Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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(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.

(2) The Secretary of State may make regulations requiring the Authority to carry out, or assist in carrying out, under subsection (1)(a) above investigations into, or the collection of information relating to, such matters as may be specified in the regulations or matters of such a description as may be so specified.

(3) Regulations under subsection (2) above may make provision requiring the Authority to make, or assist in making, arrangements whereby any such information is, or the results of any such investigation are, made available to--

(a) government departments;

(b) bodies or persons specified, or of a description specified, in the regulations; or

(4) The Secretary of State may make regulations requiring the Authority to make, or assist in making, arrangements whereby information falling within subsection (5) below which is in the possession of the Authority is made available to any of the bodies and persons mentioned in subsection (3)(a) to (c) above.

(5) The information which falls within this subsection is--

(a) information collected, or the result of any investigation carried out, by the Authority under subsection (1)(a) above, and

(b) information collected, or the result of any investigation carried out, other than by the Authority which has been transferred to the Authority by virtue of an order under section 408 below or a scheme under section 409 below.

(6) Any functions conferred or imposed on the Authority by or under this section shall be exercisable by the Mayor acting on behalf of the Authority.

(7) Subsection (6) above does not apply in relation to any function expressly conferred or imposed on the Assembly by regulations under subsection (2) above.

(8) The Mayor shall from time to time, and at least once in every year, consult each London borough council and the Common council about the exercise of the Authority's functions under subsection (1) above.

(9) Before making any regulations under subsection (2) above, the Secretary of State shall consult the Mayor, the Assembly, every London borough council and the Common Council.

(10) Any scheme made for Greater London under subsection (1) of section 88 of the [1985 c. 51.] Local Government Act 1985 (research and collection of information) is revoked by this subsection.

(11) In that section--

(a) in subsection (1), the words "Greater London or", and

(b) subsection (12)(a),

shall cease to have effect.

(12) After subsection (13) of that section (power of London borough councils etc to exercise functions described in subsection (1)(a) and (b) of that section) there shall be inserted--

" (13A) In the application of subsection (13) above in relation to a London borough council or the Common Council, paragraphs (a) and (b) of subsection (1) above shall have effect with the substitution of "Greater London" for "that area". "

397 Information schemes

(1) The Mayor may make schemes for the collection of information relating to any matters concerning Greater London or any part of it.

(2) The schemes that may be made under this section include schemes under which each London local authority must provide to the Mayor, in accordance with the scheme, information--

(a) required by the Mayor to be provided; and

(b) falling within such description of information as is specified in the scheme.

(3) A scheme under this section may be made only after consultation with each London local authority.

(4) A scheme under this section shall have effect so as to be binding on all the London local authorities only if at least two-thirds of those authorities give their agreement to the scheme.

(5) A scheme under this section shall state whether or not it is to remain in effect indefinitely and, if it is not to remain in effect indefinitely, shall state the period for which it is to remain in effect.

(6) A scheme under this section may include provision relating to--

(a) the method by which information to be collected or provided under the scheme is to be analysed;

(b) the form in which such information is to be collected or provided;

(d) the method by which information is to be transferred or stored under the scheme;

(e) the persons to whom information collected or provided under the scheme may, or must not, be disclosed;

(f) bearing the costs of the scheme.

(7) The provision which may be made by virtue of subsection (6)(f) above includes in particular provision--

(a) for the costs of collecting or providing information of a description specified in the scheme to be borne by the Mayor or a London local authority or by both the Mayor and a London local authority in such proportions as may be specified by or under the scheme;

(b) for the recovery of costs related to the scheme by the Mayor from a London local authority, by a London local authority from the Mayor or by a London local authority from another such authority.

(8) A scheme under this section may contain such supplementary provision as the Mayor considers necessary or expedient.

(9) The powers of the Mayor under this section are without prejudice to any other power of the Mayor under or by virtue of this Act to require any London local authority to provide information.

(10) For the purposes of this section "London local authority" means a London borough council or the Common Council.

398 Schemes for the provision of information by London councils: supplementary

(1) Where--

(a) a scheme is made by virtue of subsection (2) of section 397 above, but

(b) the agreement of at least two-thirds of the London local authorities is not given to the scheme as mentioned in subsection (4) of that section,

the Mayor may apply to the Secretary of State for a direction that the scheme is to have effect so as to be binding on all those authorities.

