Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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(2) Where this paragraph applies, the Mayor shall as soon as practicable publish a document containing the substitute calculations.

(3) In this paragraph "relevant document" means any document required to be published under sub-paragraph (2) above.

(4) A copy of each relevant document shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(5) A copy of any relevant document, or any part of a relevant document, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(6) In this paragraph "the appropriate period" in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.

Section 133.

SCHEDULE 8 Amendments of the Audit Commission Act 1998

Preliminary

1 The [1998 c. 18.] Audit Commission Act 1998 shall be amended as follows.

Transmission and consideration of section 8 reports

2 (1) Section 10 shall be amended as follows.

(2) In subsection (2) (persons to whom copies of reports are to be sent) after "the Secretary of State" there shall be inserted "and (in the case of a functional body or the London Pensions Fund Authority) to the Mayor of London".

(3) In subsection (3) (body concerned to take report into consideration in accordance with sections 11 and 12)--

(a) after "body concerned" there shall be inserted "(and, in the case of the Greater London Authority, the London Assembly)"; and

(b) in paragraph (a), after "in accordance with sections 11" there shall be inserted ", 11A".

(4) After subsection (4) (agenda for meeting of the body to be accompanied by the report) there shall be inserted--

" (4A) In the case of a report relating to the Greater London Authority, subsection (4) shall apply in relation to the meeting of the London Assembly under section 11A(3) (taking the reference to the body as a reference to that Assembly). "

Consideration of reports or recommendations

3 (1) Section 11 shall be amended as follows.

(2) In subsection (1), after "section 12" there shall be inserted "(and, in the case of a report or recommendations sent to the Greater London Authority, section 11A)".

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

" (2A) Where a written recommendation within subsection (3) is sent to a functional body or the London Pensions Fund Authority, a copy shall be sent at the same time to the Mayor of London. "

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

" (3A) In relation to the Greater London Authority, subsections (4) to (7) shall not apply (but section 11A has effect in place of them). "

(5) After subsection (7) there shall be inserted--

" (7A) In the case of each of the following bodies, namely--

(a) Transport for London,

(b) the London Development Agency,

Part VA of the 1972 Act (access to meetings etc) shall have effect in relation to the meeting as if that body were a principal council, but subject to the provisions of sections 10(5) and (6) and 12(3). "

(6) After subsection (8) (which prevents delegation under section 101 of the [1972 c. 70.] Local Government Act 1972) there shall be inserted--

" (8A) In the case of the London Development Agency or Transport for London, neither--

(a) paragraph 7 of Schedule 2 to the [1998 c. 45.] Regional Development Agencies Act 1998 (delegation by London Development Agency etc), nor

(b) paragraph 7 of Schedule 10 to the Greater London Authority Act 1999 (delegation by Transport for London),

shall apply to a duty imposed on either of those bodies by this section. "

4. After section 11 there shall be inserted--

" 11A Greater London Authority: consideration of reports and recommendations

(1) This section applies where--

(a) a report under section 8, or

(b) any written recommendation within subsection (3) of section 11,

is sent to the Greater London Authority in connection with the audit of its accounts.

(2) The Mayor shall consider the report or recommendation preparatory to making the decisions under subsection (6).

(3) The Assembly shall consider the report or recommendation at a meeting.

(4) At that meeting the Assembly shall decide what recommendations to make to the Mayor as to the decisions to be made under subsection (6).

(5) The Mayor must attend the meeting.

(6) After the meeting, the Mayor shall decide--

(a) whether the report requires the Authority to take any action or whether the recommendation is to be accepted; and

(b) what (if any) action to take in response to the report or recommendation.

(7) In making any decision under subsection (6), the Mayor shall take account of any recommendations made by the Assembly pursuant to subsection (4).

(8) The duties imposed on the Mayor and Assembly by subsections (2) to (6) must be performed before the end of the period of four months beginning with the day on which the report or recommendation was sent to the Authority.

(9) If an auditor is satisfied that it is reasonable to allow more time for the performance of those duties in relation to a report or recommendation, he may, in relation to that report or recommendation, extend the period of four months mentioned in subsection (8).

(10) A period may be extended under subsection (9) whether or not it has already been extended under that subsection once or more than once.

(11) Any functions of the Mayor under this section must be exercised by the Mayor personally.

(12) Section 54 of the Greater London Authority Act 1999 (discharge of Assembly functions by committees etc) shall not apply in relation to any function of the Assembly under this section.

