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(1) There shall be an authority for Greater London, to be known as the Greater London Authority.
(2) The Authority shall be a body corporate.
(3) The Authority shall have the functions which are transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act.
(1) The Authority shall consist of—
(a) the Mayor of London; and
(b) an Assembly for London, to be known as the London Assembly.
(2) The Assembly shall consist of twenty five members, of whom—
(a) fourteen shall be members for Assembly constituencies (constituency members); and
(b) eleven shall be members for the whole of Greater London (London members).
(3) There shall be one constituency member for each Assembly constituency.
(4) The Assembly constituencies shall be the areas, and shall be known by the names, specified in an order made by statutory instrument by the Local Government Boundary Commission for England .
(5) Schedule 1 to this Act (which makes further provision about Assembly constituencies and orders under subsection (4) above) shall have effect.
(6) The Mayor and the Assembly members shall be returned in accordance with the provision made in or by virtue of this Act for—
(a) the holding of ordinary elections of the Mayor, the constituency members and the London members; and
(b) the filling of vacancies in the office of Mayor or among the constituency members or the London members.
(7) An ordinary election involves the holding of—
(a) an election for the return of the Mayor;
(b) an election for the return of the London members; and
(c) elections for the return of the constituency members.
(8) The term of office of the Mayor and Assembly members returned at an ordinary election shall—
(a) begin on the second day after the day on which the last of the successful candidates at the ordinary election is declared to be returned; and
(b) end on the second day after the day on which the last of the successful candidates at the next ordinary election is declared to be returned;
but this subsection is subject to the other provisions of this Act and, in particular, to any provision made by order by virtue of subsection (4) of section 3 below.
(9) If at any ordinary election the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the day on which the last of the successful candidates at the ordinary election is declared to be returned shall be determined for the purposes of subsection (8) above without regard to the return of the Assembly member for that Assembly constituency.
(10) The validity of proceedings of the Assembly is not affected by any vacancy in its membership.
(11) The validity of anything done by the Authority is not affected by any vacancy in the office of Mayor or any vacancy in the membership of the Assembly.
(1) The poll at the first ordinary election shall be held on 4th May 2000 or such later date as the Secretary of State may by order provide.
(2) The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.
(3) Subsection (2) above is subject to any order made by virtue of section 37(2) ... of the Representation of the People Act 1983 (power by order to fix a day other than the first Thursday in May).
(4) As respects the first ordinary election, the Secretary of State may by order make provision—
(a) modifying section 2(8) above in relation to the Mayor and Assembly members returned at that election;
(b) for the returning officer at the election of the Mayor and the election of the London members to be a person, or a person of a description, designated in the order (instead of the person specified in section 35(2C) of the Representation of the People Act 1983);
(c) for and in connection with modifying the entitlement to vote or the registration of electors, or with respect to the registers (or parts of registers) of electors to be used;
(d) for or in connection with enabling electors to vote in the poll at such polling stations or other places as may be prescribed, at such times as may be prescribed, on such one or more days preceding the date specified in or provided under subsection (1) above for the poll as may be specified in the order.
(5) The provision that may be made by an order under paragraph (d) of subsection (4) above includes provision for such enactments or statutory instruments as may be specified in the order to have effect with such modifications as may be so specified.
(6) In this section prescribed means specified in, or determined in accordance with, an order under this section.
(1) Each person entitled to vote as an elector at an ordinary election shall have the following votes—
(a) one vote ... which may be given for a candidate to be the Mayor;
(b) one vote (referred to in this Part as a constituency vote) which may be given for a candidate to be the Assembly member for the Assembly constituency; and
(c) one vote (referred to in this Part as a London vote) which may be given in accordance with subsection (5) below.
(2) The Mayor shall be returned under the simple majority system ... .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The Assembly member for an Assembly constituency shall be returned under the simple majority system.
(5) A London vote may be given for—
(a) a registered political party which has submitted a list of candidates to be London members; or
(b) an individual who is a candidate to be a London member.
(6) The London members shall be returned in accordance with Part II of Schedule 2 to this Act.
(7) The persons who are to be returned as—
(a) the Mayor, and
(b) the constituency members,
must be determined before it is determined who are to be returned as the London members.
(8) But if the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the persons who are to be returned as the London members shall be determined without regard to the determination of the Assembly member for that Assembly constituency.
(9) At an ordinary election, a person may not be a candidate to be the Assembly member for more than one Assembly constituency.
(10) If the person who is returned as the Mayor is also returned as an Assembly member for an Assembly constituency, a vacancy shall arise in the Assembly constituency.
(11) In this Part registered political party means a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 .
(1) An Assembly member may at any time resign his membership of the Assembly by giving notice to the proper officer of the Authority.
(2) Any such resignation shall take effect on the officer’s receipt of the notice.
(1) If an Assembly member fails, throughout a period of six consecutive months from his last attendance, to attend any meeting of the Assembly, he shall cease to be a member of the Assembly.
(2) A person shall not cease to be a member by virtue of subsection (1) above if the failure to attend is due to some reason approved by the Assembly before the expiry of that period.
(3) For the purposes of this section, an Assembly member shall be deemed to have attended a meeting of the Assembly on any occasion on which he attended—
(a) as a member at a meeting of any committee or sub-committee of the Assembly; or
(b) as a representative of the Assembly or the Authority at a meeting of any body of persons.
