Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

-- Back --

Page 41

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31 | P.32 | P.33 | P.34 | P.35 | P.36 | P.37 | P.38 | P.39 | P.40 | P.41 | P.42 | P.43

if he is re-elected as such a member not later than the day of the cessation or retirement.

Filling of vacancies

8 (1) Where an Assembly representative ceases to be a member of the Fire etc Authority, the Mayor shall, as soon as reasonably practicable after the occurrence of the vacancy, exercise his power under paragraph 1(1)(a) above to fill the vacancy.

(2) Where a borough representative ceases to be a member of the Fire etc Authority, the London borough councils shall, not later than one month after the occurrence of the vacancy, exercise their power under paragraph 1(1)(b) above to nominate to the Mayor another member of a London borough council to fill the vacancy.

(3) Section 243(1) of the [1972 c. 70.] Local Government Act 1972 (which provides for things falling to be done on Sundays, public holidays etc to be done on the first subsequent working day) shall apply to sub-paragraph (2) above.

Term of office of person appointed to fill a vacancy

9 Where--

(a) a person ceases to be a member of the Fire etc Authority otherwise than by virtue of the expiration of his term of office, and

(b) another person is appointed in his place,

the term of office of the person so appointed shall be the unexpired residue of the term of office for which the person ceasing to be a member was appointed.

Meetings and proceedings

10 (1) Paragraph 1 of Schedule 12 to the [1972 c. 70.] Local Government Act 1972 (annual meeting of principal council) shall apply in relation to the Fire etc Authority as it applies in relation to a principal council, except that the annual meeting shall be held on such day between 1st March and 30th June (both inclusive) as the Fire etc Authority may fix.

(2) Paragraphs 2 to 5 of that Schedule shall apply in relation to the Fire etc Authority as they apply in relation to a principal council, except that the number of persons mentioned in paragraph 3(2) shall be three.

(3) No business shall be transacted at a meeting of the Fire etc Authority unless at least five members are present, of whom--

(a) at least one is an Assembly representative; and

(b) at least one is a borough representative.

(4) Part VI of that Schedule (provisions relating to local authorities generally) shall apply in relation to the Fire etc Authority as it applies in relation to a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985.

The first meeting of the reconstituted Fire etc Authority

11 (1) The first meeting of the Fire etc Authority after the reconstitution day shall be held as soon as reasonably practicable after that day.

(2) The meeting shall be convened, and held at a place appointed by, the chief officer of the London Fire Brigade.

Validity of acts done by unqualified persons

12 The acts and proceedings of any person appointed to an office under this Schedule and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

Application of this Schedule in relation to the Common Council

13 The Common Council of the City of London shall be treated for the purposes of this Schedule as if it were a London borough council.

Section 328.

SCHEDULE 29 Amendments relating to the Fire etc Authority

Part I Public General Acts

The Landlord and Tenant Act 1954

Local authority

1 In section 69(1) of the [1954 c. 56.] Landlord and Tenant Act 1954 (interpretation) in the definition of "local authority" after "the Broads Authority" there shall be inserted ", the London Fire and Emergency Planning Authority".

The Local Government (Records) Act 1962

Acquisition and deposit of records

2 In section 2 of the [1962 c. 56.] Local Government (Records) Act 1962 (acquisition and deposit of records) in subsection (6) (authorities to which subsections (1) and (2) apply) after "the Common Council of the City of London," there shall be inserted "to the London Fire and Emergency Planning Authority,".

Local authority

3 In section 8(1) of the [1962 c. 56.] Local Government (Records) Act 1962 (interpretation) in the definition of "local authority", after "the Common Council of the City of London," there shall be inserted "the London Fire and Emergency Planning Authority,".

The London Government Act 1963 [1963 c. 33.]

Delegation of functions in Greater London

4 In section 5 of the [1963 c. 33.] London Government Act 1963 (delegation of functions in Greater London) in subsection (3) (agreements with local authorities whose areas are contiguous to Greater London etc) for "London Fire and Civil Defence Authority" there shall be substituted "London Fire and Emergency Planning Authority".