(2) A direction by the Secretary of State under subsection (1) above shall specify the date from which the scheme is to have effect by virtue of the direction.

(3) Before giving a direction under subsection (1) above the Secretary of State shall consult each London local authority and may give such a direction only if he considers--

(a) that the provision of information of the description which may be required by the Mayor to be provided under the scheme is necessary for the exercise of functions of the Authority; and

(b) that the provisions of the scheme will not impose an unreasonable financial burden on the London local authorities.

(4) For the purposes of any scheme made by virtue of subsection (2) of section 397 above each London local authority shall have power to collect any information which is required to be provided by that authority to the Mayor under the scheme.

(5) For the purposes of this section a London local authority means a London borough council or the Common Council.

399 Revocation or variation of information schemes

(1) A scheme under section 397 above may at any time--

(a) be revoked by the Mayor; or

(b) be varied by the Mayor in accordance with the terms of the scheme or by agreement between the Mayor and at least two-thirds of the London local authorities.

(2) Before deciding whether to revoke or vary a scheme by virtue of subsection (1) above the Mayor shall consult each London local authority.

(3) Where the Mayor revokes or varies a scheme by virtue of subsection (1) above he shall notify each London local authority of the revocation or variation.

(4) For the purposes of this section "London local authority" means a London borough council or the Common Council.

Overseas assistance

400 Overseas assistance

(1) Section 1 of the [1993 c. 25.] Local Government (Overseas Assistance) Act 1993 (power of local authorities to provide advice and assistance overseas) shall be amended as follows.

(2) After subsection (6) there shall be inserted--

" (6A) For the purposes of subsection (1) above the Greater London Authority shall be treated as having skill and experience as respects a particular matter if--

(a) the Authority does not have skill and experience as respects that matter,

(b) the London Development Agency does have such skill and experience, and

(3) In subsection (9)(a) (authorities given power to provide assistance) after "Wales," there shall be inserted "the Greater London Authority,".

Accommodation

401 Accommodation for Authority and functional bodies

(1) The Secretary of State shall be under a duty to provide accommodation for--

(a) the Authority, and

(b) each of the functional bodies,

during the period of five years beginning with the day on which this Act is passed.

(2) If the Secretary of State is satisfied that appropriate accommodation is available or has been provided for a body falling within paragraph (a) or (b) of subsection (1) above, he may by order make provision substituting for the period for the time being specified in that subsection as it has effect in relation to that body such shorter period as he may determine.

(3) Where the Secretary of State--

(a) has made an order under subsection (2) above in the case of any body, but

(b) subsequently considers that it is necessary, expedient or desirable to extend the period for the time being specified in subsection (1) above as it has effect in relation to that body,

he may by order make provision substituting for that period (whether or not it has expired) such longer period as he may determine, ending not later than the period of five years beginning with the day on which this Act is passed.

(4) The Secretary of State need not provide accommodation for a body under subsection (1) above during any period as respects which that body has notified him that it does not require him to provide accommodation for it.

(5) The provision of accommodation under subsection (1) above shall be on such financial and other terms as the Secretary of State may determine.

The London Pensions Fund Authority

402 Finance

(1) For each financial year the London Pensions Fund Authority ("the LPFA") shall prepare--

(a) a statement containing a draft budget for the LPFA for that financial year and specifying the amount of any levy which the LPFA proposes to make on any class of authority in respect of that year by virtue of any levying bodies regulations; and

(b) a statement of the LPFA's strategic plans and objectives for that financial year and the two following financial years;

and shall submit those statements to the Mayor on or before 31st December in the preceding financial year.

(2) If--

(a) the Mayor gives the LPFA any comments on a statement submitted in accordance with subsection (1)(a) above, and

(b) those comments are given on or before 31st January immediately following the submission of the statement,

the LPFA shall have regard to the comments in setting its budget for the financial year to which the statement relates.

