Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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(5) A statutory instrument containing regulations under--

(a) paragraph 16(2) of Schedule 23 to this Act, or

(b) paragraph 4 or 22(2) of Schedule 24 to this Act,

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.

(6) A statutory instrument--

(a) which contains (whether alone or with other provisions)--

(i) regulations under any provision of this Act specified in subsection (7) below, or

(ii) an order under any provision of this Act specified in subsection (8) below, 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,

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

(7) The provisions mentioned in subsection (6)(a)(i) above are--

any provision contained in Chapters I to IV or VI of Part III of this Act;
any provision of Part VIII of this Act;
section 396(2);
paragraph 10 of Schedule 17;
Schedule 23, other than provisions specified in subsection (5) above;
Schedule 24, other than provisions specified in subsection (5) above.

(8) The provisions mentioned in subsection (6)(a)(ii) above are--

section 3(1) or (4);
section 25;
section 63;
section 157;
section 158(4);
section 163;
section 207;
section 235(4);
section 326(1);
section 395(3);
section 405;
section 406;
section 408;
section 411;
section 412;
section 413;
paragraph 7(3) of Schedule 12;
paragraph 9(1)(b) of Schedule 17;
paragraph 1 of Schedule 28.

(9) For the purposes of this section, the subordinate legislation which is "subject to affirmative parliamentary procedure" is any subordinate legislation contained in an instrument which was subject--

(a) to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, or

(b) to a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons,

or which was not subject to such a requirement by reason only that it re-enacted subordinate legislation (with or without modification).

421 Directions

(1) Any direction given under this Act shall be in writing.

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

422 Financial provisions

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.

423 Repeals

The enactments mentioned in Schedule 34 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

424 Interpretation

(1) In this Act, unless the context otherwise requires,--

"advisory committee" and "advisory sub-committee", in relation to the Assembly, shall be construed in accordance with section 55(4) and (5) above;
"the Assembly" means the London Assembly;
"Assembly member" means a member of the Assembly;
"the Authority" means the Greater London Authority;
"certify" means certify in writing; and related expressions shall be construed accordingly;
"the Common Council" means the Common Council of the City of London;
"company" means any body corporate;
"constituency member" shall be construed in accordance with section 2(2)(a) above;
"financial year" means a period of twelve months ending with 31st March;
"the Fire etc Authority" has the meaning given by section 328(2);
"functional body" means--
(a)
Transport for London;
(b)
the London Development Agency;
(c)
the Metropolitan Police Authority; or
(d)
the London Fire and Emergency Planning Authority;
"GLA road" has the same meaning as in the [1980 c. 66.] Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);
"GLA side road" has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act);
"guidance" means guidance in writing;
"local authority" has the same meaning as in the [1972 c. 70.] Local Government Act 1972;
"London member" shall be construed in accordance with section 2(2)(b) above;
"Mayor" means Mayor of London;
"member of staff", in relation to the Authority, means a person appointed under section 67(1) or (2) above;
"Minister of the [1975 c. 26.] Crown" has the same meaning as in the Ministers of the Crown Act 1975;
"national policies" means any policies of Her Majesty's government which are available in a written form and which--
(a)
have been laid or announced before, or otherwise presented to, either House of Parliament; or
(b)
have been published by a Minister of the Crown;
"notice" means notice in writing;
"notify" means notify in writing;
"ordinary committee" and "ordinary sub-committee", in relation to the Assembly, shall be construed in accordance with section 55(1) above;
"ordinary election" shall be construed in accordance with section 2(7) above;
"principal council" has the same meaning as in the [1972 c. 70.] Local Government Act 1972;
"principal purposes", in relation to the Authority, shall be construed in accordance with section 30(2) above;
"proper officer" shall be construed in accordance with subsection (2) below;
"standing orders", in relation to the Authority, shall be construed in accordance with subsection (3) below;
"statutory functions" means functions conferred or imposed by or under any enactment;
"subordinate legislation" has the same meaning as in the [1978 c. 30.] Interpretation Act 1978 (see section 21(1) of that Act);
"subsidiary" has the meaning given to it by section 736 of the [1985 c. 6.] Companies Act 1985;
"transport subsidiary's agreement" has the meaning given by section 169 above.

