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Greater London Authority Act 1999 (c. 29)(The document as of February, 2008) Page 21 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31 | P.32 | P.33 | P.34 | P.35 | P.36 | P.37 | P.38 | P.39 | P.40 | P.41 | P.42 | P.43 (2) As soon as reasonably practicable after the draft strategy has been submitted to the Mayor, the Mayor shall prepare and publish a document to be known as the "culture strategy". (3) The culture strategy published under subsection (2) above shall be the draft strategy submitted to the Mayor under subsection (1) above, with such modifications (if any) as the Mayor considers appropriate. (4) The Cultural Strategy Group for London shall keep the culture strategy under review and may submit proposed revisions of it to the Mayor. (5) The policies that may be contained in the culture strategy include policies with respect to each of the following matters-- (a) the arts, tourism and sport; (b) ancient monuments and sites; (c) buildings and other structures which are of historical or architectural interest or which otherwise form part of the heritage of Greater London; (d) museums and galleries; (e) library services; (f) archives; (g) treasure, and antiquities of a movable nature; (h) broadcasting, film production and other media of communication. (6) The Mayor may give the Cultural Strategy Group for London directions requiring the draft strategy to be formulated and submitted under subsection (1) above not later than such date as may be specified in the directions. (7) The Cultural Strategy Group for London shall comply with any directions under subsection (6) above. (8) Where the Mayor revises the culture strategy otherwise than in response to proposed revisions submitted by the Cultural Strategy Group for London under subsection (4) above, then, in the case of that revision-- (a) the bodies and persons required to be consulted under subsection (1) of section 42 above shall include the Cultural Strategy Group for London; and (b) the reference in subsection (5) of that section to the Assembly and the functional bodies shall be taken to include a reference to the Cultural Strategy Group for London. (9) In this Act, references to the culture strategy include, except where the context otherwise requires, a reference to the culture strategy as revised. 377 Assistance by the Mayor for museums, galleries etc(1) The Authority may provide financial or other assistance for the purposes of any museum, gallery, library, archive or other cultural institution in Greater London. (2) Any assistance under this section may be provided subject to conditions. (3) The conditions that may be imposed under subsection (2) above include in particular-- (a) conditions with respect to the keeping, and production for inspection, of accounts and records; and (b) conditions requiring the making of repayments in respect of financial assistance in whole or in part. 378 Duty of the Authority to promote tourism(1) The functions of the Authority shall include the duty-- (a) to encourage people to visit Greater London; (b) to encourage people from outside the United Kingdom to visit the United Kingdom by way of Greater London; and (c) to encourage the provision and improvement of tourist amenities and facilities in Greater London. (2) The Authority shall have power to do anything-- (a) for the purpose of discharging the functions conferred on it by this section; or (b) which is incidental or conducive to the discharge of those functions. (3) For the purpose of discharging the functions conferred on it by this section, the powers of the Authority shall (in particular) include power-- (a) to undertake publicity or other promotional activities in any form; (b) to provide advisory and information services; (c) to promote or undertake research; (d) to enter into arrangements with any other person or organisation for or in connection with the carrying on by that person or organisation of any activity which the Authority has power to carry on under this section. (4) The Authority shall have power by virtue of subsections (2) and (3) above to carry on any activities outside the United Kingdom for the purpose of encouraging people-- (a) to visit Greater London or any part of it, or (b) to visit the United Kingdom by way of Greater London. (5) In discharging its functions under subsections (1) to (4) above, the Authority shall have regard to the desirability of undertaking appropriate consultation and, in appropriate cases, co-operating with-- (a) the Secretary of State; (b) any Tourist Board; or (c) any other persons who, or organisations which, have knowledge of, or are interested in, matters affecting the discharge of those functions. (6) The Authority shall have power to provide financial or other assistance-- (a) to persons or organisations discharging in relation to Greater London or any part of Greater London functions corresponding to those of the Authority under this section; or (b) to any other person or organisation, for the purpose of discharging any of the Authority's functions under subsections (1) to (4) above. (7) Where the Authority provides assistance under subsection (6) above, it may do so subject to conditions. (8) The conditions that may be imposed under subsection (7) above include in particular-- (a) conditions with respect to the keeping, and production for inspection, of accounts and records; and (b) conditions requiring the making of repayments in respect of financial assistance in whole or in part. (9) The Authority may charge for its services and receive contributions towards its expenses in carrying out any of its functions under this section. (10) Nothing in this section authorises the Authority to borrow money otherwise than as provided by the other provisions of this Act. (11) In this section "Tourist Board" means-- (a) the British Tourist Authority; (b) the English Tourist Board; (c) the Northern Ireland Tourist Board; (d) the Scottish Tourist Board; or (e) the Wales Tourist Board. 