(4) A person shall not cease to be a member of the Assembly by reason only of a failure to attend meetings of the Assembly if—
(a) he is a member of any branch of Her Majesty’s naval, military or air forces and is at the time employed during war or any emergency on any naval, military or air force service, or
(b) he is a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence,
and the failure to attend is due to that employment.
(5) Any period during which an Assembly member is suspended or partially suspended under section 66, ... 73, 78 ... or 79 of the Local Government Act 2000 , or suspended under section 31 (4) of the Elections Act 2022, shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1).
Where an Assembly member—
(a) ceases to be qualified to be a member of the Assembly, or
(b) becomes disqualified from being a member otherwise than—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ia) under section 34 of the Localism Act 2011,
(ib) by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc),
(ii) by virtue of a conviction, or
(iii) by virtue of a breach of any provision of Part II of the Representation of the People Act 1983, or
(c) ceases to be a member of the Assembly by reason of failure to attend meetings of the Assembly,
the proper officer of the Authority shall forthwith declare the member’s office to be vacant, unless it has been declared vacant by the High Court.
If the person who is returned at an election under section 16 below to fill a vacancy in the office of Mayor is an Assembly member, a vacancy shall arise—
(a) if he is a member for an Assembly constituency, in that Assembly constituency; or
(b) if he is a London member, in his office as a London member.
(1) For the purpose of filling a casual vacancy in the membership of the Assembly, the date on which a vacancy is to be regarded as occurring shall be—
(a) in the case of any person being returned—
(i) at an ordinary election, as the Mayor and also as the Assembly member for an Assembly constituency, or
(ii) at an election under section 16 below to fill a vacancy in the office of Mayor when he is an Assembly member,
on the date on which he is returned as the Mayor or, as the case may be, to fill the vacancy in that office;
(b) in the case of any person being returned as mentioned in section 16(10) below, on the date on which he is returned to fill the vacancy in the Assembly constituency;
(c) in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;
(d) in the case of resignation, upon the receipt of the notice of resignation by the proper officer of the Authority;
(e) in the case of death, on the date of death;
(f) in the case of disqualification under ... section 34 of the Localism Act 2011 or by virtue of a conviction—
(i) on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant order or decision under ... that section or (as the case may be) that conviction, or
(ii) if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution;
(fa) in the case of disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc);
(g) in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;
(h) in the case of a person—
(i) ceasing to be qualified to be an Assembly member, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (g) above, or
(ii) ceasing to be an Assembly member by reason of failure to attend meetings,
on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority as the case may be.
(1A) In a case where subsection (1)(fa) and (f) (in the case of a conviction) apply in relation to a vacancy, the vacancy is to be regarded as occurring on the date mentioned in subsection (1)(fa).
(2) The proper officer of the Authority shall—
(a) give written notice of any casual vacancy among the London members to the Greater London returning officer; and
(b) give public notice of any casual vacancy among the constituency members.
(3) Any public notice under subsection (2)(b) above shall be given—
(a) by posting the notice in some conspicuous place or places in the Assembly constituency concerned; and
(b) in such other manner, if any, as the officer considers desirable for giving publicity to the notice.
(4) Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded under subsection (1) above as occurring.
(1) This section applies where the office of an Assembly member returned for an Assembly constituency is vacant.
(2) Subject to subsection (8) below, an election shall be held in the Assembly constituency to fill the vacancy.
(3) At the election to fill the vacancy—
(a) each person entitled to vote at the election shall have a constituency vote; and
(b) the Assembly member for the Assembly constituency shall be returned under the simple majority system.
(4) The date of the poll at the election shall be fixed by the constituency returning officer in accordance with subsection (5) below.
(5) The date fixed shall be no later than 35 days after the date of the relevant event.
(6) In subsection (5) above, the relevant event means—
(a) in a case where the High Court or the proper officer of the Authority has declared the office to be vacant, the making of that declaration; or
(b) in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for the Assembly constituency concerned.
(7) Section 243(4) of the Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (5) above as it applies for the purposes of section 89(1) of that Act.
(8) If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election unless subsection (9) below applies.
(9) This subsection applies if, on the occurrence of the vacancy (or, in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the Assembly exceeds one-third of the whole number of Assembly members.
(10) A person may not be a candidate at an election to fill a vacancy if he is—
(a) the Mayor;
(b) an Assembly member; or
(c) a candidate in another such election.
(11) The term of office of the person returned at the election—
(a) shall begin immediately upon his being declared to be returned as the constituency member; and
(b) shall end at the time when it would have ended had he been returned as the constituency member at the previous ordinary election.
(1) This section applies where the office of a London member is vacant.
(2) If the London member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the vacancy shall remain unfilled until the next ordinary election.
(3) If the London member was returned (under Part II of Schedule 2 to this Act or this section) from a registered political party’s list, the Greater London returning officer shall notify the Chair of the Assembly of the name of the person who is to fill the vacancy.
(4) The person who is to fill the vacancy must be one who—
(a) is included in that list;
(b) is willing to serve as a London member; and
(c) is not a person to whom subsection (5) below applies.
(5) This subsection applies to a person if—
(a) he is not a member of the party; and
(b) the party gives notice to the Greater London returning officer that his name is not to be notified under subsection (3) above as the name of the person who is to fill the vacancy.
(6) Where more than one person satisfies the conditions in subsection (4) above, the Greater London returning officer shall notify the name of whichever of them is higher, or highest, in the list.
