Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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or any agent or sub-contractor of such a person.

(4) No offence under this Schedule or regulations made under it is capable of being committed in relation to parking in the Palace of Westminster.

(5) No right of entry conferred under or by virtue of this Schedule shall be exercisable in relation to the Palace of Westminster.

(6) No penalty charge notice shall be issued in respect of parking in the Palace of Westminster.

(7) In this paragraph--

"member of the House of Commons staff" means any person--
(a)
who was appointed by the House of Commons Commission; or
(b)
who is a member of the Speaker's personal staff;
"member of the House of Lords staff" means any person who is employed under a contract of employment made with the Corporate Officer of the House of Lords.

Crown application

37 (1) Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and licensing schemes made under it shall bind the Crown.

(2) No contravention by the Crown of any provision of this Schedule or of any regulations or licensing scheme made under it shall make the Crown criminally liable; but the High Court may, on the application of a licensing authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and licensing schemes made under it shall apply to persons in the public service of the Crown as they apply to other persons.

(4) No power of entry conferred by this Schedule or regulations made under it shall be exercisable in relation to any premises held or used by or on behalf of the Crown.

(5) Nothing in this paragraph shall be taken as in any way affecting Her Majesty in her private capacity; and this sub-paragraph shall be construed as if section 38(3) of the [1947 c. 44.] Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

Duration of licensing schemes

38 A licensing scheme shall state whether or not it is to remain in force indefinitely and, if it is not to remain in force indefinitely, shall state the period for which it is to remain in force.

Variation and revocation of licensing schemes

39 The power to make a licensing scheme includes power, exercisable in the same manner, and subject to the same conditions and limitations, to vary or revoke such a scheme.

Section 309.

SCHEDULE 25 Further amendments of the Regional Development Agencies Act 1998

Preliminary

1 The [1998 c. 45.] Regional Development Agencies Act 1998 shall be amended as follows.

Powers of the London Development Agency

2 In section 5 (powers of the regional development agencies) after subsection (3) there shall be inserted--

" (4) Subsection (2) has effect in relation to the London Development Agency as if the reference to the Secretary of State were for the purposes of paragraph (c) a reference to the Mayor of London. "

Regional chambers

3 In section 8 (regional consultation by the regional development agencies) after subsection (3) there shall be inserted--

" (4) This section does not apply in relation to the London Development Agency. "

Financial arrangements

4 In section 9 (general financial duties of the regional development agencies) after subsection (4) there shall be inserted--

" (5) This section does not have effect in relation to the London Development Agency. "

Grants

5 (1) Section 10 (government grants to the regional development agencies) shall be amended as follows.

(2) At the beginning there shall be inserted "(1)".

(3) In the subsection (1) so formed, after "agency" there shall be inserted "other than the London Development Agency".

(4) After the subsection (1) so formed there shall be inserted--

" (2) The Secretary of State may, with the approval of the Treasury, make to the Greater London Authority grants of such amounts, and on such terms, as he thinks fit.

(3) Any grant made under subsection (2) shall be made for the purposes of the London Development Agency. "

Borrowing by the Agency

6 (1) Section 11 (borrowing by the regional development agencies) shall be amended as follows.

(2) In subsection (6)(a) (collective borrowing limit), for "£200 million" there shall be substituted "£177.77 million".

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

" (8) This section does not apply in relation to the London Development Agency. "

Guarantees of the Agency's borrowing

7 In section 12 (government guarantees of borrowing by regional development agencies) after subsection (4) there shall be inserted--

" (5) This section does not apply in relation to the London Development Agency. "

Loans to the Agency

8 In section 13 (government loans to the regional development agencies) after subsection (5) there shall be inserted--

" (6) This section does not have effect in relation to the London Development Agency. "

Accounts

9 In section 14 (accounts and records of the regional development agencies) after subsection (6) there shall be inserted--

" (7) This section does not have effect in relation to the London Development Agency. "

Information, reports and accountability

10 In section 16 (provision of information by regional development agencies) after "agency" there shall be inserted "other than the London Development Agency".

Annual reports

11 In section 17 (annual reports of regional development agencies), subsection (4) (meaning of "accounting period") shall be renumbered as subsection (8) and after subsection (3) there shall be inserted--

" (4) Subsections (1) and (2) have effect in relation to the London Development Agency as if the references to the Secretary of State were references to the Mayor of London.

(5) Subsection (3) does not apply to the London Development Agency.

(6) The London Development Agency shall send a copy of a report under this section to the London Assembly.