(3) In this section--

"levying bodies regulations" means regulations (at the passing of this Act, the [S.I. 1992/2903.] Levying Bodies (General) Regulations 1992)--
(a)
made under section 74(2) of the [1988 c. 41.] Local Government Finance Act 1988; and
(b)
having effect in relation to the LPFA by reason of a levying power which the LPFA would have, apart from section 117 of that Act;
"levying power" means a power to make a levy conferred by or under any Act other than the [1988 c. 41.] Local Government Finance Act 1988 (at the passing of this Act, the power conferred by article 4 of the [S.I. 1989/1815.] London Government Reorganisation (Pensions etc.) Order 1989);
"net expenditure", in relation to the LPFA, means all expenditure and costs incurred by the LPFA less receipts (if any), but excluding--
(a)
any expenditure or costs payable out of, or
(b)
any receipts which fall to be credited to,

the superannuation fund maintained by the LPFA under regulations under section 7 of the [1972 c. 11.] Superannuation Act 1972.

(4) This section has effect in relation to financial years beginning on or after 1st April 2001.

403 Membership, reports and information

(1) The functions conferred or imposed on the Secretary of State under or by virtue of the provisions of Schedule 1 to the [S.I. 1989/1815.] London Government Reorganisation (Pensions etc.) Order 1989 ("the 1989 Order") specified in subsection (2) below are transferred to the Mayor by this subsection.

(2) Those provisions are--

(a) paragraph 1 (appointment of members etc);

(b) paragraph 2(b) (which makes provision about tenure of office by applying paragraph 2 of Schedule 13 to the [1985 c. 51.] Local Government Act 1985);

(c) paragraph 2(c) (which makes provision about determinations relating to remuneration etc by applying paragraph 3 of that Schedule);

(d) paragraph 2(f) (which makes provision about reports and information by applying paragraph 10 of that Schedule).

(3) In the application of paragraph 3 of Schedule 13 to the [1985 c. 51.] Local Government Act 1985 (determinations relating to remuneration etc) by virtue of subsections (1) and (2)(c) above, sub-paragraph (5) (which requires the consent of the Treasury to any determination) shall be omitted.

(4) In the application of paragraph 10 of that Schedule (reports and information) by virtue of subsections (1) and (2)(d) above, in sub-paragraph (2) (which requires the authority to send a copy of its annual report to the Secretary of State, and the Secretary of State to lay copies of it before Parliament) the words from "and the Secretary of State" to the end of the sub-paragraph shall be omitted.

(5) Any appointment--

(a) made by the Secretary of State under sub-paragraph (1) or (2) of paragraph 1 of Schedule 1 to the 1989 Order, and

(b) in force immediately before the coming into force of subsection (1) above, so far as relating to subsection (2)(a) above,

shall have effect as from the coming into force of subsection (1) above, so far as so relating, as an appointment made by the Mayor under and in accordance with that sub-paragraph (and subject accordingly to the provisions of paragraphs 2 and 3 of Schedule 13 to the [1985 c. 51.] Local Government Act 1985 as they have effect by virtue of subsections (1) and (2)(b) or (c) above).

Discrimination

404 Discrimination

(1) In exercising their functions, it shall be the duty of--

(a) the Greater London Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly jointly),

(b) the Metropolitan Police Authority, and

to comply with the requirement in subsection (2) below.

(2) The requirement is to have regard to the need--

(a) to promote equality of opportunity for all persons irrespective of their race, sex, disability, age, sexual orientation or religion;

(b) to eliminate unlawful discrimination; and

(3) This section is without prejudice to section 33 above and is subject to any provision made by or under any other enactment.

Part XII Supplementary Provisions

Consequential and transitional provision etc.

405 Power to amend Acts and subordinate legislation

(1) Any Minister of the Crown may by order make such amendments, repeals or revocations as appear to him to be appropriate in consequence of this Act, or of any regulations or orders under this Act,--

(a) in any enactment contained in an Act passed before the relevant day or in the Session in which that day falls; or

(b) in any subordinate legislation (including subordinate legislation made under or by virtue of this Act) made before the relevant day or in the Session in which that day falls.

(2) Any power of a Minister of the Crown by order or regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes--

(a) to apply with or without modifications,

(b) to extend, exclude or amend, or

any such enactment, or any instrument made under any such enactment, as is mentioned in subsection (1) above or any charter, whenever granted.

(3) The amendment by this Act of any provision is without prejudice to the exercise in relation to that provision of the powers conferred by this section.