(13) Subsection (9) of section 11 applies in relation to this section as it applies in relation to that section.

(14) In this section--
- "the Assembly" means the London Assembly;
- "the Authority" means the Greater London Authority;
- "the Mayor" means the Mayor of London. "

Publicity for meetings

5 (1) Section 12 shall be amended as follows.

(2) In subsection (1) (meetings for the purposes of section 11) after "section 11" there shall be inserted "or 11A".

(3) In subsection (2) (duty to notify auditor of decisions under section 11(5) etc)--

(a) after "as soon as practicable after the meeting" there shall be inserted " (or, in the case of the Greater London Authority, the making of the decisions under section 11A(6)) " ; and

(b) in paragraph (a), after "section 11(5)" there shall be inserted "or 11A(6)".

Declaration that item of account is unlawful

6 (1) Section 17 shall be amended as follows.

(2) In subsection (7) (which defines "local authority" as including the bodies there mentioned)--

(a) before paragraph (a) there shall be inserted--

" (aa) the Greater London Authority; " ; and

(b) after paragraph (e) there shall be inserted--

" (ee) the Metropolitan Police Authority; " .

(3) After subsection (7) there shall be inserted--

" (8) For the purposes of this section the members of the Greater London Authority are the Mayor of London and the members of the London Assembly. "

Recovery of amount not accounted for etc.

7 (1) Section 18 shall be amended as follows.

(2) In subsection (12) (which applies subsections (6) and (7) of section 17) for "(6) and (7)" there shall be substituted "(6) to (8)".

Documents relating to police authorities etc

8 (1) Section 32 shall be amended as follows.

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

" (3) Any reference in this section to a police authority established under section 3 of the [1996 c. 16.] Police Act 1996 includes a reference to the Metropolitan Police Authority. "

Studies of Authority by Commission at request of Mayor

9 In section 35 (studies at request of bodies subject to audit) after subsection (2) there shall be inserted--

" (2A) Before exercising the power of the Greater London Authority to make a request under subsection (1) above, the Mayor of London shall consult the London Assembly. "

Studies of functional bodies by Commission at request of Mayor

10 After section 35 (studies by Commission at request of body subject to audit) there shall be inserted--

" 35A Studies for functional bodies at request of Greater London Authority

(1) The Commission may, at the request of the Mayor of London, promote or undertake studies designed to improve economy, efficiency and effectiveness in the management or operation of any functional body or the London Pensions Fund Authority.

(2) Before making a request under subsection (1), the Mayor of London shall consult--

(a) the body concerned;

(b) the London Assembly; and

(3) The Commission shall charge the Greater London Authority such fees for services provided under this section as will cover the full cost of providing them.

(4) This section is without prejudice to the power of a functional body or the London Pensions Fund Authority to make a request under section 35(1). "

Restriction on disclosure of information: exceptions

11 (1) Section 49 shall be amended as follows.

(2) In subsection (1) (prohibition on disclosure of information except as provided in the paragraphs of that subsection) after paragraph (d) there shall be inserted--

" (dd) to the Mayor of London, where the information relates to the Greater London Authority or a functional body; " .

Interpretation and exercise of Authority functions by Mayor etc.

12 (1) Section 53 shall be amended as follows.

(2) In subsection (1), the following definition shall be inserted at the appropriate place--

" "functional body" means a functional body within the meaning of the Greater London Authority Act 1999 (see section 424(1) of that Act); " .

(3) After subsection (4) there shall be inserted--

" (5) Any functions conferred or imposed on the Greater London Authority under or by virtue of this Act shall be functions which are exercisable by the Mayor of London acting on behalf of the Authority.

(6) Subsection (5) does not apply in relation to any function expressly conferred on the London Assembly. "

Section 136.

SCHEDULE 9 Amendments to Local Government Finance Act 1992

Introduction

1 Chapter IVA of Part I of the [1992 c. 14.] Local Government Finance Act 1992 (which relates to limitation of council tax and precepts and which was inserted by Schedule 1 to the [1999 c. 27.] Local Government Act 1999) shall be amended as follows.

Challenge of maximum amount after designation for year under consideration

2 (1) Section 52F shall be amended as follows.

(2) In subsection (6)(a) for "70 and 71" there shall be substituted "85 and 86".

(3) In subsection (6)(b) for "80" there shall be substituted "95".

Duty of designated precepting authority

3 (1) Section 52J shall be amended as follows.