(7) The Mayor of London shall arrange for publication of any report sent to him under this section. "

Accountability

12 In section 18 (regional accountability of regional development agencies) after subsection (4) there shall be inserted--

" (5) Subsections (2) to (4) have effect in relation to the London Development Agency as if references to the Secretary of State were references to the Mayor of London. "

Acquisition of land

13 In section 20 (acquisition of land by the regional development agencies) after subsection (3) there shall be inserted--

" (3A) The London Development Agency shall not by virtue of subsection (1) or (3) submit to the Secretary of State a compulsory purchase order authorising the acquisition of any land in accordance with section 2(2) of the [1981 c. 67] Acquisition of Land Act 1981 unless the Mayor of London has given his consent. "

Power to alter regions

14 In section 25 (power to alter the regions of the regional development agencies) after subsection (7) there shall be inserted--

" (7A) No order may be made under this section altering the extent of the London region. "

Change of the Agency name

15 (1) Section 26 (change of name of regional development agencies) shall be amended as follows.

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

" (2A) The London Development Agency shall not change the name by which it is to be known without the consent of the Mayor of London. "

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

" (3A) Subsection (3) has effect in relation to the London Development Agency as if the references to the Secretary of State were references to the Mayor of London. "

Power to promote or oppose Bills in Parliament

16 After section 26 there shall be inserted--

" 26A Power to promote or oppose Bills in Parliament

(1) The London Development Agency--

(a) may promote Bills in Parliament; and

(b) may oppose any Bill in Parliament.

(2) Subsection (1)(a) applies only if the Mayor of London--

(a) gives his written consent to the Bill; and

(b) confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.

(3) If the Mayor of London does not confirm the consent as required by subsection (2)(b), he shall give notice of that fact to the London Development Agency, which shall take all necessary steps for the withdrawal of the Bill.

(4) If the Mayor of London, in giving notice under subsection (3), states that he confirms his consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, the London Development Agency may, instead of withdrawing the Bill pursuant to subsection (3), take all necessary steps for the omission or, as the case may be, the amendment of the provisions in question in accordance with the notice.

(5) Without prejudice to subsections (2) to (4), the functions conferred on the London Development Agency by subsection (1)(a) are exercisable subject to, and in accordance with, the provisions of Schedule 6A.

(6) Subsection (1)(b) applies only if the Mayor of London gives his written consent to the London Development Agency to oppose the Bill.

(7) If--

(a) the London Development Agency deposits a petition against a Bill in Parliament, but

(b) the consent required by subsection (6) has not been given before the end of the period of 30 days following the day on which the petition is deposited,

the London Development Agency shall take all necessary steps for the withdrawal of the petition.

(8) Before exercising the functions conferred by subsection (2)(a) or (b), (4) or (6), the Mayor of London shall consult the London Assembly.

(9) This section is without prejudice to any power to promote or oppose Bills in Parliament which a regional development agency other than the London Development Agency may have apart from this section. "

Power to give guidance and directions

17 In section 27 (power to give guidance and directions to the regional development agencies) after subsection (1) there shall be inserted--

" (1A) Subsection (1) has effect in relation to the London Development Agency as if the reference to the Secretary of State were a reference to the Mayor of London. "

Application of guidance, consent etc provisions to the Mayor

18 After section 30 there shall be inserted--

" 30A Application of guidance, consent etc. provisions to the Mayor of London

Sections 28 to 30 have effect in relation to the Mayor of London as they have effect in relation to the Secretary of State. "

Interpretation

19 In section 41 (general interpretation) before the definition of "Minister of the Crown" there shall be inserted--

" "the London Development Agency" means the regional development agency established for the London region; " .

Amendments of Schedule 2

20 (1) Schedule 2 (constitution of the regional development agencies) shall be amended as follows.

(2) In paragraph 1 (membership) after sub-paragraph (3) there shall be inserted--

" (4) Sub-paragraphs (2) and (3) have effect in relation to the London Development Agency as if the references to the Secretary of State were references to the Mayor of London.

(5) Where the Mayor of London makes an appointment under section 2(1) by virtue of section 2(7), he shall not make it a term of appointment of the person so appointed that he is to be required to resign his office if he ceases to be an elected member of the London Assembly, a London borough council or the Common Council of the City of London. "

(3) In paragraph 2 (chairman and deputy chairman) at the beginning there shall be inserted "(1)".

(4) After the sub-paragraph (1) so formed, there shall be inserted--

" (2) Sub-paragraph (1) has effect in relation to the London Development Agency as if the reference to the Secretary of State were a reference to the Mayor of London.

