. Interpretation of Part I.
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Part II
General Functions and Procedure
The general and subsidiary powers of the Authority
30. The general power of the Authority.
31. Limits of the general power.
32. Consultation.
33. Equality of opportunity.
34. Subsidiary powers of the Authority.
Exercise of functions: general principles
35. Authority functions to be exercisable by Mayor, Assembly or both.
36. Standing orders of the Authority.
37. Discharge during vacancy or temporary incapacity of Mayor.
Functions exercisable by the Mayor
38. Delegation.
39. Exercise of functions by joint committees.
40. Contracting out.
The Mayor's strategies
41. General duties of the Mayor in relation to his strategies.
42. Consultation.
43. Publicity and availability of strategies.
44. Directions by the Secretary of State.
Public accountability
45. The Mayor's periodic report to the Assembly.
46. Annual report by the Mayor.
47. The annual State of London debate.
48. People's Question Time.
Deputy Mayor
49. The Deputy Mayor.
Chair and Deputy Chair of the Assembly
50. Functions.
51. Appointment.
Meetings and procedure of the Assembly
52. Meetings of the whole Assembly.
53. Assembly procedure.
54. Discharge of functions by committees or single members.
55. Assembly committees and sub-committees.
56. Minutes.
57. Political composition of Assembly committees.
58. Openness.
General functions of the Assembly
59. Review and investigation.
60. Proposals to the Mayor.
Attendance of witnesses and production of documents
61. Power to require attendance at Assembly meetings.
62. Procedure for requiring attendance.
63. Restriction of information.
73. Monitoring officer.
General local authority provisions
74. Investigation by Commission for Local Administration.
75. Provisions of 1972 Act relating to documents, notices etc.
76. Byelaws.
Bills in Parliament
77. Power of Authority to promote or oppose Bills in Parliament.
78. Power to request provisions in Bills promoted by London local authorities.
79. Authority's consent to inclusion of certain provisions in local Bills.
Contracts
80. Public supply or works contracts.
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Part III
Financial Provisions
Chapter I
Council Tax
Different categories of dwellings
81. Amounts for different categories of dwellings.
Precepts
82. Authority to be a major precepting authority.
83. Issue of precepts.
84. Substituted precepts.
Budget requirements
85. Calculation of component and consolidated budget requirements.
86. Provisions supplemental to section 85.
87. Procedure for determining the budget requirements.
Calculation of tax payable
88. Calculation of basic amount of tax.
89. Additional calculations: special item for part of Greater London.
90. The special item for the purposes of section 89.
91. Special items: amendments of section 46 of the 1992 Act.
92. Calculation of tax for different valuation bands.
93. Calculation of amount payable by each billing authority.
Substitute calculations etc.
94. Substitute calculations under section 49 of the 1992 Act.
95. Minimum budget for Metropolitan Police Authority.
96. Provisions supplemental to section 95.
97. Emergencies and disasters.
98. Procedure for making substitute calculations.
Supplementary
99. Interpretation of Chapter I.
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Chapter II
Grants and Redistributed Non-domestic Rates
Grants
100. General GLA grant.
101. GLA transport grant.
Distribution of grants etc.