(7) Where a person’s name has been notified under subsection (3) above, his term of office as a London member—
(a) shall begin on the day on which the notification is received under that subsection, and
(b) shall end at the time when it would have ended had he been returned as a London member at the previous ordinary election,
and this Act shall apply as if the person had been declared to be returned as a London member on the day on which the notification under subsection (3) above is so received.
(1) The Mayor may at any time resign his office by giving notice to the proper officer of the Authority.
(2) Any such resignation shall take effect on the officer’s receipt of the notice.
(1) If the Mayor fails on six consecutive occasions to attend meetings of the Assembly held pursuant to section 52(3) below, he shall cease to be the Mayor.
(2) Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, ... 73, 78 ... or 79 of the Local Government Act 2000 , or suspended under section 31(4) of the Elections Act 2022, shall be disregarded for the purposes of subsection (1) above.
Where the Mayor—
(a) ceases to be qualified to be the Mayor,
(b) becomes disqualified from being the Mayor otherwise than—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ia) under section 34 of the Localism Act 2011,
(ib) by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc),
(ii) by virtue of a conviction, or
(iii) by virtue of a breach of any provision of Part II of the Representation of the People Act 1983, or
(c) ceases to be the Mayor by reason of failure to attend meetings of the Assembly,
the proper officer of the Authority shall forthwith declare his office to be vacant, unless it has been declared vacant by the High Court.
(1) Subsection (1) of section 9 above shall apply for the purpose of filling a casual vacancy in the office of Mayor as it applies for the purpose of filling a casual vacancy in the membership of the Assembly, but with the omission of paragraphs (a) and (b) and the substitution for paragraph (h) of—
(h) in the case of a person—
(i) ceasing to be qualified to be the Mayor, or becoming disqualified, for any reason other than one mentioned in paragraphs (c) to (g) above, or
(ii) ceasing to be the Mayor by reason of failure to attend meetings of the Assembly,
on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority, as the case may be.
(2) If a casual vacancy arises in the office of Mayor, the proper officer of the Authority shall give—
(a) notice of the vacancy to the Greater London returning officer; and
(b) public notice of the vacancy in every Assembly constituency.
(3) Any public notice under subsection (2)(b) above shall be given—
(a) by posting the notice in some conspicuous place or places in each Assembly constituency; and
(b) in such other manner, if any, as the officer considers desirable for giving publicity to the notice.
(4) Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of subsection (1) above as occurring.
(1) This section applies where a vacancy occurs in the office of the Mayor.
(2) Subject to subsection (9) below, an election shall be held to fill the vacancy.
(3) At the election, each person entitled to vote as an elector at the election shall have one vote which may be given for a candidate to be the Mayor .
(4) Section 4(2) (simple majority system) applies in relation to the election as it applies in relation to the election of the Mayor at an ordinary election.
(5) The date of the poll at the election shall be fixed by the Greater London returning officer in accordance with subsection (6) below.
(6) The date fixed shall be no later than 35 days after the date of the relevant event.
(7) In subsection (6) above, the relevant event means—
(a) in a case where the High Court or the proper officer of the Authority have declared the office to be vacant, the making of that declaration; or
(b) in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for Greater London.
(8) Section 243(4) of the Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (6) above as it applies for the purposes of section 89(1) of that Act.
(9) If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election.
(10) If—
(a) a person who is a candidate in an election to fill a vacancy in the office of Mayor is also a candidate in an election to fill a vacancy in an Assembly constituency, and
(b) that person is returned in both elections, but
(c) the circumstances are such that a vacancy does not arise in the Assembly constituency by virtue of section 8 above,
a vacancy shall arise in the Assembly constituency.
(11) The term of office of the person returned as the Mayor at the election—
(a) shall begin immediately upon his being declared to be returned as the Mayor; and
(b) shall end at the time when it would have ended had he been returned as the Mayor at the previous ordinary election.
Schedule 3 to this Act (which, by amending the Representation of the People Acts, makes provision for and in connection with treating elections under this Act as local government elections for the purposes of those Acts) shall have effect.
(1) Each candidate at the first election of the Mayor shall be entitled (subject to and in accordance with the provisions of Schedule 3A to this Act) to have an election address prepared on behalf of the candidate included in a booklet of election addresses—
(a) prepared by the Greater London returning officer; and
(b) sent by that officer, by post, to each elector in Greater London.
(2) In subsection (1) above elector, in relation to the election mentioned in that subsection—
(a) means a person who is registered in the register of local government electors for an electoral area in Greater London on the last day for publication of notice of the election; and
(b) includes a person then shown in any such register (or, in the case of a person who has an anonymous entry in any such register, in the record of anonymous entries for that electoral area) as below voting age if (but only if) it appears from the register (or from the record) that he will be of voting age on the day fixed for the poll.
(2A) In subsection (2)(b), “ anonymous entry ” and “ record of anonymous entries ” have the meaning given in section 202(1) of the Representation of the People Act 1983.
(3) The Secretary of State ... may by order make such provision as he considers appropriate for and in connection with enabling candidates—
(a) at ordinary elections other than the first such election, or
(b) at elections to fill vacancies in the office of Mayor or Assembly member,
to have their election addresses (within the meaning of the order) delivered, at the Authority’s expense, by a universal service provider (within the meaning of the Part 3 of the Postal Services Act 2011 ) or by any other means specified in the order.