(2) In subsection (1)(a) for "70, 71 and 73 to 75 of and Schedule 6" there shall be substituted "85, 86 and 88 to 90 of and Schedule 7".

(3) In subsection (3)--

(a) in paragraph (a) for "73(2)" there shall be substituted "88(2)", and

(b) in paragraph (b) for "74(3)" there shall be substituted "89(3)".

(4) In subsection (6)--

(a) for "73(2)" (in both places where it occurs) there shall be substituted "88(2)",

(b) for "74(3)" there shall be substituted "89(3)", and

(5) In subsection (8)--

(a) in paragraph (a) for "73(2)" there shall be substituted "88(2)", and

(b) in paragraph (b) for "74(4)" there shall be substituted "89(4)".

(6) In subsection (9)--

(a) for "73 and 74" there shall be substituted "88 and 89", and

(b) for "74(2)" there shall be substituted "89(2)".

(7) In subsection (10)(b)--

(a) for "73(3)(b)" there shall be substituted "88(3)(b)", and

(b) for "74(5)(b)" there shall be substituted "89(5)(b)".

Challenge of maximum amount after designation under section 52M or 52P

4 (1) Section 52Q shall be amended as follows.

(2) In subsection (5)(a) for "70 and 71" there shall be substituted "85 and 86".

(3) In subsection (5)(b) for "80" there shall be substituted "95".

Duty of designated precepting authority

5 (1) Section 52U shall be amended as follows.

(2) In subsections (2)(a) and (3)(a) for "70 to 75" there shall be substituted "85 to 90".

(3) In subsection (3)(b) for "70, 71 and 73 to 75 of and Schedule 6" there shall be substituted "85, 86 and 88 to 90 of and Schedule 7".

(4) In subsection (6)--

(a) in paragraph (a) for "73(2)" there shall be substituted "88(2)", and

(b) in paragraph (b) for "74(3)" there shall be substituted "89(3)".

(5) In subsection (9)--

(a) for "73(2)" (in both places where it occurs) there shall be substituted "88(2)",

(b) for "74(3)" there shall be substituted "89(3)", and

(6) In subsection (11)--

(a) for "73(2)" there shall be substituted "88(2)", and

(b) for "74(4)" there shall be substituted "89(4)".

(7) In subsection (12)--

(a) for "73 and 74" there shall be substituted "88 and 89", and

(b) for "74(2)" there shall be substituted "89(2)".

(8) In subsection (13)(b)--

(a) for "73(3)(b)" there shall be substituted "88(3)(b)", and

(b) for "74(5)(b)" there shall be substituted "89(5)(b)".

Meaning of budget requirement

6 In section 52W(2) for "70(8)" there shall be substituted "85(8)".

Section 154.

SCHEDULE 10 Transport for London

Status and capacity

1 (1) Transport for London shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The members and staff of Transport for London shall not be regarded as civil servants and the property of Transport for London shall not be regarded as property of, or held on behalf of, the Crown.

(3) It shall be within the capacity of Transport for London to do such things and enter into such transactions as are calculated to facilitate, or are conducive or incidental to, the discharge of any of its functions.

Membership of Transport for London

2 (1) Subject to sub-paragraph (2), Transport for London shall consist of not less than eight nor more than fifteen members, all of whom shall be appointed by the Mayor.

(2) The Mayor may choose to be a member of Transport for London and where he does so he shall appoint not less than seven nor more than fourteen other members under sub-paragraph (1) above.

(3) In appointing a person under sub-paragraph (1) above, the Mayor shall have regard to the desirability of ensuring that the members of Transport for London between them have experience in--

(a) transport (including in particular the impact of transport on business and the environment),

(b) finance and commerce,

(d) the management of organisations, and

(e) the organisation of trade unions, or matters relating to workers generally,

and that the membership of Transport for London represents the interests in relation to transport of women and of persons who require transport which is accessible to persons with mobility problems.

(4) A person may not be appointed to be a member of Transport for London if he is--

(a) an Assembly member,

(b) a Member of the House of Commons,

(d) a Member of the European Parliament,

(e) a member of the National Assembly for Wales,

(f) a member of the Scottish Parliament,

(g) a member of the New Northern Ireland Assembly, or

(h) a member of a principal council.

(5) If, at any time after he is appointed, a member of Transport for London becomes a person within sub-paragraph (4)(a) to (h) above, he shall cease to be such a member.

(6) The terms and conditions of appointment of a member of Transport for London (including conditions as to remuneration) shall be such as the Mayor may determine.