(2) In this Act, and in any enactment applied by this Act, any reference to a proper officer and any reference which by virtue of this Act is to be construed as such a reference, shall in relation to the Authority or a functional body and any purpose or area be construed as a reference to an officer appointed by the Authority or body for that purpose or area.

(3) In this Act, or any other enactment which has effect in relation to the Authority, any reference to standing orders shall, in its application in relation to the Authority, have effect as a reference to standing orders of the Authority made under and in accordance with section 36 above.

(4) Any power conferred by this Act to affect enactments by subordinate legislation is exercisable notwithstanding that those enactments consist of or include--

(a) provisions contained in Part III above;

(b) provisions relating to the subject matter of that Part; or

(5) In subsection (4) above "affect", in relation to any enactment, includes make--

(a) incidental, consequential, transitional, supplemental or supplementary provision or savings; or

(b) amendments, modifications or adaptations.

425 Short title, commencement and extent

(1) This Act may be cited as the Greater London Authority Act 1999.

(2) Apart from this section, section 420 above and any power of a Minister of the Crown to make regulations or an order (which accordingly come into force on the day on which this Act is passed) the provisions of this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

(3) Sections 220 to 224 above and Schedules 14 and 15 to this Act shall not come into force until London Underground Limited has become a subsidiary of Transport for London.

(4) Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.

(5) Any such order may include such adaptations of--

(a) the provisions which it brings into force, or

(b) any other provisions of this Act then in force,

as appear to the Secretary of State to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.

(6) Subsections (4) and (5) above are without prejudice to section 420 above.

(7) Subject to subsection (8) below, this Act does not extend to Northern Ireland.

(8) Any amendment or repeal made by this Act shall have the same extent as the enactment to which it relates.

SCHEDULES

Section 2.

SCHEDULE 1 Assembly constituencies and orders under section 2(4)

Part I Assembly constituencies

Changes to Assembly constituencies

1 (1) This paragraph applies where, as a result of--

(a) a review under section 13(1) of the [1992 c. 19.] Local Government Act 1992 ("the 1992 Act"), or

(b) a further review under section 15(6) of that Act,

the Local Government Commission for England ("the Commission") recommends to the Secretary of State, at a time when an order under section 2(4) of this Act has effect, that he should make one or more boundary changes falling within sub-paragraph (2) below.

(2) The boundary changes mentioned in sub-paragraph (1) above are boundary changes--

(a) falling within section 14(3)(a) of the 1992 Act (alteration of a local government area) and affecting any London borough;

(b) falling within section 14(3)(d) of that Act (constitution of a new London borough); or

(3) Where this paragraph applies, the Commission shall submit to the Secretary of State the report or reports required under sub-paragraph (4), (5) or (6) below (as read with sub-paragraph (7) below).

(4) If the Commission is of the opinion that, in consequence of the boundary changes mentioned in sub-paragraph (1) above, changes are required to Assembly constituencies in order to comply with the rules set out in paragraph 7 below, the report required is one which recommends to the Secretary of State the changes which in the opinion of the Commission should be made to Assembly constituencies to comply with those rules.

(5) If the Commission is not of the opinion mentioned in sub-paragraph (4) above, the report required is one which states that fact.

(6) If the Commission is of the opinion that a comprehensive review of Assembly constituencies is required in consequence of the boundary changes mentioned in sub-paragraph (1) above, the report required is one which recommends to the Secretary of State that such a review be carried out.

(7) Where a report is required under sub-paragraph (6) above, no report is required under sub-paragraph (4) or (5) above unless the Commission is of the opinion that a report under sub-paragraph (4) above ought to be submitted for the purposes of the next ordinary election, in which case the Commission shall submit such a report in addition to the report required by sub-paragraph (6) above.

Comprehensive review of Assembly constituencies

2 (1) If the Secretary of State at any time so directs, the Commission shall carry out a comprehensive review of Assembly constituencies and submit to the Secretary of State a report--

(a) showing the areas into which it recommends Greater London should be divided to form the Assembly constituencies; and

(b) stating the name by which it recommends that each Assembly constituency should be known.