102. Mayor to distribute grants etc between Authority and functional bodies.
103. Authority's duty to account to functional bodies for their grants.
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Chapter III
Emergency Financial Assistance, Funds and Miscellaneous Matters
104. Emergency financial assistance.
105. Component budgets: anticipation of certain levies.
106. The Authority's general fund.
107. Judicial review.
108. Functions to be discharged only by certain authorities.
109. Information.
110. Provision of information by functional bodies to Mayor or Assembly.
Chapter IV
Revenue Accounts and Capital Finance
Application of Part IV of Local Government and Housing Act 1989
111. Part IV of 1989 Act to apply to Authority and functional bodies.
Credit approvals
112. Provisions to be in place of sections 53 to 55 of 1989 Act.
113. Aggregate credit approval for Authority and functional bodies.
114. Additional credit approval.
115. Notification of category C or D allocations.
116. Amortisation.
117. Criteria for issuing credit approvals.
118. Part IV of 1989 Act and credit approvals under this Chapter.
Capital receipts and mutual grants
119. Power to redistribute capital receipts of functional bodies.
120. Capital grants between Authority and functional bodies.
121. Revenue grants between Authority and functional bodies.
The Mayor's capital spending plan
122. Form and contents.
123. Preparation.
Supplementary provisions
124. Admissible factors in preparing capital spending plan etc.
125. Information.
126. Interpretation of Chapter IV.
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Chapter V
Financial Administration, Accounts and Audit
Financial administration
127. Proper financial administration and chief finance officer.
128. Application of Part VIII of Local Government Finance Act 1988.
129. Qualifications of chief finance officer.
130. Functions of chief finance officer as regards reports.
131. Duties of Authority or functional body as regards reports.
132. Monitoring officer not to be chief finance officer etc.
Accounts and audit
133. Application of the Audit Commission Act 1998.
134. Summary statement of accounts of Authority and other bodies.
135. Information for purposes of section 134.
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Chapter VI
Miscellaneous and Supplementary Provisions
136. Amendment of cross-references to provisions of Chapter I.
137. Council tax: no Crown exemption for Authority or functional bodies.
138. No discretionary rate relief for functional bodies.
139. Local loans.
140. Functions of Mayor or Assembly under or by virtue of this Part.
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Part IV
Transport
Chapter I
Transport functions of the Authority
The general transport duty
141. General transport duty.
The transport strategy
142. The Mayor's transport strategy.
143. Directions by the Secretary of State.
144. Duties of London borough councils etc.
Local implementation plans
145. Preparation of the plan.
146. Approval of plans by the Mayor.
147. Power of the Mayor to prepare a plan.
148. Revision.
149. Procedure for revision.
150. Power of the Mayor to prepare a revised plan.
151. Implementation by a London borough council.
152. Implementation by the Mayor.
153. Directions by the Mayor.
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Chapter II
Transport for London
Establishment and control
154. Establishment.
155. Directions etc by the Mayor.
Functions: general provisions
156. General powers.
157. Restriction on exercise of certain powers except through a company.
158. Power of Mayor to transfer functions.
Financial provisions
159. Financial assistance.
160. Guarantees.
Reports and information
161. Annual report.
162. Provision of information.
Property and subsidiaries etc.