(4) Without prejudice to the generality of subsection (3) above, an order under that subsection may make provision—
(a) for free delivery of election addresses to be available under the order only in the case of any specified description of election falling within paragraph (a) or (b) of that subsection or within section 2(7) above;
(b) for enabling the Authority to determine the descriptions of elections (if any) in the case of which free delivery of election addresses is to be so available;
(c) for regulating in any respect the form and manner in which free delivery of election addresses is to be so available;
(d) for restricting the number of separate mailings in respect of the free delivery of election addresses, whether—
(i) by limiting the number of separate election addresses by reference to any specified circumstances, or
(ii) by requiring the preparation of a single document incorporating all the election addresses to be delivered on behalf of candidates at a particular election,
or otherwise;
(e) for imposing conditions which must be satisfied by any candidate or candidates seeking to avail themselves of free delivery of election addresses under the order;
(f) for authorising election addresses falling to be delivered under the order to be disseminated by such means (other than those by which they are to be so delivered) as may be specified;
(g) for securing that civil or criminal liability in respect of material contained in any election address falling to be delivered under the order (including any such liability arising in connection with any dissemination of the material in pursuance of paragraph (f) above) is incurred only by the candidate on behalf of whom it falls to be so delivered or his election agent.
(5) In subsection (4) above—
free delivery of election addresses means the delivery of election addresses, in accordance with an order under subsection (3) above, at the Authority’s expense;
specified means specified in an order under subsection (3) above.
(6) Before making an order under subsection (3) above the Secretary of State ... shall consult—
(a) the Mayor and the London Assembly; and
(b) such other persons and bodies as he may determine to be appropriate.
(7) Schedule 3A to this Act (which makes provision supplementing subsection (1) above) shall have effect.
(1) A returning officer shall be entitled to recover expenditure properly incurred by him in relation to the holding of the first ordinary election if the expenditure—
(a) is of a kind determined by the Secretary of State; and
(b) is reasonable.
(2) The Secretary of State may determine a maximum recoverable amount for expenditure of such description as he may determine; and the returning officer may not recover more than that amount in respect of any such expenditure.
(3) The amount of any expenditure recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Secretary of State; but the Secretary of State must, before payment, satisfy himself that the expenditure in the account is properly payable.
(4) A returning officer must furnish the Secretary of State with such information or documents relating to an account submitted under subsection (3) above as the Secretary of State may require.
(5) The Secretary of State must prepare an account of any sums which are issued to him out of the Consolidated Fund by virtue of this section and of his use of those sums.
(6) The account required to be prepared under subsection (5) above must be audited by such body or person as the Treasury may determine.
(7) Any exercise by the Secretary of State of his functions under subsections (1) and (2) above shall require the consent of the Treasury.
(8) This section has effect in relation to the first ordinary election instead of section 36(4B) of the Representation of the People Act 1983.
(1) The Secretary of State may incur expenditure in doing anything which he considers expedient—
(a) in preparation for the holding of the first ordinary election,
(b) for the purpose of facilitating the conduct of the first ordinary election, or
(c) otherwise in connection with the holding of the first ordinary election.
(2) The Secretary of State must not, by virtue of subsection (1) above, incur expenditure of a kind which is recoverable by a returning officer under section 18 above.
(1) Subject to any disqualification by virtue of this Act or any other enactment, a person is qualified to be elected and to be the Mayor or an Assembly member if he satisfies the requirements of subsections (2) to (4) below.
(2) The person must be—
(a) a qualifying Commonwealth citizen;
(b) a citizen of the Republic of Ireland; or
(c) qualifying EU citizen or an EU citizen with retained rights .
(3) On the relevant day, the person must have attained the age of 18 years.
(4) The person must satisfy at least one of the following conditions—
(a) on the relevant day he is, and from that day continues to be, a local government elector for Greater London;
(b) he has, during the whole of the twelve months preceding that day, occupied as owner or tenant any land or other premises in Greater London;
(c) his principal or only place of work during that twelve months has been in Greater London;
(d) he has during the whole of that twelve months resided in Greater London.
(5) This section applies in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
(6) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
(7) In the application of this section by virtue of subsection (5) above, any reference to the day on which a person is nominated as a candidate shall be taken as a reference to the day on which notification of the person’s name is given under section 11(3) above by the Greater London returning officer.
(7A) For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—
(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
(7B) But a person is not a qualifying Commonwealth citizen by virtue of subsection (7A)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).
(8) In this section—
“ qualifying EU citizen ” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act);
...
the relevant day, in relation to any candidate, means—
the day on which he is nominated as a candidate and also, if there is a poll, the day of the election; or
if the election is not preceded by the nomination of candidates, the day of the election.
(1) A person is disqualified from being elected or being the Mayor or an Assembly member if—
(a) he is a member of staff of the Authority;
(b) he holds any of the offices or appointments for the time being designated by the Secretary of State in an order as offices or appointments disqualifying persons from being the Mayor or an Assembly member;
(c) he is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986 ;
(d) he has within five years before the day of the election, or since his election, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; ...
(e) he is disqualified under—
(i) section 85A or Part III of the Representation of the People Act 1983, ...
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
from being elected or being the Mayor or an Assembly member ; or
(f) the person is incapable of being elected to or holding—
(i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 ( S.I. 2001/2599 )) (undue influence);
(ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).