(7) The Mayor may by notice to a member of Transport for London remove that member from office.

Chairman and deputy chairman

3 (1) Subject to sub-paragraph (2), the Mayor shall designate--

(a) one of the members of Transport for London to be chairman of Transport for London, and

(b) another of the members to be deputy chairman of Transport for London.

(2) Where the Mayor is a member of Transport for London, he shall be the chairman.

Staff

4 (1) Transport for London may appoint such staff as it considers necessary for assisting it in the exercise of any of its functions.

(2) The staff of Transport for London shall be appointed on such terms and conditions (including conditions as to remuneration) as Transport for London shall determine.

Proceedings of Transport for London

5 (1) Subject to the provisions of this Schedule, Transport for London may regulate its own procedure and that of committees of Transport for London and sub-committees of such committees (and in particular may specify a quorum for meetings).

(2) The validity of any proceedings of Transport for London shall not be affected--

(a) by any vacancy among the members or in the office of chairman or deputy chairman, or

(b) by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of Transport for London.

Membership of committees and sub-committees

6 (1) A committee of Transport for London or a sub-committee of such a committee may include persons who are not members of Transport for London.

(2) A person who is a member of a committee of Transport for London or a sub-committee of such a committee but is not a member of Transport for London shall be a non-voting member of the committee or sub-committee.

Delegation by Transport for London

7 (1) Subject to any express provision contained in this Act or any Act passed after this Act, Transport for London may arrange for any of its functions to be discharged on its behalf by--

(a) any committee of Transport for London,

(b) any sub-committee of such a committee,

(c) any wholly owned subsidiary (within the meaning of section 736(2) of the [1985 c. 6.] Companies Act 1985) of Transport for London,

(d) any member or officer of Transport for London, or

(e) any body of members or officers, or members and officers, of Transport for London.

(2) Where Transport for London makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by Transport for London.

(3) Arrangements made by Transport for London for the discharge of functions under this paragraph shall not prevent Transport for London from exercising those functions.

Delegation by committees, sub-committees, etc

8 (1) Where Transport for London makes arrangements for the discharge of any function by a committee under paragraph 7 above, the committee may (subject to any conditions imposed by Transport for London) arrange for the discharge of the function on its behalf by--

(a) any sub-committee of the committee,

(b) any member or officer of Transport for London, or

(2) Where--

(a) Transport for London makes arrangements for the discharge of any function by a sub-committee under paragraph 7 above, or

(b) a committee of Transport for London makes arrangements for the discharge of any function by a sub-committee under sub-paragraph (1) above,

the sub-committee may (subject to any conditions imposed by Transport for London or the committee) arrange for the discharge of the function on its behalf by any member or officer of Transport for London, or any body of members or officers, or members and officers, of Transport for London.

(3) Where a committee or sub-committee makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by the committee or sub-committee.

(4) Arrangements made by a committee or sub-committee for the discharge of functions under this paragraph shall not prevent the committee or sub-committee from exercising those functions.

Joint committees with local authorities

9 (1) Transport for London shall be treated as a local authority for the purposes of the following provisions of the [1972 c. 70.] Local Government Act 1972 (arrangements for discharge of functions of a local authority by joint committees with other local authorities)--

(a) section 101(5),

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Greater London Authority Act 1999 (c. 29)

SCHEDULE 8 Amendments of the Audit Commission Act 1998

Preliminary

Transmission and consideration of section 8 reports

Consideration of reports or recommendations

" 11A Greater London Authority: consideration of reports and recommendations

Publicity for meetings

Declaration that item of account is unlawful

Recovery of amount not accounted for etc.

Documents relating to police authorities etc

Studies of Authority by Commission at request of Mayor

Studies of functional bodies by Commission at request of Mayor

" 35A Studies for functional bodies at request of Greater London Authority

Restriction on disclosure of information: exceptions

Interpretation and exercise of Authority functions by Mayor etc.

SCHEDULE 9 Amendments to Local Government Finance Act 1992

Introduction

Challenge of maximum amount after designation for year under consideration

Duty of designated precepting authority

Challenge of maximum amount after designation under section 52M or 52P

Duty of designated precepting authority

Meaning of budget requirement

SCHEDULE 10 Transport for London

Status and capacity

Membership of Transport for London

Chairman and deputy chairman

Staff

Proceedings of Transport for London

Membership of committees and sub-committees

Delegation by Transport for London

Delegation by committees, sub-committees, etc

Joint committees with local authorities