163. Restrictions on disposal of land.
164. Control of subsidiaries.
165. Distribution of property, rights and liabilities.
Functions relating to legislation
166. Procedure for making byelaws.
167. Power of Transport for London to promote or oppose Bills in Parliament.
168. Orders under the Transport and Works Act 1992.
Interpretation
169. Meaning of "transport subsidiary's agreement".
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Chapter III
London Regional Transport
170. Powers of disposal.
171. Power to give guarantees.
172. Supplementary provisions with respect to transfer schemes.
Chapter IV
Public passenger transport
173. Provision of public passenger transport.
174. Structure of fares and services.
175. Co-operation with the Franchising Director.
176. Co-operation with other persons.
177. Provision of extra passenger transport services and facilities.
178. Information and publicity about plans as to services and fares.
Chapter V
Regulation of bus services in Greater London
Introductory
179. London local services.
180. Provision of London local services.
The London bus network
181. The London bus network.
182. London local service agreements.
183. Addition or variation of a network service.
184. Discontinuance of a network service.
Bus services outside the network
185. London service permits.
186. Grant of London service permits.
187. Conditions.
188. Revocation.
189. Appeals.
190. Duration.
Guidance document
191. Consultation.
192. Publication.
Miscellaneous
193. Validity of agreements and permits.
194. Application of the Public Passenger Vehicles Act 1981.
195. Interpretation of Chapter V.
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Chapter VI
Railways
The Authority and the Franchising Director
196. Power of Authority to give instructions or guidance to the Franchising Director.
197. Franchising Director to consult Mayor as to fares, services etc.
Licences, access contracts and franchising
198. Exemptions by order under Part I of the Railways Act 1993.
199. Licence exemptions and facility exemptions.
200. Railway access contracts.
201. Transport for London: contracts requiring passenger licences.
202. Authority and Transport for London not to be railway franchisees.
Closures
203. Franchising Director to give copy documents to Mayor.
204. Procedure for closure of certain railway passenger services.
Miscellaneous
205. Amendment of franchise agreements to take account of the Authority.
206. Secretary of State to consult Mayor before changing amount of penalty fare.
207. Restrictions on contracting out certain services.
Docklands Light Railway and Croydon Tramlink
208. Docklands Light Railway.
209. The Croydon Tramlink.
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Chapter VII
Public-Private Partnership Agreements
Introductory
210. PPP agreements.
211. Public sector operators.
212. PPP designations.
Key system assets
213. Key system assets.
214. Register of key system assets.
215. Related third party agreements.
216. Protection of key system assets.
217. Schemes for the transfer of key system assets.
Land
218. PPP leases.
219. Land registration and PPP leases.
Insolvency
220. Meaning and effect of PPP administration orders.
221. PPP administration orders made on special petitions.
222. Restriction on making winding-up order.
223. Restrictions on voluntary winding-up etc.
224. Meaning of "company" and application of provisions to unregistered, foreign and other companies.
The PPP arbiter
225. The PPP arbiter.
226. Terms of appointment.
227. Staff.
228. Same person as PPP arbiter and Rail Regulator: duties of staff.
229. Directions of the PPP arbiter.
230. Guidance by the PPP arbiter.
231. Duty of the PPP arbiter.
232. Further powers.
233. Provision of information to the PPP arbiter.
234. Failure to provide information to PPP arbiter.
235. Restrictions on disclosure of information.
236. Immunity.
237. Expenses.
Miscellaneous and supplementary
238. Statutory undertakers.
239. Interpretation of Chapter VII.
Chapter VIII
Travel Concessions
240. Travel concessions on journeys in and around Greater London.
241. Reserve free travel scheme for London residents.
242. Requirements as to scope.
243. Requirements as to uniformity.
244. Exercise of functions by a joint committee.
Chapter IX
Penalty Fares
245. Penalty fares.
Chapter X
The Transport Users' Committee
246. Abolition of the London Regional Passengers' Committee.
247. The London Transport Users' Committee.
248. Representations to the Committee.
249. Voluntary arrangements with transport providers.
250. Recommendations and reports etc.
251. Directions by the Assembly.
252. Role as rail users' consultative committee.
Chapter XI
Hackney Carriages and Private Hire Vehicles
253. Hackney carriages.
254. The Private Hire Vehicles (London) Act 1998.
255. Provisions consequent on alteration of metropolitan police district.
Chapter XII
Water Transport
256. Provision of facilities to benefit users of waterways.
257. The Woolwich Ferry.
258. Landing places: transfer of certain rights and obligations.
Chapter XIII
Highways
GLA roads
259. Introductory.
260. Designation of first GLA roads.
261. Orders by the Authority changing what are GLA roads.
262. Certification and records of GLA roads.
263. Supplementary provisions.
264. Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
265. Transfer of employees upon a highway becoming or ceasing to be a GLA road.
London borough councils
266. Exercise of powers so as to affect another authority's roads.
Miscellaneous and supplementary
267. Proposals for Royal Parks and highways: consultation.
268. Road humps.
269. Traffic calming.
270. Stopping up orders by London councils.
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Chapter XIV
Road Traffic
Transport for London as a traffic authority
271. Transport for London to be traffic authority for GLA roads etc.
272. GLA side roads.
273. Power to place traffic signs in connection with GLA roads etc.
274. Power to affix traffic signs to walls.
Traffic control systems
275. Transfer of London Traffic Control System to Transport for London.
276. London borough councils and the London traffic control system.
277. Transfer of traffic control systems between Secretary of State and Transport for London.
278. Traffic authority for certain traffic signs in Greater London.
Road safety and traffic reduction
279. Road safety information and training.
280. The Road Traffic Reduction Act 1997.
Parking
281. Designation of paying parking places on highways.
