Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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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--

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

The Road Traffic Act 1988

Exception from requirement of third-party insurance etc

54 In section 144(2)(a)(i) of the [1988 c. 52.] Road Traffic Act 1988 (which provides that section 143 does not apply to vehicles owned by certain authorities) after "the Inner London Education Authority," there shall be inserted "the London Fire and Emergency Planning Authority,".

The Local Government and Housing Act 1989

Application of Part I to the Fire etc Authority

55 In section 21(1) of the [1989 c. 42.] Local Government and Housing Act 1989 (which defines local authority for the purposes of Part I in relation to England and Wales) in paragraph (i) (joint authorities) after "transport)" there shall be inserted "or the London Fire and Emergency Planning Authority".

Charges by certain authorities

56 In section 152 of the [1989 c. 42.] Local Government and Housing Act 1989 (interpretation etc of sections 150 and 151) in subsection (2) (meaning of "relevant authority" in relation to England and Wales) after paragraph (m) there shall be inserted--

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

The Town and Country Planning Act 1990

Procedure for making of orders

57 In section 252 of the [1990 c. 8.] Town and Country Planning Act 1990 (procedure for making of orders) in subsection (12), 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,".

Footpaths and bridleways orders

58 In Schedule 14 to the [1990 c. 8.] Town and Country Planning Act 1990 (procedure for footpaths and bridleways orders) in paragraph 1(3), in the definition of "council", after "London borough council" there shall be inserted ", the London Fire and Emergency Planning Authority,".

The Local Government (Overseas Assistance) Act 1993

Power to provide advice and assistance

59 In section 1 of the [1993 c. 25.] Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) in subsection (10) (bodies which are local authorities) after paragraph (d) (joint authorities) there shall be inserted--

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

The Housing Grants, Construction and Regeneration Act 1996

Grants for improvements and repairs

60 In section 3(2) of the [1996 c. 53.] Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants) after paragraph (j) there shall be inserted " or

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

The Channel Tunnel Rail Link Act 1996

Highways

61 In Schedule 3 to the [1996 c. 61.] Channel Tunnel Rail Link Act 1996 (highways) in paragraph 2(11) (meaning of "local authority" in sub-paragraph (7)(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 Justices of the Peace Act 1997

Disqualification of justices who are members of local authorities

62 In section 66 of the Justices of the [1997 c. 25.] Peace Act 1997 (disqualification in certain cases of justices who are members of local authorities) in subsection (7) (meaning of "local authority") after paragraph (c) (joint authorities) there shall be inserted--

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

The Crime and Disorder Act 1998

Duty to consider crime and disorder implications

63 In section 17 of the [1998 c. 37.] Crime and Disorder Act 1998 (duty of certain authorities in exercising their functions) in subsection (2) (which specifies the authorities) after "a joint authority," there shall be inserted "the London Fire and Emergency Planning Authority,".

Part II Local and Personal Acts

The London County Council (General Powers) Act 1912

Registration of petroleum oil depots

64 In section 4 of the [1912 c. civ.] London County Council (General Powers) Act 1912 (registration of petroleum oil depots) for the definition of "controlling authority" there shall be substituted--

" "controlling authority" means the London Fire and Emergency Planning Authority; " .

The Essex County Council Act 1952

Precautions against fire in certain buildings in North East London

65 In section 80 of the [1952 c. l.] Essex County Council Act 1952 (which was substituted by section 6 of the [1958 c. xxiv.] Essex County Council Act 1958 and relates to precautions against fire in certain buildings in parts of Greater London that used to be in Essex) for "London Fire and Civil Defence Authority" there shall be substituted "London Fire and Emergency Planning Authority".

The London Hydraulic Power Act 1977

Notice of intention to use new pipeline to be given to Fire etc Authority

66 In section 3(3)(b) of the [1977 c. xi.] London Hydraulic Power Act 1977 (which requires the Company to give notice of intention to use a new pipeline 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 London Local Authorities Act 1990

Night cafe licensing

67 In section 4 of the [1990 c. vii.] London Local Authorities Act 1990 (interpretation of Part II) in the definition of "the fire authority" for "London Fire and Civil Defence Authority" there shall be substituted "London Fire and Emergency Planning Authority".