(2) No recommendations shall be made by the Commission in a report under sub-paragraph (1) above unless the recommendations comply with the rules set out in paragraph 7 below.

Preparation and submission of report

3 (1) A direction to submit a report under paragraph 2(1) above shall specify the timetable in accordance with which the report is to be prepared, submitted and available for inspection under this Schedule ("the timetable").

(2) As soon as reasonably practicable after being directed to submit a report under paragraph 2(1) above, the Commission shall take such steps as it considers sufficient to secure that persons who may be interested in the subject-matter of the report are informed of--

(a) the direction requiring the report to be submitted, including, in particular, the period specified in the timetable within which representations with respect to the subject-matter of the report may be made to the Commission; and

(b) any direction under paragraph 5 below.

(3) Before submitting its report, the Commission shall--

(a) take into consideration any representations made to it within the period mentioned in sub-paragraph (2)(a) above;

(b) prepare a draft report and take such steps as it considers sufficient to secure that persons who may be interested in the report are informed of it and of the period specified in the timetable within which representations with respect to it may be made;

(i) the Authority;

(ii) each London borough council; and

(iii) the Common Council; and

(d) take into consideration representations made to the Commission within the period mentioned in paragraph (b) above.

(4) As soon as the Commission is in a position to submit its report to the Secretary of State (and in any event not later than the date specified in the timetable for submission of the report), it shall--

(a) submit the report to him;

(b) take such steps as it considers sufficient to secure that persons who may be interested in the report are informed of it and of the period specified in the timetable within which it may be inspected; and

(i) each London borough council; and

(ii) the Common Council.

(5) Copies of the draft report deposited under sub-paragraph (3)(c) above, and of the report deposited under sub-paragraph (4)(c) above, shall be kept available for inspection at the offices concerned in accordance with the timetable.

Further report

4 (1) Where a report is submitted to the Secretary of State in accordance with a direction under paragraph 2(1) above, he may, if he thinks fit, direct the Commission--

(a) to review such of the recommendations made in the report as may be specified in the direction; and

(b) to submit a further report making revised recommendations as respects--

(i) the areas into which Greater London should be divided to form the Assembly constituencies; and

(ii) the name by which each Assembly constituency should be known.

(2) Paragraph 3 above shall apply in relation to any further report with such modifications as may be specified in the direction under sub-paragraph (1) above.

(3) No recommendations shall be made by the Commission in a further report unless the recommendations comply with the rules set out in paragraph 7 below.

Directions

5 The Secretary of State may give directions as to the exercise by the Commission of any of its functions under this Schedule; and, in particular, the directions may--

(a) specify matters which the Commission must take into account in preparing a report; and

(b) require the Commission to have regard to any guidance given by the Secretary of State as respects matters to be taken into account in preparing a report.

Payments by Secretary of State to Commission

6 The Secretary of State may pay to the Commission such amount as he may determine to be the amount required by the Commission for carrying out its functions under this Schedule.

The rules about Assembly constituencies

7 (1) The rules referred to in paragraphs 1(4), 2(2) and 4(3) above are--

1. There shall be fourteen Assembly constituencies.
2. Each Assembly constituency shall consist of two or more entire London boroughs.
3. A part of the boundary of each London borough contained within an Assembly constituency shall adjoin a part of the boundary of at least one other London borough contained within that constituency.
4. No London borough shall be included in more than one Assembly constituency.
5. The electorate for an Assembly constituency shall be as near the electorate for each other Assembly constituency as is reasonably practicable.

(2) For the purposes of the rules in sub-paragraph (1) above--

(a) any reference to a London borough includes a reference to the City of London, which for this purpose shall be taken to include the Inner Temple and the Middle Temple; and

(b) a part of a boundary which would, except for the river Thames or a tributary of the river Thames, adjoin a part of another boundary is deemed to adjoin that part of that other boundary.