282. Financial provisions relating to parking places on the highway.
283. Appointment of parking adjudicators by joint committee.
284. Fixing of certain parking and other charges.
285. Special parking areas.
286. Variation of special parking areas by the Mayor.
287. Interpretation of parking provisions.
School crossing patrols, parking attendants and traffic wardens
288. School crossing patrols.
289. Parking attendants.
290. Exercise by traffic wardens of functions of parking attendants.
Miscellaneous and supplementary provisions
291. London borough council affecting another authority's roads.
292. Interpretation of the Road Traffic Regulation Act 1984.
293. Proposals for Royal Parks and highways: consultation.
294. Repeal of certain enactments.
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Chapter XV
New Charges and Levies
295. Road user charging.
296. Workplace parking levy.
Chapter XVI
Transition from London Regional Transport to Transport for London
297. Transfers of property, rights and liabilities.
298. Functions during the transitional period.
299. Fares etc during the transitional period.
300. Continuity: repealed or revoked functions.
301. Transfer of former functions of LTE, records and relics.
302. Dissolution of London Regional Transport.
303. Interpretation of Chapter XVI.
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Part V
The London Development Agency
304. Appointment of members by the Mayor.
305. Delegation of functions by Ministers to the Mayor.
306. The London Development Agency strategy.
307. Secretary of State's functions in relation to the strategy.
308. Audit.
309. Further amendments of the Regional Development Agencies Act 1998.
Part VI
Police and Probation Services
The Metropolitan Police Authority and its police force
310. Establishment, membership and duty to maintain police force.
311. Assimilation of general functions to those of other police authorities.
312. Metropolitan Police Authority to be police authority instead of Secretary of State.
313. Openness.
Commissioners and Commanders
314. General functions of the Commissioner.
315. Appointment of Commissioner.
316. Functions of the Deputy Commissioner.
317. Appointment of Deputy Commissioner.
318. Removal of Commissioner or Deputy Commissioner.
319. Appointment, removal and functions of Assistant Commissioners.
320. Appointment and removal of Commanders.
321. Continuation in post of Commissioners and Commanders.
Other members
322. Other members of the metropolitan police force.
The metropolitan police district
323. Alteration of the metropolitan police district.
324. Secondments to meet demands caused by the boundary change.
Miscellaneous police amendments
325. Further amendments relating to metropolitan police etc.
The probation service
326. Organisation of probation service in Greater London.
The Receiver for the Metropolitan Police District
327. Abolition of office of Receiver.
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Part VII
The London Fire and Emergency Planning Authority
328. Reconstitution of the Fire etc Authority.
329. Role as the fire authority for Greater London.
330. Civil defence.
331. Openness.
332. Discharge of functions.
333. Miscellaneous powers and duties.
Part VIII
Planning
The Mayor's spatial development strategy
334. The spatial development strategy.
335. Public participation.
336. Withdrawal.
337. Publication.
338. Examination in public.
Review, alteration and replacement
339. Review of matters affecting the strategy.
340. Reviews of the strategy.
341. Alteration or replacement.
Supplementary provisions
342. Matters to which the Mayor is to have regard.
343. Regulations.
Implementation
344. Amendments of the Town and Country Planning Act 1990.
345. Town and Country Planning Act 1990: costs of appeals.
Miscellaneous and supplemental
346. Monitoring and data collection.
347. Functional bodies to have regard to the strategy.
348. Mayor's functions as to planning around Greater London.
349. Abolition of joint planning committee for Greater London.
350. Interpretation of Part VIII.
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Part IX
Environmental functions
Report on the state of the environment
351. The Mayor's environmental report.
Biodiversity
352. The Mayor's biodiversity action plan.
Waste
353. The Mayor's municipal waste management strategy.
354. Directions by the Secretary of State.
355. Duties of waste collection authorities etc.
356. Directions by the Mayor.
357. Information about existing waste contracts.
358. Information about new waste contracts.
359. Confidential information about waste contracts.
360. Interpretation of sections 353 to 359.
361. Waste recycling plans.
Air quality
362. The Mayor's air quality strategy.
363. Directions by the Secretary of State.
364. Duty of local authorities in Greater London.
365. Directions by the Mayor.
366. Interpretation of sections 362 to 365.
367. Directions under the Environment Act 1995.
368. Duty of the Mayor in relation to air quality action plans.
369. Consultation with the Mayor.
Noise
370. The London ambient noise strategy.
371. Consultation about aviation noise.
372. Consultation at aerodromes.
Miscellaneous and supplementary
373. Functional bodies to have regard to strategies under this Part.
374. Abolition of the London Ecology Committee.
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Part X
Culture, Media and Sport
Chapter I
Culture Strategy and tourism
375. The Cultural Strategy Group for London.
376. The Mayor's culture strategy.
377. Assistance by the Mayor for museums, galleries etc.
378. Duty of the Authority to promote tourism.
379. Authority's duty to provide advice on tourism.
380. Delegation of Authority's functions.
381. Grants to the Authority for its tourism functions.
382. Interpretation of Chapter I.
Chapter II
Trafalgar Square and Parliament Square
383. Trafalgar Square.
384. Parliament Square.
385. Byelaws.
386. Guidance.
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Part XI
Miscellaneous and General Provisions
Application of enactments
387. The Trustee Investments Act 1961.
388. The Local Authorities (Goods and Services) Act 1970.
389. The Superannuation Act 1972.
390. The Superannuation Act 1972: delegation of functions.
391. The Race Relations Act 1976.
392. The Stock Transfer Act 1982.
Companies
393. Companies in which local authorities have interests.
Investigation of functional bodies
394. Investigation by the Commission for Local Administration.
Information etc.