(4) For the purposes of this section "the relevant day" means the earliest day on which--

(a) the Authority and the functional bodies are all in being, and

(b) London Regional Transport and the Receiver for the Metropolitan Police District have ceased to exist,

and any reference to an Act passed before that day includes a reference to this Act.

406 Transitional and consequential provision

(1) A Minister of the Crown may by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient--

(a) for the general purposes, or any particular purposes, of this Act;

(b) in consequence of, or otherwise in connection with, any provision made by or under this Act;

(d) in consequence of such of the provisions of any other Act passed--

(i) before the relevant day, within the meaning of section 405 above, or

(ii) in the Session in which that day falls,

as apply to any area, or any body or person, affected by this Act.

(2) The provision that may be made by an order under this section includes provision--

(a) for requiring or enabling any body or person by whom any powers will, on a date specified by or under this Act, become exercisable by virtue of any provision made by or under this Act to take before that date any steps which are necessary or expedient as a preliminary to the exercise of those powers;

(b) for the making, before any date specified by or under this Act, of arrangements for securing the satisfactory operation on or after that date of any provision made by or under this Act and for defraying the cost of any such arrangements;

(c) for authorising or requiring the exercise by or in relation to any body or person before a date specified by or under this Act, and whether with or without modifications, of any functions under or by virtue of this Act which will become exercisable on or after that date by or in relation to other bodies or persons, and for defraying any costs incurred in connection with any such exercise;

(d) for requiring any body or person by whom any powers are exercisable before a date specified by or under this Act to refrain from exercising those powers on or after that date or to refrain from exercising them as respects a period beginning on or after that date.

407 Appointments by the Secretary of State

(1) Any functions under or by virtue of this Act which will become exercisable by a person or body other than the Secretary of State may, before they become so exercisable, be exercised by the Secretary of State for the purpose of appointing such persons as he considers necessary to secure that any provision made by or under this Act operates satisfactorily when it comes into force.

(2) The Secretary of State may defray any costs which are incurred in the exercise of the functions mentioned in subsection (1) above.

(3) In exercising the functions mentioned in subsection (1) above, the Secretary of State may appoint a person on such terms and conditions (including conditions as to remuneration) as the Secretary of State thinks fit.

(4) Any such terms and conditions may include provision to the effect that the person concerned--

(a) is, or is not, to be or become a member of a particular pension scheme, or

(b) is, or is not, to be treated as employed in the civil service of the State.

Transfers

408 Transfers of property, rights or liabilities

(1) A Minister of the Crown may by order make provision for or in connection with the transfer to any body or person falling within subsection (2) below of such property, rights or liabilities of a body or person falling within subsection (3) below as he may consider appropriate.

(2) The bodies and persons falling within this subsection are--

(a) the Authority;

(b) any functional body;

(d) London Regional Transport or any subsidiary of London Regional Transport;

(e) any local authority or the Common Council;

(f) any police authority established under section 3 of the [1996 c. 16.] Police Act 1996;

(g) the London Transport Users' Committee;

(h) any Minister of the Crown or government department;

(i) any body or person, or the holder of any office, established by or under this Act and not falling within the preceding paragraphs of this subsection.

(3) The bodies and persons falling within this subsection are--

(a) any Minister of the Crown or government department;

(b) any London borough council or the Common Council;

(d) any company all the shares in which are held by a Minister of the Crown;

(e) the Receiver for the Metropolitan Police District;

(f) the Commissioner of Police of the Metropolis;

(g) the Development Commission;

(h) the Urban Regeneration Agency;

(i) the Commission for the New Towns;

(j) any body or person, or the holder of any office, for whose abolition or dissolution provision is made by or under this Act and which does not fall within the preceding paragraphs of this subsection.

(4) The power conferred by subsection (1) above is exercisable--

(a) for the general purposes, or any particular purposes, of this Act;

(b) in consequence of, or otherwise in connection with, any provision made by or under this Act;

(d) in consequence of such of the provisions of any other Act passed--

(i) before the relevant day, within the meaning of section 405 above, or

(ii) in the Session in which that day falls,

as apply to any area, or any body or person, affected by this Act.