(3) Where the Mayor of London designates a person under section 2(4) by virtue of section 2(7), he shall not make it a term of appointment of the person so designated that he is to be required to resign his office if he ceases to be an elected member of the London Assembly, a London borough council or the Common Council of the City of London. "

(5) After paragraph 3 (remuneration, pensions etc) there shall be inserted--

" Application of paragraph 3 in relation to the London Development Agency

3A (1) Payments by way of remuneration or allowances, other than allowances in respect of expenses incurred in the exercise of their functions, shall not be made under paragraph 3(1) to members of the London Development Agency who are also members of the London Assembly.

(2) The payments that may be made to or in respect of a person--

(a) under paragraph 3(2)(a) or (b), or

(b) under a scheme provided or maintained under paragraph 3(2)(c),

do not include payments referable to periods when the person is or was a member of both the London Development Agency and the London Assembly.

(3) In the application of paragraph 3 in relation to the London Development Agency, the references to the Secretary of State shall be taken as references to the Mayor of London. "

(6) In paragraph 4 (staff) after sub-paragraph (4) there shall be inserted--

" (5) This paragraph has effect in relation to the London Development Agency as if the references to the Secretary of State were references to the Mayor of London. "

(7) In paragraph 5(1) (section 1 of the [1972 c. 11.] Superannuation Act 1972 to apply to employees of regional development agencies) at the end there shall be added "other than the London Development Agency (for whose employees corresponding provision is made by section 389(1) of the Greater London Authority Act 1999)".

Promotion of Bills in Parliament by the London Development Agency

21 After Schedule 6 there shall be inserted--

" Schedule 6A Promotion of Bills in Parliament by the London Development Agency

Preliminary requirements

1 No Bill may be deposited in Parliament by virtue of section 26A(1)(a) until the requirements of paragraph 2 have been complied with.

Consultation on draft Bill

2 (1) The London Development Agency shall--

(a) prepare a draft of the proposed Bill ("the draft Bill");

(b) send copies of the draft Bill to the bodies and persons specified in sub-paragraph (2); and

(2) Those bodies and persons are--

(a) the Mayor of London;

(b) the London Assembly;

(d) the Common Council.

(3) Where the London Development Agency sends copies of the draft Bill to those bodies and persons pursuant to sub-paragraph (1)(b), it shall also give those bodies and persons notice of the time within which, and the place at which, they may make representations about the draft Bill.

Publicity for, and exposure of, the draft Bill

3 (1) Throughout the consultation period, the London Development Agency shall take such steps as in its opinion will give adequate publicity to the draft Bill.

(2) A copy of the draft Bill shall be kept available by the London Development Agency for inspection by any person on request free of charge--

(a) at the principal offices of the London Development Agency, and

(b) at such other places as the London Development Agency considers appropriate,

at reasonable hours throughout the consultation period.

(3) A copy of the draft Bill, or of any part of the draft Bill, shall be supplied to any person on request during the consultation period for such reasonable fee as the London Development Agency may determine.

(4) In this paragraph "the consultation period" means the period which--

(a) begins with the first day after the requirements of paragraph 2(1)(b) have been complied with; and

(b) ends with the time notified pursuant to paragraph 2(3).

Deposition of the Bill in Parliament

4 (1) If, after the requirements of paragraph 2 have been complied with, a Bill is deposited in Parliament by virtue of section 26A(1)(a), that Bill must be in the form of the draft Bill, either as originally prepared or as modified to take account of--

(a) representations made pursuant to paragraph 2;

(b) other representations made within the consultation period; or

(2) In this paragraph "the consultation period" has the same meaning as in paragraph 3.

Bills affecting statutory functions of London local authorities

5 If a Bill proposed to be deposited in Parliament by virtue of section 26A(1)(a) contains provisions affecting the exercise of statutory functions by a London local authority, the Bill shall not be deposited in Parliament unless--

(a) in a case where the exercise of statutory functions of one London local authority is affected, that authority has given its written consent to the Bill in the form in which it is to be so deposited; or

(b) in a case where the exercise of statutory functions of two or more London local authorities is affected, at least 90 per cent. of all London local authorities have given their written consent to the Bill in that form.

(2) In this paragraph "London local authority" means--

(a) a London borough council; or

(b) the Common Council.

Publicity for the deposited Bill

6 (1) This paragraph applies where a Bill ("the deposited Bill") is deposited in Parliament by virtue of section 26A(1)(a).