Compensation for injury to, or death of, officers

5 In section 75 of the [1963 c. 33.] London Government Act 1963 (compensation for injury to, or death of, officers) in subsection (4) (application of section to the bodies there specified) for "London Fire and Civil Defence Authority" there shall be substituted "London Fire and Emergency Planning Authority".

Music and dancing licences

6 In Schedule 12 to the [1963 c. 33.] London Government Act 1963 (licensing of public events) in paragraph 2(1) (which was substituted by section 20 of the [1996 c. ix.] London Local Authorities Act 1996 and requires a copy of an application for the grant etc of a public dancing or music etc licence to be sent to the London Fire and Civil Defence Authority) for "London Fire and Civil Defence Authority" there shall be substituted "London Fire and Emergency Planning Authority".

The Local Government Act 1966

Grants for expenditure due to ethnic minority population

7 In section 11 of the [1966 c. 42.] Local Government Act 1966 (grants for expenditure due to ethnic minority population) in subsection (2) (application of section to the bodies there specified) after "shall apply to" there shall be inserted "the London Fire and Emergency Planning Authority".

The Leasehold Reform Act 1967

Land required for public purposes

8 In section 28 of the [1967 c. 88.] Leasehold Reform Act 1967 (retention or resumption of land required for public purposes) in subsection (5) (bodies to which the section applies) in paragraph (a), after "any joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985" there shall be inserted ", the London Fire and Emergency Planning Authority,".

Exclusion of certain shared ownership leases

9 In Schedule 4A to the [1967 c. 88.] Leasehold Reform Act 1967, in paragraph 2 (exclusion of certain leases granted by bodies specified in sub-paragraph (2)) in sub-paragraph (2), after paragraph (b) there shall be inserted--

" (bb) the London Fire and Emergency Planning Authority; " .

The Local Government Grants (Social Need) Act 1969

Grants to local authorities etc

10 In section 1 of the [1969 c. 2.] Local Government Grants (Social Need) Act 1969 (provision for grants) in subsection (3) (which defines "local authority") after "shall also include" there shall be inserted "the London Fire and Emergency Planning Authority,".

The Post Office Act 1969

Local authority

11 In section 86 of the [1969 c. 48.] Post Office Act 1969 (interpretation of Part III) in subsection (1), in the definition of "local authority", in paragraph (a), after "a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985" there shall be inserted ", the London Fire and Emergency Planning Authority".

The Employers' Liability (Compulsory Insurance) Act 1969

Exemption

12 In section 3 of the [1969 c. 57.] Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance) in subsection (2)(b) (which specifies certain authorities exempted under subsection (1)(a)) after "a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985," there shall be inserted "the London Fire and Emergency Planning Authority,".

The Pensions (Increase) Act 1971

Meaning of local authority

13 In Schedule 3 to the [1971 c. 56.] Pensions (Increase) Act 1971 (meaning of local authority) after paragraph 6(1)(a)(ia) there shall be inserted--

" (ib) the London Fire and Emergency Planning Authority; " .

The Local Government Act 1972

Restriction on promoting Bills for changing local government areas etc

14 In section 70 of the [1972 c. 70.] Local Government Act 1972 (restriction on promotion of Bills for changing local government areas etc) at the beginning there shall be inserted "(1)" and after the subsection so formed there shall be added--

" (2) Subsection (1) above shall have effect as if the reference to a joint authority included a reference to the London Fire and Emergency Planning Authority. "

Members' interests in contracts etc

15 In section 98 of the [1972 c. 70.] Local Government Act 1972 (members' interests in contracts: interpretation of sections 95 to 97) in subsection (1A) (extended meaning of local authority) after "a joint authority" there shall be inserted ", the London Fire and Emergency Planning Authority".