Part II Orders under section 2(4)

8 (1) An order under section 2(4) of this Act may give effect, with or without modifications, to all or any of the recommendations contained in a report submitted by the Commission under--

(a) section 7 of the [1998 c. 3.] Greater London Authority (Referendum) Act 1998 (report of recommendations about electoral areas etc);

(b) section 9 of that Act (further report of recommendations about electoral areas etc);

(d) paragraph 2(1) above; or

(e) paragraph 4(1)(b) above.

(2) No order giving effect to recommendations made in a report under paragraph 2(1) above or a further report under paragraph 4(1)(b) above shall be made before the end of the period of six weeks beginning with the submission of the report.

(3) Before making an order falling within sub-paragraph (2) above, the Secretary of State may by a direction require the Commission to supply him with such additional information as may be described in the direction.

(4) In sub-paragraph (1) above, "modifications" includes additions, alterations and omissions.

9 (1) Where the Secretary of State is satisfied that--

(a) a mistake has occurred in the preparation of an order under section 2(4) of this Act, and

(b) the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the [1978 c. 30.] Interpretation Act 1978 (implied power to amend),

he may by order under this sub-paragraph make such provision as he thinks necessary or expedient for rectifying the mistake.

(2) In this paragraph "mistake", in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information.

Section 4.

SCHEDULE 2 Voting at elections

Part I Election of the Mayor

Application

1 This Part of this Schedule applies where there are three or more candidates to be the Mayor.

First preference vote and second preference vote

2 In this Schedule--

"first preference vote" means a mayoral vote to the extent that it is given so as to indicate a voter's first preference from among the candidates to be the Mayor;
"second preference vote" means a mayoral vote to the extent that it is given so as to indicate a voter's second preference from among the candidates to be the Mayor.

Candidate with overall majority of first preference votes

3 If one of the candidates to be the Mayor receives more than half of all the first preference votes given in the Assembly constituencies that candidate shall be returned as the Mayor.

No candidate with overall majority of first preference votes

4 (1) If none of the candidates to be the Mayor receives more than half of all the first preference votes given in the Assembly constituencies, the following provisions of this paragraph shall have effect.

(2) The two candidates who received the greatest number of first preference votes given in the Assembly constituencies remain in the contest.

(3) If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2) above, all of them remain in the contest.

(4) The other candidates are eliminated from the contest.

(5) The number of second preference votes given in the Assembly constituencies for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates shall be ascertained.

(6) That number shall be added to the number of first preference votes given for that candidate, to give his total number of preference votes.

(7) The person who is to be returned as the Mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(8) If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the Greater London returning officer shall decide by lots which of them is to be returned as the Mayor.

Part II Return of London members

Party lists and individual candidates

5 (1) Any registered political party may submit a list of candidates to be London members.

(2) The list is to be submitted to the Greater London returning officer.

(3) The list has effect in relation to--

(a) the ordinary election; and

(b) any vacancies among the London members which occur after that election and before the next ordinary election.

(4) The list must not include more than twenty five persons (but may include only one).

(5) The list must not include a person--

(a) who is a candidate to be a constituency member but who is not a candidate of that party;

(b) who is included on any other list submitted for the election of London members; or

(6) A person may not be an individual candidate to be a London member if--

(a) he is included on a list submitted by a registered political party for the election of London members; or

(b) he is a candidate of any registered political party to be the Mayor or a constituency member.

Calculation of the London figure

6 (1) For each registered political party by which a list of candidates has been submitted for the election of London members--

(a) there shall be added together the number of London votes given for the party in the Assembly constituencies; and

(b) the number arrived at under paragraph (a) above shall then be divided by the aggregate of one and the number of candidates of the party returned as constituency members.

(2) For each individual candidate to be a London member there shall be added together the number of London votes given for that candidate in the Assembly constituencies.

(3) The number arrived at--

(a) in the case of a registered political party, under sub-paragraph (1)(b) above, or

(b) in the case of an individual candidate, under sub-paragraph (2) above,

is referred to in this Schedule as "the London figure" for that party or individual candidate.