(1A) Subsection (1)(a) does not prevent a person appointed under section 67(1)(b) as the Deputy Mayor for Fire, or appointed under section 67(1)(b) and designated as the Deputy Mayor for Fire, from being elected as or being an Assembly member.
(2) A paid officer of a London borough council who is employed under the direction of—
(a) any of that council’s committees or sub-committees the membership of which includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or
(b) a joint committee the membership of which includes one or more members appointed on the nomination of that council and one or more members appointed on the nomination of the Authority acting by the Mayor,
(c) the executive or any committee of the executive of that council, where that council are operating executive arrangements and the membership of that executive includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or
(d) a member of the executive of that council, where that council are operating executive arrangements and that member is also the Mayor or a person appointed on the nomination of the Authority acting by the Mayor,
shall be disqualified from being elected or being the Mayor or an Assembly member.
(2A) In this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For the purposes of subsection (1)(d) above—
(a) the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires, or
(b) if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution,
shall be deemed to be the date of the conviction.
(6) This section shall apply in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
(7) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
(1) A person is disqualified from being elected or being the Mayor or an Assembly member if the person is subject to—
(a) any relevant notification requirements, or
(b) a relevant order.
(2) In this section “ relevant notification requirements ” means—
(a) the notification requirements of Part 2 of the Sexual Offences Act 2003;
(b) the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010;
(c) the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;
(d) the notification requirements of Schedule 1 to the Criminal Justice Act 2001 (an Act of Tynwald: c. 4).
(3) In this section “ relevant order ” means—
(a) a sexual harm prevention order under section 345 of the Sentencing Code;
(b) a sexual harm prevention order under section 103A of the Sexual Offences Act 2003;
(c) a sexual offences prevention order under section 104 of that Act;
(d) a sexual risk order under section 122A of that Act;
(e) a risk of sexual harm order under section 123 of that Act;
(f) a risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;
(g) a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;
(h) a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010;
(i) a child protection order under Article 11 of that Law;
(j) a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;
(k) a risk of sexual harm order under section 22 of that Law;
(l) a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of Tynwald: c. 20);
(m) a risk of sexual harm order under section 5 of that Act.
(4) For the purposes of subsection (1)(a), a person who is subject to any relevant notification requirements is not to be regarded as disqualified until—
(a) the expiry of the ordinary period allowed for making an appeal or application against the conviction, finding, caution, order or certification in respect of which the person is subject to the relevant notification requirements, or
(b) if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
(5) For the purposes of subsection (1)(b), a person who is subject to a relevant order is not to be regarded as disqualified until—
(a) the expiry of the ordinary period allowed for making an appeal against the relevant order, or
(b) if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
(6) This section applies in relation to being returned as a London member under section 11 otherwise than at an election as it applies in relation to being elected.
The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.
Section 92 of the Local Government Act 1972 (proceedings for disqualification) shall apply in relation to the Authority as it applies in relation to a local authority within the meaning of that section, but taking—
(a) any reference to a member of a local authority as a reference to the Mayor or an Assembly member;
(b) any reference to a local government elector for the area concerned as a reference to a local government elector for Greater London; and
(c) any reference to meetings of the local authority as a reference to meetings of the Assembly.
(1) The Authority shall pay to the Mayor and the Assembly members salaries at such levels—
(a) as the Authority from time to time determines; or
(b) before the first determination, as the Secretary of State directs.
(2) The Authority may pay to the Mayor and the Assembly members, in respect of expenses incurred in the exercise of their functions, allowances at such levels—
(a) as the Authority may from time to time determine; or
(b) before the first determination, as the Secretary of State may direct.
(3) A determination or direction under subsection (1) above may provide—
(a) for a higher level of salary to be payable to the Mayor than to any Assembly member;
(b) for higher levels of salaries to be payable to Assembly members holding the offices specified in subsection (4) below than to other Assembly members; and
(c) for different salaries to be payable to Assembly members holding different such offices.
(4) The offices mentioned in subsection (3)(b) above are—
(a) Deputy Mayor;
(b) Chair of the Assembly.
(5) A determination or direction under subsection (2) above may provide for different allowances for different cases.
(6) A determination under this section may provide for levels of salaries or allowances to change from time to time by reference to a specified formula.
(7) The Authority’s functions of making determinations under this section shall be functions of the Authority which are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
(8) The standing orders of the Authority must include provision for the publication of every determination under this section.
(9) The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.
(1) The Secretary of State may by order make provision such as is specified in subsection (3) below in relation to any Authority members to whom relevant remuneration is payable—
(a) pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House; or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) in respect of their membership of any other public body (whether elected or appointed) which is specified in the order.
(2) In this section—
Authority member means—
the Mayor; or
an Assembly member;
relevant remuneration means—
a salary; or
any allowance of a description specified by order made by the Secretary of State.
(3) The provision referred to in subsection (1) above is provision that the amount of the salary payable to an Authority member under section 24 above—
(a) shall be reduced to a specified proportion of what it otherwise would be or to a specified amount; or
(b) shall be reduced by the amount of the relevant remuneration payable to him as mentioned in subsection (1) above, by a specified proportion of that amount or by some other specified amount.
(4) An order under subsection (1) above may make different provision in relation to Authority members—
(a) to whom (apart from the order) different amounts of salary would be payable under section 24 above; or
(b) to whom different amounts of relevant remuneration are payable as mentioned in subsection (1) above.