379 Authority's duty to provide advice on tourismIt shall be the duty of the Authority to advise-- (a) any Minister of the Crown, (b) the British Tourist Authority, or (c) the English Tourist Board, on such matters relating to tourism in Greater London as the Minister or, as the case may be, that Authority or Board may refer to it or as the Authority thinks fit. 380 Delegation of Authority's functions(1) Any function exercisable on behalf of the Authority by the Mayor under or by virtue of this Part shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor. (2) Those bodies and persons are-- (a) the Deputy Mayor; (b) any member of staff of the Authority; (c) the Cultural Strategy Group for London; (d) the London Development Agency; (e) the Common Council; (f) any local authority. (3) In the case of the Common Council or a local authority, an authorisation under this section-- (a) may only be granted or varied with its written consent; and (b) shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor. (4) Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above. (5) Subsection (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by-- (a) a committee or sub-committee, or a member, officer or employee, of the body or person, or (b) a joint committee on which the person or body is represented, except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide. (6) Subsection (1) above does not apply-- (a) in relation to functions under this section; or (b) in relation to any function of making byelaws under section 385(1) below. (7) An authorisation under subsection (1) above which relates to-- (a) any function under section 376 above, or (b) the exercise of any function under or by virtue of section 383(1) or 384(3) below to the extent that it involves a determination as to whether to permit a public demonstration to take place in Trafalgar Square or Parliament Square Garden, may only be given to the Deputy Mayor or a member of staff of the Authority. (8) An authorisation under subsection (1) above which relates to any function of enforcing any byelaws made under section 385(1) below may only be given-- (a) to the Deputy Mayor, (b) to any member of staff of the Authority, (c) to the Common Council, (d) to any local authority. (9) Each of the following bodies, namely-- (a) the Cultural Strategy Group for London, (b) the London Development Agency, (c) the Common Council, (d) any local authority, shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function. (10) Subsections (3) and (4) of section 101 of the [1972 c. 70.] Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor-- (a) to a local authority, (b) to the Cultural Strategy Group for London, or (c) to the London Development Agency, as they apply to arrangements under that section between one local authority and another. (11) An authorisation under this section may be varied or revoked at any time by the Mayor. (12) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing. (13) In this section--
381 Grants to the Authority for its tourism functions(1) The Secretary of State may pay to the Authority grants of such amounts in respect of expenditure incurred or to be incurred by the Authority in the exercise, or in any particular exercise, of any of the Authority's tourism functions as he may with the consent of the Treasury determine. (2) A grant under subsection (1) above may be made subject to such conditions as the Secretary of State may, with the consent of the Treasury, determine. (3) The conditions that may be imposed by virtue of subsection (2) above include in particular-- (a) conditions with respect to the keeping, and production for inspection, of accounts and records; (b) conditions relating to the level of performance to be achieved by the Authority in respect of any of its tourism functions and the consequences of failure to achieve that level; and (c) conditions requiring repayment of the grant in whole or in part. 382 Interpretation of Chapter I(1) In this Chapter--
(2) The functions conferred or imposed on the Authority under or by virtue of this Chapter shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority. (3) Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the Assembly. Chapter II Trafalgar Square and Parliament Square383 Trafalgar Square(1) The functions of the Secretary of State under section 2 of the [1844 c. 60.] Trafalgar Square Act 1844 (care, control, management and regulation of the Square and its ornaments etc) are transferred by this subsection to the Authority. (2) In that section, the words from "by and out of such Monies" to "by Authority of Parliament" shall cease to have effect. (3) The functions transferred to the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority. 