Powers with respect to emergencies and disasters

16 In section 138 of the [1972 c. 70.] Local Government Act 1972 (powers of principal councils with respect to emergencies and disasters) in subsection (5) (expenses incurred by certain bodies in co-ordinating planning) for "London Fire and Civil Defence Authority" there shall be substituted "London Fire and Emergency Planning Authority".

Information relating to matters affecting local government

17 In section 142 of the [1972 c. 70.] Local Government Act 1972 (provision of information relating to matters affecting local government) after subsection (3) there shall be added--

" (4) This section shall have effect as if any reference to a local authority included a reference to the London Fire and Emergency Planning Authority. "

Allowances for attending conferences and meetings

18 In section 175 of the [1972 c. 70.] Local Government Act 1972 (allowances for attending conferences and meetings) in subsection (3B) (application in relation to joint authorities etc) after "In relation to" there shall be inserted "the London Fire and Emergency Planning Authority or".

Payment of expenses for official and courtesy visits etc

19 In section 176 of the [1972 c. 70.] Local Government Act 1972 (payment of expenses for official and courtesy visits etc) in subsection (3) (which provides that local authority includes a joint authority) after "joint authority" there shall be inserted "and the London Fire and Emergency Planning Authority".

Power to prosecute or defend legal proceedings

20 In section 222 of the [1972 c. 70.] Local Government Act 1972 (power of local authority to prosecute or defend legal proceedings) in subsection (2) (which provides that local authority includes the Common Council) after "Common Council" there shall be inserted "and the London Fire and Emergency Planning Authority".

General application of Part XI of the 1972 Act

21 In Part XI of the [1972 c. 70.] Local Government Act 1972 (general provisions as to local authorities) after section 244 there shall be inserted--

" 244A Application of this Part to London Fire and Emergency Planning Authority

This Part shall have effect as if any reference to a joint authority included a reference to the London Fire and Emergency Planning Authority. "

The Employment Agencies Act 1973

Exemptions

22 In section 13 of the [1973 c. 35.] Employment Agencies Act 1973 (interpretation) in subsection (7) (which specifies what the Act does not apply to) after paragraph (fg) there shall be inserted--

" (fh) the exercise by the London Fire and Emergency Planning Authority of any of its functions; " .

The Health and Safety at Work etc. Act 1974

Restrictions on disclosure of information

23 In section 28 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974 (restrictions on disclosure of information) in subsection (6) (which extends the meaning of local authority in subsections (3) to (5)) at the end there shall be added "and the London Fire and Emergency Planning Authority".

The Local Government (Miscellaneous Provisions) Act 1976

Local authority

24 In section 44(1) of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part I) in the definition of "local authority"--

(a) in paragraph (a), after "a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985" there shall be inserted "and the London Fire and Emergency Planning Authority"; and

(b) in paragraph (c) after "(waste regulation and disposal authorities)," there shall be inserted "the London Fire and Emergency Planning Authority".

The Rent (Agriculture) Act 1976

No statutory tenancy in certain cases

25 In section 5 of the [1976 c. 80.] Rent (Agriculture) Act 1976 (no statutory tenancy where landlord's interest belongs to local authority etc) in subsection (3) (which specifies the bodies in question) after paragraph (bb) (joint authorities) there shall be inserted--

" (bbb) the London Fire and Emergency Planning Authority; " .

The Rent Act 1977

No protected tenancy in certain cases

26 In section 14 of the [1977 c. 42.] Rent Act 1977 (no protected tenancy where landlord's interest belongs to a local authority etc) after paragraph (cb) (joint authorities) there shall be inserted--

" (cc) the London Fire and Emergency Planning Authority; " .

The Protection from Eviction Act 1977

Excluded tenancies and licences

27 In section 3A of the [1977 c. 43.] Protection from Eviction Act 1977 (excluded tenancies and licences) in subsection (8) (excluded licence in case of hostel provided by a body specified in that subsection) in paragraph (a) after "the Inner London Education Authority," there shall be inserted "the London Fire and Emergency Planning Authority,".