(5) Such an order may include provision that it (or a specified part of it) is not to apply to a specified Authority member or description of Authority members—
(a) either indefinitely or for a specified period; and
(b) either unconditionally or subject to the fulfilment of specified conditions.
(1) The Authority may make such provision for the payment of pensions to or in respect of persons who have ceased to be the Mayor or an Assembly member—
(a) as the Authority may from time to time determine; or
(b) before the first determination, as the Secretary of State may direct.
(2) The provision which may be made under this section includes, in particular, provision for—
(a) the making of payments towards the provision of superannuation benefits;
(b) establishing and administering one or more schemes for the provision of such benefits;
(c) the making of such payments as are mentioned in paragraph (a) above to any scheme (whether or not established or administered by virtue of paragraph (b) above) of which the Mayor or an Assembly member may be or become a member.
(3) Different provision may be made under this section for different cases.
(4) The Authority’s function of determining the provision that may be made under subsection (1) above shall be a function of the Authority which is exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
(5) The standing orders of the Assembly must include provision for the publication of every determination under this section.
(6) The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.
(7) A determination or direction under this section shall not affect pensions in payment before the making of the determination or the giving of the direction.
(1) The Authority may establish and administer such schemes as it may from time to time determine for the making of payments to or in respect of persons on their ceasing to hold office as the Mayor or as an Assembly member.
(2) The power conferred by subsection (1) above includes power to make different provision for different cases.
(3) The Authority's functions under subsection (1) above are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
(4) The standing orders of the Assembly must include provision for the publication of every determination under this section.
(5) A determination under this section does not affect benefits in payment under this section before the making of the determination.
The standing orders of the Authority must contain provision for the publication of information relating to sums paid under sections 24 , 26 and 26A above for each financial year.
(1) A person elected to the office of Mayor or of an Assembly member shall not act in that office unless—
(a) he has made a declaration of acceptance of the office in a form prescribed in an order made by the Secretary of State; and
(b) within two months from the day of the election, the declaration has been delivered to the proper officer of the Authority.
(2) If such a declaration is not made and delivered to that officer within that time, the office of the person elected shall become vacant at the expiration of that time.
(3) The declaration shall be made before—
(a) two members of the Assembly;
(b) the proper officer of the Authority;
(c) a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man; or
(d) a commissioner appointed to administer oaths in the Senior Courts .
(4) Any person before whom a declaration is authorised to be made under this section may take the declaration.
(5) In relation to the first ordinary election, an order under section 3(4) above may make provision with respect to the making and delivery of declarations of acceptance of office in the case of the persons elected as the Mayor or Assembly members.
(6) An order made by virtue of subsection (5) above may (in particular) make provision—
(a) permitting declarations to be made before such person (other than those specified in subsection (3) above) as may be specified or described in the order;
(b) authorising any person specified or described under paragraph (a) above to take declarations;
(c) requiring declarations to be delivered to such person as may be specified or described in the order instead of the officer mentioned in subsection (1)(b) above; and
(d) requiring declarations delivered in accordance with provision made under paragraph (c) above to be transmitted to the proper officer of the Authority when one has been appointed.
(7) No salary, and no payment towards the provision of superannuation benefits, shall be paid under this Act to or in respect of the Mayor or an Assembly member until he has complied with the requirements of subsection (1) above.
(8) Subsection (7) above does not affect any entitlement of the Mayor or an Assembly member to payments in respect of the period before he complies with the requirements of subsection (1) above once he has complied with those requirements.
(9) This section applies in relation to a London member returned otherwise than at an election as if he had been elected on the day on which he is to be treated as returned.
In this Part, except where the context otherwise requires—
constituency returning officer means the returning officer at an election of an Assembly member for an Assembly constituency (see section 35(2B) of the Representation of the People Act 1983);
constituency vote has the meaning given by section 4(1)(b) above;
elector has the same meaning as in the Representation of the People Act 1983 (see section 202(1) of that Act);
. . .
Greater London returning officer means the person who is for the time being the proper officer of the Authority for the purposes of section 35(2C) of the Representation of the People Act 1983 (returning officer at elections of Mayor and London members);
local government elector means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;
. . .
London vote has the meaning given by section 4(1)(c) above;
...
registered political party has the meaning given by section 4(11) above;
. . .
vote and voter have the same meaning as in the Representation of the People Act 1983 (see section 202(1) of that Act).
(1) The Authority shall have power to do anything which it considers will further any one or more of its principal purposes.
(2) Any reference in this Act to the principal purposes of the Authority is a reference to the purposes of—
(a) promoting economic development and wealth creation in Greater London;
(b) promoting social development in Greater London; and
(c) promoting the improvement of the environment in Greater London.
(3) In determining whether or how to exercise the power conferred by subsection (1) above to further any one or more of its principal purposes, the Authority shall have regard to the desirability of so exercising that power as to—
(a) further the remaining principal purpose or purposes, so far as reasonably practicable to do so; and
(b) secure, over a period of time, a reasonable balance between furthering each of its principal purposes.
(4) In determining whether or how to exercise the power conferred by subsection (1) above, the Authority shall have regard to the effect which the proposed exercise of the power would have on each of the following —
(a) the health of persons in Greater London;
(aa) health inequalities between persons living in Greater London;
(b) the achievement of sustainable development in the United Kingdom,
(c) climate change, and the consequences of climate change.