The London Local Authorities Act 1991

Special treatment premises

68 In the following provisions of Part II of the [1991 c. xiii.] London Local Authorities Act 1991 (special treatment premises), namely--

(a) section 7 (application under Part II), and

(b) section 15 (powers of entry),

for the words "London Fire and Civil Defence Authority", wherever occurring, there shall be substituted "London Fire and Emergency Planning Authority".

The London Local Authorities Act 1995

The fire authority

69 (1) The [1995 c. x.] London Local Authorities Act 1995 shall be amended as follows.

(2) In section 2 (interpretation of Act) in the definition of "the fire authority" for "London Fire and Civil Defence Authority" there shall be substituted "London Fire and Emergency Planning Authority".

(3) Section 44 (which permits a participating council to appoint a deputy for a member appointed by them to the fire authority and which applies with necessary modifications to the London Waste Regulation Authority, which has been abolished) shall cease to have effect.

The London Local Authorities Act 1996

Private places of entertainment

70 In section 21 of the [1996 c. ix.] London Local Authorities Act 1996 (which applies section 3 of the [1967 c. 19.] Private Places of Entertainment (Licensing) Act 1967 with modifications) in the notionally inserted subsection (5) (copy of application 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".

Theatres

71 In section 22 of the [1996 c. ix.] London Local Authorities Act 1996 (which applies Schedule 1 to the Theatres Act 1968, with modifications, in relation to licences in respect of premises in a borough) in the notionally substituted paragraph 2(1) (copy of application 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".

Section 375.

SCHEDULE 30 The Cultural Strategy Group for London

Status and capacity

1 (1) The Cultural Strategy Group 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 the Cultural Strategy Group for London shall not be regarded as civil servants, and its property shall not be regarded as property of, or held on behalf of, the Crown.

(3) It shall be within the capacity of the Cultural Strategy Group 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 its functions under this Act.

(4) The Cultural Strategy Group for London may acquire and hold land for the purpose of enabling or facilitating the discharge of its functions.

Membership

2 (1) The Cultural Strategy Group for London shall consist of not fewer than 10 nor more than 25 members.

(2) The members shall be appointed by the Mayor.

(3) The members shall be individuals--

(a) who are representatives of such bodies concerned with relevant matters as the Mayor considers appropriate; or

(b) who have knowledge, experience or expertise which is relevant to the functions of the Cultural Strategy Group for London.

(4) Before making any appointment of a member, the Mayor shall consult such bodies or persons as he considers appropriate.

(5) Before making an appointment by virtue of sub-paragraph (3)(a) above, the Mayor shall consult the body concerned.

(6) In sub-paragraph (3)(a) above "relevant matters" means any of the matters in relation to which the culture strategy may contain policies.

Appointment of member to take chair

3 The Mayor shall appoint one of the members of the Cultural Strategy Group for London to chair it.

Tenure of office

4 (1) The members of the Cultural Strategy Group for London shall hold and vacate office in accordance with the terms of their appointment.

(2) The terms of appointment of a member shall be such as the Mayor may determine.

(3) But a member may at any time resign his membership by giving notice to the Mayor.

(4) A person who ceases to be a member shall be eligible for re-appointment.

Members' expenses

5 The Mayor may pay the members of the Cultural Strategy Group for London allowances in respect of travel or other expenses properly incurred by them.

Staff

6 (1) The Cultural Strategy Group 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 the Cultural Strategy Group for London shall be appointed on such terms and conditions (including conditions as to remuneration) as the Cultural Strategy Group for London shall determine.

Financial provisions

7 The Mayor may provide the Cultural Strategy Group for London with sums of money towards defraying expenses properly incurred by the Cultural Strategy Group for London in carrying out its functions.

Proceedings

8 (1) The quorum of the Cultural Strategy Group for London and the arrangements relating to its meetings shall be such as it may determine.