The Local Government, Planning and Land Act 1980

Duty to publish information

28 In section 2 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (duty of authorities to publish information) in subsection (1) (which specifies the authorities to which the section applies) after paragraph (ka) (joint authorities) there shall be inserted--

" (kb) the London Fire and Emergency Planning Authority; " .

Direct labour organisations

29 In section 20(1) of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (interpretation of Part III) in the definition of "local authority", in paragraph (a), after "a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985" there shall be inserted ", the London Fire and Emergency Planning Authority".

Disposal of land

30 In section 98 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (disposal of land at direction of Secretary of State) in the subsection (8A) which is inserted by paragraph 56 of Schedule 11 to the [1989 c. 42.] Local Government and Housing Act 1989 (and which specifies the bodies mentioned in the subsection (8)(d) inserted by the same provision) after paragraph (e) (joint authorities) there shall be inserted " and

(f) the London Fire and Emergency Planning Authority. "

Directions to dispose of land: supplementary

31 In section 99 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (disposal of land-- supplementary) in subsection (4) (representations by certain bodies) after paragraph (db) (joint authorities) there shall be inserted--

" (dbb) the London Fire and Emergency Planning Authority; " .

Meaning of "subsidiary" in Part X

32 In section 100 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (interpretation and extent of Part X) in the subsection (1) which is substituted by paragraph 57 of Schedule 11 to the [1989 c. 42.] Local Government and Housing Act 1989 (and which defines "subsidiary" in relation to different bodies) in paragraph (a), before "or a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985" there shall be inserted ", the London Fire and Emergency Planning Authority".

Bodies to whom Part X applies

33 In Schedule 16 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 (bodies to whom Part X applies) after paragraph 5B (joint authorities) there shall be inserted--

" 5BB. The London Fire and Emergency Planning Authority. "

The Acquisition of Land Act 1981

Local authority etc land

34 (1) The [1981 c. 67.] Acquisition of Land Act 1981 shall be amended as follows.

(2) In section 7(1) (general definitions) in the definition of "local authority", after paragraph (a) there shall be inserted--

" (a1) the London Fire and Emergency Planning Authority; " .

(3) In section 17 (compulsory purchase of local authority and statutory undertakers' land) in subsection (4), in the definition of "local authority", in paragraph (a), after "Common Council of the City of London," there shall be inserted "the London Fire and Emergency Planning Authority,".

The Local Government (Miscellaneous Provisions) Act 1982

Enforceability of covenants

35 In section 33 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of covenants relating to land) in subsection (9)(a) (meaning of "principal council" in that section) after "the London Residuary Body," there shall be inserted "the London Fire and Emergency Planning Authority,".

Lost and uncollected property

36 In section 41 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982 (lost and uncollected property) in subsection (13), in the definition of "local authority", after paragraph (e) (joint authorities) there shall be inserted " and

(f) the London Fire and Emergency Planning Authority; " .

Arrangements under the Employment and Training Act 1973

37 In section 45 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982 (power of local authority to enter into arrangements with Secretary of State under the [1973 c. 50.] Employment and Training Act 1973) in subsection (2) (local authorities to whom the section applies) after paragraph (c) there shall be inserted " and

(d) the London Fire and Emergency Planning Authority. "

The County Courts Act 1984

Right of audience

38 In section 60 of the [1984 c. 28.] County Courts Act 1984 (right of audience) in subsection (3), in the definition of "local authority", after "a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985" there shall be inserted "the London Fire and Emergency Planning Authority,".

The Local Government Act 1985 [1985 c. 51.]

First appointments

39 In section 30 of the [1985 c. 51.] Local Government Act 1985 (first appointments) subsection (2)(a) (which required notice of the first appointments to the London Fire and Civil Defence Authority to be given to the Greater London Council and which is spent) shall cease to have effect.

General fund

40 (1) The Fire etc Authority shall continue to keep a general fund under and in accordance with section 72 of the [1985 c. 51.] Local Government Act 1985.