(5) Where the Authority exercises the power conferred by subsection (1) above, it shall do so in the way which it considers best calculated—
(a) to promote improvements in the health of persons in Greater London,
(aa) to promote the reduction of health inequalities between persons living in Greater London, ...
(b) to contribute towards the achievement of sustainable development in the United Kingdom, and
(c) to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,
except to the extent that the Authority considers that any action that would need to be taken by virtue of paragraph (a) , (aa) , (b) or (c) above is not reasonably practicable in all the circumstances of the case.
(6) In subsection (5)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of the power.
(6A) In subsection (5)(aa) above, the reference to promoting the reduction of health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of the power.
(7) The Secretary of State may issue guidance to the Authority concerning the exercise by the Authority of the power conferred by subsection (1) above.
(8) In deciding whether or how to exercise that power, the Authority shall have regard to any guidance issued under subsection (7) above.
(9) Any guidance issued under subsection (7) above shall be published by the Secretary of State in such manner as he considers appropriate.
(10) The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(11) In this section—
(a) “ climate change ” has the same meaning as in section 361A below, and
(b) in relation to climate change, “ adaptation ”, “ consequences ” and “ mitigation ” have the same meaning as in that section.
(1) The Authority shall not by virtue of section 30(1) above incur expenditure in doing anything which may be done by—
(a) Transport for London;
(b) the Mayor's Office for Policing and Crime; or
(c) the London Fire Commissioner.
(1A) In determining whether to exercise the power conferred by section 30(1) above, the Authority must seek to secure that it does not incur expenditure in doing anything which is being done by a Mayoral development corporation.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Authority shall not by virtue of section 30(1) above incur expenditure in providing—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) any education services,
(c) any social services, or
(d) any health services,
in any case where the provision in question may be made by a London borough council, the Common Council or any other public body.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) The reference in subsection (3) above to providing any education services does not include sponsoring Academies or facilitating their sponsorship.
(5) Any reference in subsection (3) above to the provision of social services is a reference to the exercise of any social services function within the meaning of the Local Authority Social Services Act 1970
(5A) Any reference in subsection (3) above to the provision of health services does not include a reference to the provision of services or facilities for promoting improvements in, or protecting, public health.
(5B) Nothing in subsection (1)(a) above shall be taken to prevent the Authority incurring expenditure in doing anything for the purposes of, or relating to, housing or regeneration.
(6) Nothing in subsections (1) to (5A) above shall be taken to prevent the Authority incurring expenditure in co-operating with, or facilitating or co-ordinating the activities of, the bodies mentioned in those subsections.
(7) The Secretary of State may by order amending this section make further provision for preventing the Authority from doing by virtue of section 30(1) above anything—
(a) which may be done by a London borough council, the Common Council or a public body, and
(b) which is specified, or is of a description specified, in the order.
(8) The Secretary of State may by order impose limits on the expenditure which may be incurred by the Authority by virtue of section 30(1) above.
(9) The Secretary of State may by order amending this section make provision removing or restricting any prohibitions or limitations imposed by this section on what may be done by the Authority by virtue of section 30(1) above.
(1) The power conferred by section 30(1) above is exercisable only after consultation with such bodies or persons as the Authority may consider appropriate in the particular case.
(2) In determining what consultation (if any) is appropriate under subsection (1) above, the bodies which, and persons whom, the Authority considers consulting must include—
(a) any London borough council;
(b) the Common Council; and
(c) bodies of each of the descriptions specified in subsection (3) below.
(3) Those descriptions are—
(a) voluntary bodies some or all of whose activities benefit the whole or part of Greater London;
(b) bodies which represent the interests of different racial, ethnic or national groups in Greater London;
(c) bodies which represent the interests of different religious groups in Greater London;
(d) bodies which represent the interests of persons carrying on business in Greater London.
(4) The Authority may make arrangements with—
(a) any London borough council,
(b) the Common Council,
(c) bodies of the descriptions specified in subsection (3) above, and
(d) such other bodies or persons as it may consider appropriate,
for the purpose of facilitating the carrying out by the Authority of consultation pursuant to this section or any other provision of this Act.
(5) The functions conferred on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(1) The Authority shall make appropriate arrangements with a view to securing that—
(a) in the exercise of the power conferred on the Authority by section 30 above,
(b) in the formulation of the policies and proposals to be included in any of the strategies mentioned in section 41(1) below, and
(c) in the implementation of any of those strategies,
there is due regard to the principle that there should be equality of opportunity for all people.
(2) After each financial year the Authority shall publish a report containing—
(a) a statement of the arrangements made in pursuance of subsection (1) above which had effect during that financial year; and
(b) an assessment of how effective those arrangements were in promoting equality of opportunity.
(3) The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(1) The Authority, acting by the Mayor, by the Assembly, or by both jointly, may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the Authority exercisable by the Mayor or, as the case may be, by the Assembly or by both acting jointly.
(2) The Authority shall not by virtue of this section raise money (whether by precepts, borrowing or otherwise) or lend money, except in accordance with the enactments relating to those matters.
(1) The Authority may carry on specified activities for a commercial purpose only if it does so—
(a) through a company that is a subsidiary of the Authority, or
(b) in pursuance of an authorisation under section 38(1), through—
(i) a body that is specified in section 38(2) and is within the charge to corporation tax, or
(ii) a company that is a subsidiary of a body specified in section 38(2).