384 Parliament Square(1) The land comprised in the site of the central garden of Parliament Square (which, at the passing of this Act, is vested in the Secretary of State for Culture, Media and Sport) is by this subsection transferred to and vested in Her Majesty as part of the hereditary possessions and revenues of Her Majesty. (2) Nothing in subsection (1) above affects-- (a) any sewers, cables, mains, pipes or other apparatus under that site, or (b) any interest which was, immediately before the passing of this Act, vested in London Regional Transport or any of its subsidiaries. (3) The care, control, management and regulation of the central garden of Parliament Square shall be functions of the Authority. (4) It shall be the duty of the Authority well and sufficiently to light, cleanse, water, pave, repair and keep in good order and condition the central garden of Parliament Square. (5) The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority. (6) In consequence of the preceding provisions of this section, any functions of the Secretary of State under or by virtue of section 22 of the [1851 c. 42.] Crown Lands Act 1851 (duties and powers of management in relation to the royal parks, gardens and possessions there mentioned), so far as relating to the whole or any part of the central garden of Parliament Square, shall determine. (7) Subsections (3) and (4) above shall have effect notwithstanding any law, statute, custom or usage to the contrary. (8) Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority. (9) In this section "the central garden of Parliament Square" means the site in Parliament Square on which the Minister of Works was authorised by the [1949 c. lvi.] Parliament Square (Improvement) Act 1949 to lay out the garden referred to in that Act as "the new central garden". 385 Byelaws(1) The Authority may make such byelaws to be observed by persons using Trafalgar Square or Parliament Square Garden as the Authority considers necessary for securing the proper management of those Squares and the preservation of order and the prevention of abuses there. (2) Byelaws under this section may designate specified provisions of the byelaws as trading byelaws. (3) A person who contravenes or fails to comply with any byelaw under this section shall be guilty of an offence and liable on summary conviction-- (a) if the byelaw is a trading byelaw, to a fine not exceeding level 3 on the standard scale, or (b) in any other case, to a fine not exceeding level 1 on the standard scale. (4) The provision that may be made in byelaws under this section includes provision for or in connection with-- (a) the licensing of any trading; and (b) the seizure, retention or disposal of any property in connection with any contravention of or failure to comply with a trading byelaw. (5) The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority. (6) Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority. (7) In this section--
386 Guidance(1) The Secretary of State may issue guidance to the Mayor concerning the exercise of any function under or by virtue of section 383(1), 384(3) or (4) or 385(1) above by him or any body or person authorised to exercise the function under section 380 above. (2) In deciding whether or how to exercise that function, the Mayor, or body or person, shall have regard to any guidance issued under subsection (1) above. Part XI Miscellaneous and General ProvisionsApplication of enactments387 The Trustee Investments Act 1961(1) The [1961 c. 62.] Trustee Investments Act 1961 shall be amended as follows. (2) In section 11 (local authority investment schemes) in subsection (4) (the authorities to which the section applies) in paragraph (a)-- (a) after "England and Wales" there shall be inserted ", the Greater London Authority,"; and (b) after "Common Council of the City of London" there shall be inserted ", a functional body (within the meaning of the Greater London Authority Act 1999),". (3) In Schedule 1, in Part II (narrower-range investments requiring advice), in paragraph 9-- (a) after paragraph (a) there shall be inserted-- " (aa) the Greater London Authority; (ab) any functional body, within the meaning of the Greater London Authority Act 1999; " ; and (b) in paragraph (d), the words "the Receiver for the Metropolitan Police District or" shall cease to have effect. 388 The Local Authorities (Goods and Services) Act 1970In section 1(4) of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970, in the definition of "local authority"-- (a) after "London borough," there shall be inserted "the Greater London Authority,"; and (b) after "any joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985" there shall be inserted "and the London Fire and Emergency Planning Authority, Transport for London and the London Development Agency". 389 The Superannuation Act 1972(1) Employment with-- (a) the Authority, (b) Transport for London, (c) the London Development Agency, (d) the Metropolitan Police Authority, or (e) the London Transport Users' Committee, shall be included among the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply. (2) Accordingly, in Schedule 1 to that Act (in which those kinds of employment are listed) the following entries shall be inserted in the list of "Other bodies" at the appropriate places-- " The Greater London Authority. " " The London Development Agency. " " The London Transport Users' Committee. " " The Metropolitan Police Authority. " " Transport for London. " (3) Each of the bodies specified in subsection (1) above shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to this section (so far as referable to that body) in the sums payable under the [1972 c. 11.] Superannuation Act 1972 out of money provided by Parliament. (4) Where an employee of any of the bodies specified in subsection (1) above-- (a) is, by reference to that employment, a participant in a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972, and (b) is also a member of that body, the Minister for the Civil Service may determine that his service as such a member shall be treated for the purpose of the scheme as service as an employee of that body. (5) A determination under subsection (4) above shall be without prejudice to-- (a) paragraph 2(6) of Schedule 10 to this Act, in the case of Transport for London; (b) paragraph 2 of Schedule 18 to this Act, in the case of the London Transport Users' Committee; or (c) paragraph 3 of Schedule 2 to the [1998 c. 45.] Regional Development Agencies Act 1998, in the case of the London Development Agency. (6) In consequence of the inclusion, by virtue of subsection (2) above, of an entry relating to the London Development Agency in Schedule 1 to the [1972 c. 11.] Superannuation Act 1972, in the entry in that Schedule relating to a development agency established under section 1 of the [1998 c. 45.] Regional Development Agencies Act 1998, there shall be added at the end "(other than the London Development Agency (for which there is a separate entry))". 