(2) Accordingly, after subsection (4) of that section there shall be inserted--

" (5) Any reference in this section to a new authority includes a reference to the London Fire and Emergency Planning Authority. "

Number of members of joint authorities

41 In Schedule 10 to the [1985 c. 51.] Local Government Act 1985 (number of members of joint authorities) Part I (which relates to the Fire etc Authority) shall cease to have effect.

The Housing Act 1985

Local authority

42 In section 4 of the [1985 c. 68.] Housing Act 1985 (other descriptions of authority) in paragraph (e) (local authorities) after the words "a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985", in both places where they occur, there shall be inserted " and the London Fire and Emergency Planning Authority".

The Housing Associations Act 1985

Local authority

43 In section 106(1) of the [1985 c. 69.] Housing Associations Act 1985 (definitions) in the definition of "local authority"--

(a) after "a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985" there shall be inserted "and the London Fire and Emergency Planning Authority"; and

(b) after "such a joint authority" there shall be inserted ", the London Fire and Emergency Planning Authority".

The Landlord and Tenant Act 1985

Local authority

44 In section 38 of the [1985 c. 70.] Landlord and Tenant Act 1985 (minor definitions) in the definition of "local authority" after "a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985" there shall be inserted "and the London Fire and Emergency Planning Authority".

The Local Government Act 1986

Local authority publicity

45 In section 6(2) of the [1986 c. 10.] Local Government Act 1986 (meaning of "local authority" in Part II) in paragraph (a), after the entry "a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985," there shall be inserted the entry--

" the London Fire and Emergency Planning Authority, " .

Transfer of local authority mortgages

46 In section 9(1)(a) of the [1986 c. 10.] Local Government Act 1986 (meaning of "local authority" in Part III) after the entry "a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985," there shall be inserted the entry--

" the London Fire and Emergency Planning Authority, " .

The Local Government Finance Act 1987

Rates: maximum limit

47 In Schedule 2 to the [1987 c. 6.] Local Government Finance Act 1987 (rates: maximum limit) in paragraph 6(5) (the appropriate formula for, among other bodies, the London Fire and Civil Defence Authority) the words "or the London Fire and Civil Defence Authority" shall cease to have effect.

The Landlord and Tenant Act 1987

Exempt landlords etc

48 In section 58(1) of the [1987 c. 31.] Landlord and Tenant Act 1987 (bodies which are "exempt landlords") in paragraph (a), after "the Common Council of the City of London," there shall be inserted "the London Fire and Emergency Planning Authority,".

The Local Government Act 1988

Competition

49 In section 1(1) of the [1988 c. 9.] Local Government Act 1988 (which specifies the defined authorities for the purposes of Part I) in paragraph (g), for "London Fire and Civil Defence Authority" there shall be substituted "London Fire and Emergency Planning Authority".

Public supply or works contracts

50 In Schedule 2 to the [1988 c. 9.] Local Government Act 1988 (which specifies the public authorities to which section 17 of that Act applies) for the entry relating to the London Fire and Civil Defence Authority there shall be substituted the entry--

" The London Fire and Emergency Planning Authority. "

The Local Government Finance Act 1988

Financial administration

51 (1) Section 111 of the [1988 c. 41.] Local Government Finance Act 1988 (interpretation of Part VIII) shall be amended as follows.

(2) In subsection (2) (relevant authorities) paragraph (h) (which refers to the London Fire and Civil Defence Authority but is superseded for the London Fire and Emergency Planning Authority by amendments made by section 128 of this Act) shall be omitted.

The Housing Act 1988

Transfer of housing accommodation etc

52 In section 74 of the [1988 c. 50.] Housing Act 1988 (transfer of land and other property to housing action trusts) in subsection (8) (meaning of "local authority") after paragraph (f) there shall be inserted--

" (g) the London Fire and Emergency Planning Authority. "

Tenancies which cannot be assured tenancies

53 In Schedule 1 to the [1988 c. 50.] Housing Act 1988 (tenancies which cannot be assured tenancies) in paragraph 12(2) (definition of "local authority") after paragraph (e) there shall be inserted--

-- Back --

Stat