(5) The power conferred by subsection (1) above is also exercisable in relation to a transfer of property, rights or liabilities to the London Development Agency for any purpose for which such a transfer may be made by a scheme under the [1998 c. 45.] Regional Development Agencies Act 1998.

(6) To the extent that an order under subsection (1) above makes provision for or in connection with the transfer of property, rights or liabilities to the London Development Agency from--

(a) the Urban Regeneration Agency, or

(b) the Commission for the New Towns,

section 38 of the [1998 c. 45.] Regional Development Agencies Act 1998 (relief from Corporation Tax) shall apply in relation to the order as if it were a transfer scheme within the meaning of that section.

(7) An order under subsection (1) above may make provision for or in connection with--

(a) the grant or creation of an estate or interest in, or right over, any land or other property,

(b) the grant or creation of any other rights, or

in favour of, or on, any body or person falling within subsection (2) above or any body or person falling within subsection (3) above.

(8) An order under subsection (1) above may make provision for transfers to take effect at such time of day as may be specified in the order.

409 Transfer schemes

(1) A Minister of the Crown may make schemes for the transfer from the Crown to one or more bodies or persons falling within subsection (2) of section 408 above of such property, rights or liabilities as he may consider appropriate.

(2) A Minister of the Crown may by directions require a body or person falling within subsection (3) of section 408 above to make one or more schemes for the transfer to a body or person falling within subsection (2) of that section of such property, rights or liabilities as he may consider appropriate.

(3) The powers conferred by subsection (1) or (2) above are exercisable--

(a) for the general purposes, or any particular purposes, of this Act;

(b) in consequence of, or otherwise in connection with, any provision made by or under this Act;

(d) in consequence of such of the provisions of any other Act passed--

(i) before the relevant day, within the meaning of section 405 above, or

(ii) in the Session in which that day falls,

as apply to any area, or any body or person, affected by this Act.

(4) The powers conferred by subsection (1) or (2) above are also exercisable in relation to a transfer of property, rights or liabilities to the London Development Agency for any purpose for which such a transfer may be made by a scheme under the [1998 c. 45.] Regional Development Agencies Act 1998.

(5) To the extent that a scheme under subsection (1) or (2) above makes provision for or in connection with the transfer of property, rights or liabilities to the London Development Agency from--

(a) the Urban Regeneration Agency, or

(b) the Commission for the New Towns,

section 38 of the [1998 c. 45.] Regional Development Agencies Act 1998 (relief from Corporation Tax) shall apply in relation to the scheme as if it were a transfer scheme within the meaning of that section.

(6) A scheme under subsection (1) or (2) above may make any provision that may be made by order under subsection (1) of section 408 above.

(7) A scheme under subsection (1) or (2) above may make any provision that may be made by order under subsection (1) of section 411 below.

(8) Accordingly, the bodies or persons in relation to which provision may be made by virtue of subsection (7) above are not restricted to those falling within subsection (2) or (3) of section 408 above.

(9) Schedule 31 to this Act (which makes provision in relation to schemes under this section) shall have effect.

410 Contracts of employment etc

(1) The provision that may be made by transfer instrument includes provision for or in connection with the transfer of--

(a) rights and liabilities under contracts of employment; or

(b) members of police forces and other persons in relation to whom paragraph (a) above does not apply.

(2) Subsections (3) to (5) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.

(3) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.

(4) For the purposes of Part XI of the [1996 c. 18.] Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.

(5) For the purposes of that Act, the employee's period of employment with the transferor shall count as a period of employment with the transferee, and the change of employment shall not break the continuity of the period of employment.

(6) In this section--

(a) any reference to anything made or done by or in relation to the transferor includes a reference to anything which is treated by virtue of any enactment as having been made or done by or in relation to the transferor; and

(b) any reference to an employee's period of employment with the transferor shall be construed accordingly.

(7) In the application of this section to a person employed in the civil service of the State--

(a) any reference to employment includes a reference to employment in that service;

(b) any reference to a contract of employment includes a reference to the terms of that employment; and

(8) Where a transfer instrument makes provision for or in connection with a transfer falling within subsection (1)(b) above, the provision that may be made includes provision for or in connection with applying subsections (3) to (7) above (with or without modifications) in relation to or otherwise in connection with the transfer.

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