390 The Superannuation Act 1972: delegation of functions(1) The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to any person the function of administering a scheme made under section 1 of the [1972 c. 11.] Superannuation Act 1972, so far as relating to employees of any of the bodies specified in section 389(1) above. (2) A person to whom the function of administering a scheme made under section 1 of the [1972 c. 11.] Superannuation Act 1972 is delegated under subsection (1) above may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person. (3) Where a person is authorised under subsection (2) above to exercise the function of administering a scheme made under section 1 of the [1972 c. 11.] Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him. (4) Subsection (3) above does not apply for the purposes of-- (a) any criminal proceedings against the authorised person (or any employee of his); or (b) any contract between him and the person who authorised him, so far as relating to the function. 391 The Race Relations Act 1976The following bodies, namely-- (a) the Authority, (b) the Metropolitan Police Authority, and (c) the London Fire and Emergency Planning Authority, shall each be treated as a local authority for the purposes of section 71 of the [1976 c. 74.] Race Relations Act 1976 (general statutory duty of local authorities). 392 The Stock Transfer Act 1982(1) In Schedule 1 to the [1982 c. 41.] Stock Transfer Act 1982 (specified securities) paragraph 7 (securities issued by local authorities etc) shall be amended as follows. (2) In sub-paragraph (1), at the end of paragraph (ba) there shall be inserted "or" and paragraph (c) (which relates to the Receiver for the Metropolitan Police District) and the word "or" immediately preceding it shall cease to have effect. (3) In sub-paragraph (2) (which defines "local authority") in paragraph (a)-- (a) after "namely," there shall be inserted "the Greater London Authority,"; and (b) after "Common Council of the City of London" there shall be inserted ", a functional body (within the meaning of the Greater London Authority Act 1999),". Companies393 Companies in which local authorities have interests(1) In Part V of the [1989 c. 42.] Local Government and Housing Act 1989 (companies in which local authorities have interests) section 67 (application of, and orders under, the Part) shall be amended as follows. (2) In subsection (3) (which specifies the bodies which are local authorities for the purposes of the Part) after paragraph (b) there shall be inserted-- " (bb) the Greater London Authority; (bc) a functional body, within the meaning of the Greater London Authority Act 1999; " . Investigation of functional bodies394 Investigation by the Commission for Local Administration(1) Section 25(1) of the [1974 c. 7.] Local Government Act 1974 (which specifies the bodies which are subject to investigation under Part III of that Act) shall be amended as follows. (2) After paragraph (bb) there shall be inserted-- " (bbb) the London Development Agency; " . (3) After paragraph (c) there shall be inserted-- " (cza) the London Fire and Emergency Planning Authority; " . (4) After paragraph (ca) (police authority established under section 3 of the Police Act 1996) there shall be inserted-- " (caa) the Metropolitan Police Authority; " (5) After paragraph (cb) there shall be inserted-- " (cc) Transport for London; and " . (6) In consequence of subsection (2) above, in Schedule 2 to the [1967 c. 13.] Parliamentary Commissioner Act 1967, at the end of the entry relating to regional development agencies (which is inserted by paragraph 2 of Schedule 7 to the [1998 c. 45.] Regional Development Agencies Act 1998) there shall be added "(other than the London Development Agency)". Information etc.395 Provision of information, advice and assistance by functional bodies(1) Subject to the following provisions of this section, the functional bodies shall provide the Mayor with such information, advice and assistance as he may by notice request. (2) The information, advice or assistance that may be requested under subsection (1) above is such information, advice or assistance as the Mayor may reasonably require for the purpose of discharging functions of the Authority which are exercisable by him. (3) The Secretary of State may by order-- (a) prescribe categories of information which a functional body may refuse to provide to the Mayor under subsection (1) above, or (b) impose further limitations on the exercise of the powers conferred on the Mayor by subsection (1) above. 396 Research and collection of information: London Research Centre etc(1) The Authority-- (a) may carry out, or assist in carrying out, investigations into, or the collection of information relating to, any matters concerning Greater London or any part of it; and (b) may make, or assist in making, arrangements whereby any such information is, or the results of any such investigation are, made available to any government department, any local authority in Greater London, any other body or person, or the public. 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