(2) The validity of proceedings of the Cultural Strategy Group for London is not affected--

(a) by any vacancy among the members or any defect in the appointment of any member; or

(b) by any failure to make, or any defect in, an appointment under paragraph 3 above.

Application of seal and proof of instruments

9 (1) The application of the seal of the Cultural Strategy Group for London shall be authenticated by the signature of any member, or any member of staff, of the Cultural Strategy Group for London who has been authorised for the purpose, whether generally or specially, by the Cultural Strategy Group for London.

(2) In sub-paragraph (1) above the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 10 below, the word "signed" shall be construed accordingly.

Documents served etc by or on the Cultural Strategy Group for London

10 (1) Any document which the Cultural Strategy Group for London is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Cultural Strategy Group for London by any member, or any member of staff, of the Cultural Strategy Group for London who has been authorised for the purpose, whether generally or specially, by the Cultural Strategy Group for London.

(2) Every document purporting to be an instrument made or issued by or on behalf of the Cultural Strategy Group for London and to be duly executed under the seal of the Cultural Strategy Group for London, or to be signed or executed by a person authorised by the Cultural Strategy Group for London for the purpose, shall be received in evidence and be treated, without further proof, as being so made or so issued unless the contrary is shown.

(3) Any notice which is required or authorised, by or under any provision of any other Act, to be given, served or issued by, to or on the Cultural Strategy Group for London shall be in writing.

Section 409.

SCHEDULE 31 Transfer schemes

Interpretation

1 In this Schedule--

"Crown scheme" means a scheme under subsection (1) of section 409 of this Act;
"ordinary scheme" means a scheme under subsection (2) of section 409 of this Act;
"predecessor bodies" means the bodies or persons falling within subsection (3) of section 408 of this Act;
"successor bodies" means the bodies or persons falling within subsection (2) of section 408 of this Act;
"transfer scheme" means a Crown scheme or an ordinary scheme.

Effect of transfer scheme

2 (1) A transfer scheme shall by virtue of this paragraph take effect in accordance with the provisions of the scheme on such day or days as may be appointed by the scheme.

(2) A transfer scheme may make provision for transfers to take effect at such time of day as may be specified in the scheme.

Other provision that may be contained in a Crown scheme

3 (1) A Crown scheme may also contain provision--

(a) for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the transferor;

(b) for the creation of any rights or liabilities as between two or more of the successor bodies, or as between one or more of them and the Crown;

(c) for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more of the successor bodies, or by or against one or more of them and the Crown;

(d) for imposing on any two or more of the successor bodies, or on one or more of them and the Crown, an obligation to enter into written agreements with, or execute other instruments in favour of, each other.

(2) A Crown scheme may also contain provision--

(a) for the creation in favour of any of the successor bodies of an interest in or right over property retained by the Crown;

(b) for the creation in favour of any of the successor bodies of an interest in or right over property which the scheme transfers to another of those bodies.

Making and approval of ordinary scheme

4 (1) Where any of the predecessor bodies is required to make an ordinary scheme, it shall submit the scheme to the relevant Minister for his approval before such date as he may direct.

(2) Where a scheme is submitted under sub-paragraph (1) above, the relevant Minister may approve the scheme either with or without modification.

(3) Before giving his approval under sub-paragraph (2) above, the relevant Minister must consult--

(a) the transferor;

(b) such of the successor bodies as have been established and are affected by the scheme; and

(c) if the scheme makes provision by virtue of subsection (7) of section 409 of this Act, the trustees or managers, or the administrators, of any existing pension scheme in relation to which provision is made.

(4) A scheme required to be submitted under sub-paragraph (1) above shall not take effect unless approved under sub-paragraph (2) above.

(5) In this paragraph "the relevant Minister", in relation to an ordinary scheme, means the Minister of the Crown who gave the direction under section 409(2) of this Act to make the scheme.

Power of Minister to make ordinary scheme

5 (1) A Minister of the Crown who has given a direction under subsection (2) of section 409 of this Act may, after consultation with the transferor and such of the successor bodies as are affected, make an ordinary scheme himself if--

(a) he decides not to approve (with or without modifications) a scheme submitted to him pursuant to the direction before the date specified for the purpose under paragraph 4(1) above, or

(b) no ordinary scheme is submitted to him pursuant to the direction for approval before that date.