395. Provision of information, advice and assistance by functional bodies.
396. Research and collection of information: London Research Centre etc.
397. Information schemes.
398. Schemes for the provision of information by London councils: supplementary.
399. Revocation or variation of information schemes.
Overseas assistance
400. Overseas assistance.
Accommodation
401. Accommodation for Authority and functional bodies.
The London Pensions Fund Authority
402. Finance.
403. Membership, reports and information.
Discrimination
404. Discrimination.
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Part XII
Supplementary Provisions
Consequential and transitional provisions etc.
405. Power to amend Acts and subordinate legislation.
406. Transitional and consequential provision.
407. Appointments by the Secretary of State.
Tranfers
408. Transfers of property, rights or liabilities.
409. Transfer schemes.
410. Contracts of employment etc.
411. Pensions.
412. Transfer and pension instruments: common provisions.
413. Modification of transfer or pension instruments.
414. Foreign property, rights or liabilities: perfection of vesting.
Continuity
415. Continuity.
416. Repeal and re-enactment: supplementary provisions.
Taxation provisions
417. Stamp duty and stamp duty reserve tax.
418. Stamp duty: instruments under London Regional Transport Act 1984.
419. Taxation.
Miscellaneous and Supplemental
420. Regulations and orders.
421. Directions.
422. Financial provisions.
423. Repeals.
424. Interpretation.
425. Short title, commencement and extent.
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Schedules:
Schedule 1
Assembly constituencies and orders under section 2(4).
Part I
Assembly constituencies.
Part II
Orders under section 2(4).
Schedule 2
Voting at elections.
Part I
Election of the Mayor.
Part II
Return of London members.
Schedule 3
Amendments of the Representation of the People Acts.
Schedule 4
Exercise of functions during vacancy or temporary incapacity of Mayor.
Part I
Interpretation.
Part II
Vacancies in the office of Mayor.
Part III
Mayor temporarily unable to act.
Schedule 5
Promotion of Bills in Parliament by the Authority.
Schedule 6
Procedure for determining the Authority's consolidated budget requirement.
Schedule 7
Procedure for making of substitute calculations by the Authority.
Schedule 8
Amendments of the Audit Commission Act 1998.
Schedule 9
Amendments to Local Government Finance Act 1992.
Schedule 10
Transport for London.
Schedule 11
Miscellaneous powers of Transport for London.
Schedule 12
Transport for London transfer schemes.
Schedule 13
Promotion of Bills in Parliament by Transport for London.
Schedule 14
PPP administration orders.
Part I
Modifications of the 1986 Act.
Part II
Further modifications of the 1986 Act: application in relation to foreign companies.
Part III
Supplemental.
Schedule 15
Transfer of relevant activities in connection with PPP administration orders.
Schedule 16
The free travel scheme.
Schedule 17
Penalty fares.
Schedule 18
London Transport Users' Committee.
Schedule 19
Amendment of enactments relating to the London Regional Passengers' Committee.
Schedule 20
Hackney carriages.
Part I
Transfers of functions and amendments.
Part II
Transitional provisions.
Schedule 21
The Private Hire Vehicles (London) Act 1998.
Schedule 22
Stopping up orders by London councils.
Schedule 23
Road user charging.
Schedule 24
Workplace parking levy.
Schedule 25
Further amendments of the Regional Development Agencies Act 1998.
Schedule 26
The Metropolitan Police Authority: Schedule 2A to the Police Act 1996.
Schedule 27
Further amendments relating to metropolitan police etc.
Schedule 28
The London Fire and Emergency Planning Authority.
Schedule 29
Amendments relating to the Fire etc Authority.
Part I
Public General Acts.
Part II
Local and Personal Acts.
Schedule 30
The Cultural Strategy Group for London.
Schedule 31
Transfer schemes.
Schedule 32
London Regional Transport pension etc schemes.
Schedule 33
Taxation provisions.
Part I
Transfers from London Regional Transport to Transport for London.
Part II
Public-Private Partnership Agreements.
Schedule 34
Enactments repealed.
Part I
Financial provisions.