(4) If a person who is a candidate of a registered political party in an Assembly constituency--

(a) is returned as the Assembly member for the constituency, and

(b) is also returned as the Mayor,

that person counts for the purposes of sub-paragraph (1)(b) above as a candidate of the party returned as a constituency member, notwithstanding that a vacancy arises in the Assembly constituency by virtue of subsection (10) of section 4 of this Act.

No seats for party etc not polling prescribed percentage of total vote

7 (1) If the number arrived at under--

(a) paragraph 6(1)(a) above, in the case of a registered political party, or

(b) paragraph 6(2) above, in the case of an individual candidate,

is not more than 5 per cent of the total number of London votes polled by all the registered political parties and all the individual candidates at the election, none of the seats for London members shall be allocated to that party or individual candidate.

(2) That party or candidate shall accordingly be left out of account in applying paragraph 8 below.

Return of members

8 (1) The first of the seats for London members shall be allocated to the party or individual candidate with the highest London figure.

(2) The second and subsequent seats for London members shall be allocated to the party or individual candidate with the highest London figure after any recalculation required by sub-paragraph (3) below has been carried out.

(3) This sub-paragraph requires a recalculation under paragraph 6(1)(b) above in relation to a party--

(a) for the first application of sub-paragraph (2) above, if the application of sub-paragraph (1) above resulted in the allocation of a seat to the party, or

(b) for any subsequent application of sub-paragraph (2) above, if the previous application of that sub-paragraph did so;

and a recalculation shall be carried out after adding one to the aggregate mentioned in paragraph 6(1)(b) above.

(4) An individual candidate already returned as the Mayor or as an Assembly member shall be disregarded.

(5) Seats for London members which are allocated to a party shall be filled by the persons on the party's list in the order in which they appear on the list.

(6) Once a party's list has been exhausted (by the return of persons included on it as constituency members or by the previous application of sub-paragraph (1) or (2) above) the party shall be disregarded.

(7) If (on the application of sub-paragraph (1) above or any application of sub-paragraph (2) above) the highest London figure is the London figure of two or more parties or individual candidates, the sub-paragraph shall apply to each of them.

(8) However, where sub-paragraph (7) above would mean that more than the full number of seats for London members was allocated, sub-paragraph (1) or (2) above shall not apply until--

(a) a recalculation has been carried out under paragraph 6(1)(b) above after adding one to the number of votes given for each party with that London figure, and

(b) one has been added to the number of votes given for each individual candidate with that London figure.

(9) If, after that, the highest London figure is still the London figure of two or more parties or individual candidates, the Greater London returning officer shall decide between them by lots.

(10) For the purposes of sub-paragraph (5) above and section 11 of this Act, a person included on a list submitted by a registered political party who is returned as the Mayor or as an Assembly member shall be treated as ceasing to be on the list (even if his return is void).

Section 17.

SCHEDULE 3 Amendments of the Representation of the People Acts

Preliminary

1 The Representation of the [1983 c. 2.] People Act 1983 shall be amended as follows.

Polling districts and stations

2 (1) Section 31 shall be amended as follows.

(2) After subsection (1A) there shall be inserted--

" (1B) For any Authority elections, a London borough council or the Common Council may divide their area into polling districts and may alter any polling district.

For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City. "

Returning officers for Greater London and for Assembly constituencies

3 (1) Section 35 shall be amended as follows.

(2) Before subsection (3) there shall be inserted--

" (2A) Subsections (2B) and (2C) below have effect in relation to the Greater London Authority.

(2B) The returning officer at an election of a constituency member of the London Assembly shall be such a person, or a person of such a description, as may be designated by the Secretary of State in an order made by statutory instrument.

(2C) The returning officer--

(a) at any election of the Mayor of London,

(b) at the election of the London members of the London Assembly at an ordinary election, and

(c) for the purposes of section 11 of the 1999 Act (return of London members of the London Assembly otherwise than at an election),

shall be the proper officer of the Greater London Authority. "

(3) After subsection (5) there shall be inserted--

" (6) The council for any London borough shall place the services of its officers at the disposal of any person acting as the returning officer at an Authority election for an electoral area situated wholly or partly in the borough. "

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