(2) Nothing in sub-paragraph (1) above shall prevent a Minister of the Crown from approving a scheme submitted to him after the date specified in relation to it under paragraph 4(1) above.

(3) A scheme made by a Minister of the Crown under sub-paragraph (1) above shall be treated for all purposes as having been made by the transferor and approved by the Minister.

Other provision that may be contained in an ordinary scheme

6 An ordinary scheme may also contain provision--

(a) for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the transferor;

(b) for the creation in favour of any of the successor bodies of--

(i) an interest in or right over property retained by the transferor; or

(ii) an interest in or right over property which the scheme transfers to another of those bodies;

(c) for the creation of any rights or liabilities as between two or more of the successor bodies or as between one or more of those bodies and the transferor;

(d) for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more of the successor bodies, or by or against one or more of those bodies and the transferor;

(e) for imposing on any two or more of the successor bodies, or on one or more of those bodies and the transferor, an obligation to enter into written agreements with, or execute other instruments in favour of, each other.

Power to make consequential, transitional etc provision

7 (1) A transfer scheme may contain incidental, consequential, supplemental or transitional provision and savings.

(2) A transfer scheme may make different provision for different purposes.

Section 411.

SCHEDULE 32 London Regional Transport pension etc schemes

Interpretation

1 (1) In this Schedule--

"employment" means employment under a contract of service or apprenticeship (whether express or implied and, if express, whether oral or in writing) and related expressions shall be construed accordingly;
"LRT pension scheme" means any occupational pension scheme for the provision of pensions for or in respect of persons with service in the employment of London Regional Transport or a subsidiary of London Regional Transport (whether or not pensions may also be provided under the scheme for or in respect of persons without such service);
"LRT welfare scheme" means a scheme (other than a pension scheme) for the provision, whether directly or indirectly, of benefits for or in respect of persons with service in the employment of London Regional Transport or a subsidiary of London Regional Transport (whether or not benefits may also be provided under the scheme for or in respect of persons without such service);
"occupational pension scheme" has the meaning given in section 1 of the [1993 c. 48.] Pension Schemes Act 1993;
"order" means an order made by the Secretary of State under section 411(1) of this Act;
"prescribed" means specified in, or determined in accordance with, an order.

(2) Subject to sub-paragraph (1) above, expressions used in this Schedule and in section 411 of this Act have the same meaning in this Schedule as they have in that section.

Amendment of LRT pension schemes

2 (1) In the case of any LRT pension scheme, the provision that may be made by order under section 411(1) of this Act includes provision for or in connection with--

(a) the allocation of assets, rights, liabilities or obligations between different sections of the scheme;

(b) securing that the scheme continues to be approved for the purposes of the relevant enactments, notwithstanding any transfers made by or under this Act or any qualifying transaction.

(2) In sub-paragraph (1) above--

"qualifying transaction" means any relevant transaction, within the meaning of paragraph 3 below, as a result of which a person is or becomes a protected person for the purposes of that paragraph;
"the relevant enactments" means--
(a)
Chapter I of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (retirement benefit schemes); and
(b)
Part III of the [1993 c. 48.] Pension Schemes Act 1993, so far as relating to occupational pension schemes.

Protection of pension arrangements of transferred employees

3 (1) For the purposes of this paragraph, a "protected person" is a person--

(a) who, as a result of any prescribed relevant transaction, becomes, or since 20th March 1998 has become, an employee of a private sector company; and

(b) who, immediately before becoming such an employee, was an employee of London Regional Transport or a subsidiary of London Regional Transport.

(2) The Secretary of State may by order make provision for the purpose of securing that no protected person (and, accordingly, no person who is or may become entitled to a pension in respect of a protected person) ceases to be overall in materially at least as good a position, as respects pension arrangements, as a result of--

(a) the relevant transaction by reason of which the protected person is such a person; or

(b) any pensions order made in connection with that relevant transaction.