Part II
Transport for London and London Regional Transport.
Part III
Railways.
Part IV
The Transport Users' Committee.
Part V
Hackney carriages and private hire vehicles.
Part VI
Highways and traffic control.
Part VII
The metropolitan police.
Part VIII
The Fire etc Authority.
Part IX
Miscellaneous.
An Act to establish and make provision about the Greater London Authority, the Mayor of London and the London Assembly; to make provision in relation to London borough councils and the Common Council of the City of London with respect to matters consequential on the establishment of the Greater London Authority; to make provision with respect to the functions of other local authorities and statutory bodies exercising functions in Greater London; to make provision about transport and road traffic in and around Greater London; to make provision about policing in Greater London and to make an adjustment of the metropolitan police district; and for connected purposes.
[11th November 1999]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--
Part I The Greater London Authority
The Authority
1 The Authority
(1) There shall be an authority for Greater London, to be known as the Greater London Authority.
(2) The Authority shall be a body corporate.
(3) The Authority shall have the functions which are transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act.
Membership
2 Membership of the Authority and the Assembly
(1) The Authority shall consist of--
(a) the Mayor of London; and
(b) an Assembly for London, to be known as the London Assembly.
(2) The Assembly shall consist of twenty five members, of whom--
(a) fourteen shall be members for Assembly constituencies ("constituency members"); and
(b) eleven shall be members for the whole of Greater London ("London members").
(3) There shall be one constituency member for each Assembly constituency.
(4) The Assembly constituencies shall be the areas, and shall be known by the names, specified in an order made by the Secretary of State.
(5) Schedule 1 to this Act (which makes further provision about Assembly constituencies and orders under subsection (4) above) shall have effect.
(6) The Mayor and the Assembly members shall be returned in accordance with the provision made in or by virtue of this Act for--
(a) the holding of ordinary elections of the Mayor, the constituency members and the London members; and
(b) the filling of vacancies in the office of Mayor or among the constituency members or the London members.
(7) An ordinary election involves the holding of--
(a) an election for the return of the Mayor;
(b) an election for the return of the London members; and
(c) elections for the return of the constituency members.
(8) The term of office of the Mayor and Assembly members returned at an ordinary election shall--
(a) begin on the second day after the day on which the last of the successful candidates at the ordinary election is declared to be returned; and
(b) end on the second day after the day on which the last of the successful candidates at the next ordinary election is declared to be returned;
but this subsection is subject to the other provisions of this Act and, in particular, to any provision made by order by virtue of subsection (4) of section 3 below.
(9) If at any ordinary election the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the day on which the last of the successful candidates at the ordinary election is declared to be returned shall be determined for the purposes of subsection (8) above without regard to the return of the Assembly member for that Assembly constituency.
(10) The validity of proceedings of the Assembly is not affected by any vacancy in its membership.
(11) The validity of anything done by the Authority is not affected by any vacancy in the office of Mayor or any vacancy in the membership of the Assembly.
Ordinary elections
3 Time of ordinary elections
(1) The poll at the first ordinary election shall be held on 4th May 2000 or such later date as the Secretary of State may by order provide.
(2) The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.
(3) Subsection (2) above is subject to any order made by virtue of section 37(2) of the Representation of the [1983 c. 2.] People Act 1983 (power by order to fix a day other than the first Thursday in May).
(4) As respects the first ordinary election, the Secretary of State may by order make provision--
(a) modifying section 2(8) above in relation to the Mayor and Assembly members returned at that election;
(b) for the returning officer at the election of the Mayor and the election of the London members to be a person, or a person of a description, designated in the order (instead of the person specified in section 35(2C) of the Representation of the [1983 c. 2.] People Act 1983);
(c) for and in connection with modifying the entitlement to vote or the registration of electors, or with respect to the registers (or parts of registers) of electors to be used;
(d) for or in connection with enabling electors to vote in the poll at such polling stations or other places as may be prescribed, at such times as may be prescribed, on such one or more days preceding the date specified in or provided under subsection (1) above for the poll as may be specified in the order.
(5) The provision that may be made by an order under paragraph (d) of subsection (4) above includes provision for such enactments or statutory instruments as may be specified in the order to have effect with such modifications as may be so specified.
(6) In this section "prescribed" means specified in, or determined in accordance with, an order under this section.