(2) During the period of 14 days following the day on which the deposited Bill is deposited in Parliament, the London Development Agency shall take such steps as in its opinion will give adequate publicity to the Bill.

(3) A copy of the deposited Bill shall be kept available by the London Development Agency for inspection by any person on request free of charge--

(a) at the principal offices of the London Development Agency, and

(b) at such other places as the London Development Agency considers appropriate,

at reasonable hours throughout the period while the Bill is in Parliament.

(4) A copy of the deposited Bill, or of any part of the deposited Bill, shall be supplied to any person on request during that period for such reasonable fee as the London Development Agency may determine. "

Section 310.

SCHEDULE 26 The Metropolitan Police Authority: Schedule 2A to the Police Act 1996

" Schedule 2A The Metropolitan Police Authority

Membership

1 (1) Where the Metropolitan Police Authority is to consist of twenty three members--

(a) twelve of those members shall be members of the London Assembly appointed under paragraph 2,

(b) seven shall be persons appointed under paragraph 3, and

(2) Where, by virtue of an order under section 5C(2), the Metropolitan Police Authority is to consist of a number of members other than twenty three--

(a) a number which is greater by one than the number of members provided for in paragraphs (b) and (c) shall be members of the London Assembly appointed under paragraph 2,

(b) such number as may be prescribed by the order, not exceeding one third of the total membership, shall be persons appointed under paragraph 3, and

Appointment of members by the Mayor

2 (1) The members of the Metropolitan Police Authority referred to in paragraph 1(1)(a) or (2)(a) shall be appointed by the Mayor of London in accordance with this paragraph.

(2) One of those members must be the Deputy Mayor, except as provided by paragraphs 9(2)(b) and 17(b) of Schedule 4 to the Greater London Authority Act 1999 or unless the Deputy Mayor is disqualified for being appointed as or being a member of the Metropolitan Police Authority under paragraph 7 below.

(3) The Mayor (or, where paragraph 9(2)(b) or 17(b) of Schedule 4 to that Act applies, the Chair of the London Assembly) shall ensure that, so far as practicable, the members for whose appointment he is responsible reflect the balance of parties for the time being prevailing among the members of the London Assembly.

Appointment of independent members

3 (1) The members of the Metropolitan Police Authority referred to in paragraph 1(1)(b) or (2)(b) shall be appointed in accordance with this paragraph.

(2) One shall be appointed by the Secretary of State.

(3) The remainder shall be appointed--

(a) by the members of the Metropolitan Police Authority appointed under paragraph 2 or 5,

(b) from among persons on a short-list prepared by the Secretary of State in accordance with Schedule 3.

(4) In the application of Schedule 3 in relation to the appointment of the first members of the Metropolitan Police Authority, the selection panel referred to in paragraph 1(1)(b) of that Schedule shall, instead of being constituted in accordance with sub-paragraphs (2) and (3) of that paragraph, be constituted in accordance with sub-paragraph (5) below.

(5) The selection panel shall consist of three members, of whom--

(a) one shall be appointed by the Secretary of State;

(b) one shall be appointed by the Secretary of State after consultation with persons whom, or organisations which, he considers represent the interests of local government in Greater London; and

(6) Notwithstanding paragraph 3(1A) of Schedule 3, the persons appointed under paragraphs (b) and (c) of sub-paragraph (5) shall cease to hold office when all the first members of the Metropolitan Police Authority have been appointed (but shall be eligible for further appointment under Schedule 3); but an appointment under paragraph (a) of that sub-paragraph shall have effect thereafter as if it had been an appointment under paragraph 1(2)(b) of that Schedule.

4 (1) The Metropolitan Police Authority shall arrange for a notice stating--

(a) the name of each of its members appointed under paragraph 3(2) or (3), and

(b) such other information relating to any such member as the Metropolitan Police Authority considers appropriate,

to be published in such manner as appears to it to be appropriate.

(2) The Metropolitan Police Authority shall send to the Secretary of State a copy of any notice which it has arranged to be published under sub-paragraph (1).

Appointment of magistrates

5 The members of the Metropolitan Police Authority referred to in paragraph 1(1)(c) or (2)(c)--

(a) must be magistrates for commission areas which are wholly or partly within the metropolitan police district, and

(b) shall be appointed by the person or body responsible for the appointment of members of the Greater London Magistrates' Courts Authority under regulations made under section 30B of the Justices of the [1997 c. 25.] Peace Act 1997.

Chairman

6 (1) The Metropolitan Police Authority shall at each annual meeting appoint a chairman from among its members.

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