(3) The provision that may be made by virtue of sub-paragraph (2) above is provision for the purpose of securing that a protected person has the right--

(a) for so long as the appropriate conditions are satisfied, to continue to participate as a contributing member in any prescribed LRT pension scheme in which he was participating as such a member immediately before the relevant transaction, and

(b) for so long as his period of continuous employment is not broken, to participate as a contributing member in a pension scheme under which the benefits to be provided to or in respect of him are overall materially at least as good as those provided under any prescribed LRT scheme in which he was participating as a contributing member immediately before the relevant transaction,

subject to any provision made by virtue of sub-paragraph (6) below.

(4) For the purposes of sub-paragraph (3)(a) above, "the appropriate conditions" are--

(a) that the protected person continues to be a person employed in the London underground railway industry (whether or not with the same employer); and

(b) that any prescribed conditions with respect to continuity of employment are satisfied in his case.

(5) The provision that may be made by virtue of sub-paragraph (2) above includes provision for or in connection with the level of funding which is to be maintained in the case of any pension scheme of a prescribed description so far as relating to protected persons.

(6) An order made by virtue of sub-paragraph (2) above may make provision for such orders to cease to have effect in the case of any protected person if--

(a) he voluntarily withdraws from an occupational pension scheme, or

(b) he requests that his pension rights be transferred from an occupational pension scheme,

except in such circumstances or to such extent as may be prescribed.

(7) Circumstances may be prescribed in which--

(a) a break in the continuity of a person's period of employment,

(b) a person's ceasing to be a person employed in the London underground railway industry, or

shall be disregarded for prescribed purposes of this paragraph.

(8) Chapter I of Part XIV of the [1996 c. 18.] Employment Rights Act 1996 (continuous employment) shall apply for the purposes of this paragraph as it applies for the purposes of that Act.

(9) For the purposes of this paragraph--

(a) the persons who are to be regarded as "employed in the London underground railway industry" are those who are employed to carry on activities of a class or description specified for the purposes of this sub-paragraph in an order made by the Secretary of State; and

(b) the Secretary of State may so specify any class or description of activity which, in his opinion, falls within, or is related to or connected with, the London underground railway industry.

(10) In this paragraph--

"contributing member", in the case of any pension scheme, means a member who makes, and whose employer makes in respect of him, contributions under the scheme;
"pensions order" means an order made otherwise than by virtue of this paragraph;
"private sector company" means any company other than a public sector operator, within the meaning of Chapter VII of Part IV of this Act;
"relevant transaction" means--
(a)
a transfer of shares in a subsidiary of London Regional Transport to a private sector company; or
(b)
a transfer of rights and liabilities under a contract of employment.

Power to dispense with consent of trustees

4 If the Secretary of State makes provision under this Act for or in connection with--

(a) enabling employees of Transport for London, or of a subsidiary of Transport for London, or of a private sector company (within the meaning of paragraph 3 above) to participate in an LRT pension scheme, or

(b) enabling Transport for London, a subsidiary of Transport for London or such a company to participate as an employer in such a scheme,

he may by order make provision requiring the trustees of the scheme or any other person whose approval or consent is necessary in connection with the doing of anything required to be done by virtue of the order to give that approval or consent.

LRT welfare schemes

5 (1) The provision that may be made by order under section 411(1) of this Act includes provision with respect to the provision, under an LRT welfare scheme, of benefits for or in respect of persons who are or have been employees of--

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

(b) Transport for London or any subsidiary of Transport for London.

(2) For the purposes of sub-paragraph (1) above, the provisions of section 411 of this Act, and of the other paragraphs of this Schedule, shall apply in relation to an LRT welfare scheme as they apply in relation to a pension scheme, but taking references in those provisions to pensions as references to benefits and construing references to pension rights accordingly.

(3) The Secretary of State may by order amend the memorandum and articles of any company which is the trustee of an LRT welfare scheme for or in connection with permitting directors or shareholders of the company to be persons who are officers or servants of Transport for London or a subsidiary of Transport for London.

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