4 Voting at ordinary elections
(1) Each person entitled to vote as an elector at an ordinary election shall have the following votes--
(a) one vote (referred to in this Part as a mayoral vote) which may be given for a candidate to be the Mayor;
(b) one vote (referred to in this Part as a constituency vote) which may be given for a candidate to be the Assembly member for the Assembly constituency; and
(c) one vote (referred to in this Part as a London vote) which may be given in accordance with subsection (5) below.
(2) The Mayor shall be returned under the simple majority system, unless there are three or more candidates.
(3) If there are three or more candidates to be the Mayor--
(a) the Mayor shall be returned under the supplementary vote system in accordance with Part I of Schedule 2 to this Act; and
(b) a voter's mayoral vote shall accordingly be a supplementary vote, that is to say, a vote capable of being given to indicate the voter's first and second preferences from among the candidates.
(4) The Assembly member for an Assembly constituency shall be returned under the simple majority system.
(5) A London vote may be given for--
(a) a registered political party which has submitted a list of candidates to be London members; or
(b) an individual who is a candidate to be a London member.
(6) The London members shall be returned in accordance with Part II of Schedule 2 to this Act.
(7) The persons who are to be returned as--
(a) the Mayor, and
(b) the constituency members,
must be determined before it is determined who are to be returned as the London members.
(8) But if the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the persons who are to be returned as the London members shall be determined without regard to the determination of the Assembly member for that Assembly constituency.
(9) At an ordinary election, a person may not be a candidate to be the Assembly member for more than one Assembly constituency.
(10) If the person who is returned as the Mayor is also returned as an Assembly member for an Assembly constituency, a vacancy shall arise in the Assembly constituency.
(11) In this Part "registered political party" means a party registered under the [1998 c. 48.] Registration of Political Parties Act 1998.
Vacancies in the Assembly
5 Resignation
(1) An Assembly member may at any time resign his membership of the Assembly by giving notice to the proper officer of the Authority.
(2) Any such resignation shall take effect on the officer's receipt of the notice.
6 Failure to attend meetings
(1) If an Assembly member fails, throughout a period of six consecutive months from his last attendance, to attend any meeting of the Assembly, he shall cease to be a member of the Assembly.
(2) A person shall not cease to be a member by virtue of subsection (1) above if the failure to attend is due to some reason approved by the Assembly before the expiry of that period.
(3) For the purposes of this section, an Assembly member shall be deemed to have attended a meeting of the Assembly on any occasion on which he attended--
(a) as a member at a meeting of any committee or sub-committee of the Assembly; or
(b) as a representative of the Assembly or the Authority at a meeting of any body of persons.
(4) A person shall not cease to be a member of the Assembly by reason only of a failure to attend meetings of the Assembly if--
(a) he is a member of any branch of Her Majesty's naval, military or air forces and is at the time employed during war or any emergency on any naval, military or air force service, or
(b) he is a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence,
and the failure to attend is due to that employment.
7 Declaration of vacancy in certain cases
Where an Assembly member--
(a) ceases to be qualified to be a member of the Assembly, or
(b) becomes disqualified from being a member otherwise than--
(i) under the [1998 c. 18.] Audit Commission Act 1998,
(ii) by virtue of a conviction, or
(iii) by virtue of a breach of any provision of Part II of the Representation of the [1983 c. 2.] People Act 1983, or
(c) ceases to be a member of the Assembly by reason of failure to attend meetings of the Assembly,
the proper officer of the Authority shall forthwith declare the member's office to be vacant, unless it has been declared vacant by the High Court.
8 Election of member as Mayor
If the person who is returned at an election under section 16 below to fill a vacancy in the office of Mayor is an Assembly member, a vacancy shall arise--
(a) if he is a member for an Assembly constituency, in that Assembly constituency; or
(b) if he is a London member, in his office as a London member.
9 Date of casual vacancies
(1) For the purpose of filling a casual vacancy in the membership of the Assembly, the date on which a vacancy is to be regarded as occurring shall be--
(a) in the case of any person being returned--
(i) at an ordinary election, as the Mayor and also as the Assembly member for an Assembly constituency, or
(ii) at an election under section 16 below to fill a vacancy in the office of Mayor when he is an Assembly member,
on the date on which he is returned as the Mayor or, as the case may be, to fill the vacancy in that office;
(b) in the case of any person being returned as mentioned in section 16(10) below, on the date on which he is returned to fill the vacancy in the Assembly constituency;
(c) in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;
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