(2) Subsection (3) applies if—
(a) the Authority carries on a specified activity for a commercial purpose otherwise than as permitted by subsection (1), and
(b) the activity is actually carried on by a body (whether the Authority or another) that, disregarding this section, is in respect of the carrying-on of the activity exempt from corporation tax and income tax.
(3) The body mentioned in subsection (2)(b) is to be treated in respect of the carrying-on of the activity as not being a local authority for the purposes of—
(a) section 984 of the Corporation Tax Act 2010 (exemption of local authorities from corporation tax),
(b) section 838 of the Income Tax Act 2007 (exemption of local authorities from income tax), and
(c) section 271 of the Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).
(4) In this section—
“ company ” means—
a company within the meaning given by section 1(1) of the Companies Act 2006, or
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969, and
“ specified activity ” means an activity specified in an order made by the Secretary of State with the consent of the Treasury.
(1) Any function transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed) shall, in accordance with the provisions of this Act, be exercisable—
(a) only by the Mayor acting on behalf of the Authority;
(b) only by the Assembly so acting; or
(c) only by the Mayor and Assembly jointly so acting.
(2) Any function—
(a) which is transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed), and
(b) which (apart from this subsection) is not made exercisable on behalf of the Authority by the Mayor, by the Assembly, or by the Mayor and the Assembly acting jointly,
shall be exercisable only by the Mayor acting on behalf of the Authority.
(3) Any function transferred to, or conferred or imposed on, the Mayor by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor acting on behalf of the Authority.
(4) Any function transferred to, or conferred or imposed on, the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Assembly acting on behalf of the Authority.
(5) Any function transferred to, or conferred or imposed on, the Mayor and the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor and Assembly acting jointly on behalf of the Authority.
(6) Subsections (3) and (4) above are subject to subsection (5) above.
(7) Any reference in this Act to—
(a) functions of the Authority,
(b) functions of the Mayor,
(c) functions of the Assembly, or
(d) functions of the Mayor and Assembly,
shall be construed in accordance with the foregoing provisions of this section.
(8) Subsections (1) to (7) above are subject to any express provision to the contrary in this Act.
(9) Subsections (2) and (3) above are without prejudice to sections 38 and 380 below and Schedule 4 to this Act.
(10) This section is subject, in particular, to Part II of the Deregulation and Contracting Out Act 1994 (contracting out).
(1) The Assembly, in consultation with the Mayor, may make standing orders of the Authority.
(2) The procedure of the Assembly, and of any committees or sub-committees of the Assembly, shall be regulated by the standing orders of the Authority.
(3) Standing orders of the Authority may make provision regulating the procedure to be followed—
(a) by any member of the Assembly, or
(b) by any member of staff of the Authority,
by whom functions of the Authority are exercisable pursuant to arrangements under section 54 below.
(4) Standing orders of the Authority may make provision regulating the procedure to be followed by the Mayor or by the Assembly in discharging any functions of the Mayor or the Assembly, to the extent that the functions—
(a) consist of consultation, or any other interaction or relationship, between the Mayor and the Assembly; or
(b) are exercisable by the Mayor in relation to the Assembly or by the Assembly in relation to the Mayor.
(5) Standing orders of the Authority may make provision for any other matter for which provision by standing orders of the Authority is authorised or required by or under any other provision of this Act or any other enactment.
(6) Subsections (2) to (5) above are subject to any other provision of this Act or any other enactment which regulates, or provides for the regulation of, the procedure of the Assembly or any procedure to be followed by the Mayor.
(7) Standing orders of the Authority may make different provision for different circumstances.
(8) The Assembly, after consultation with the Mayor, may at any time vary or revoke any standing orders of the Authority.
(9) Neither section 38 below nor section 54 below shall apply in relation to the functions of the Mayor or the Assembly under this section.
Schedule 4 to this Act shall have effect with respect to the discharge of functions during periods when—
(a) there is a vacancy in the office of Mayor; or
(b) there is no such vacancy but the Mayor is unable to act in his office.
(1) Any function exercisable on behalf of the Authority by the Mayor shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
(2) Those bodies and persons are—
(a) the Deputy Mayor;
(b) any member of staff of the Authority;
(c) Transport for London;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(da) any Mayoral development corporation;
(db) the Homes and Communities Agency;
(e) the Common Council;
(f) any local authority.
(2A) In relation to functions exercisable by the Mayor under Part 11 of the Planning Act 2008 (Community Infrastructure Levy) subsection (2) has effect with the omission of paragraphs (c) to (f).
(2B) In relation to a function listed in subsection (2C), subsection (2) has effect—
(a) as if paragraph (b) referred only to members of staff appointed under section 67(1), and
(b) with the omission of paragraphs (c) to (f).
(2C) The functions referred to in subsection (2B) are—
(a) the function of giving a direction under section 2A(1) or (1B) of the Town and Country Planning Act 1990 (call-in of planning applications by the Mayor), and
(b) the function of determining an application by virtue of section 2A or 2B of that Act.
(3) In the case of the Homes and Communities Agency, the Common Council or a local authority, an authorisation under this section—
(a) may only be granted or varied with its written consent; and
(b) shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.
(4) Subject to subsection (5A), where , by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
(5) Subject to subsection (5A), subsection (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by—
(a) a committee or sub-committee, or a member, officer or employee, of the body or person, or
(b) a joint committee on which the body or person is represented,
except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
(5A) Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by a local authority which are operating executive arrangements—
(a) that duty shall be treated as a function of that local authority for the purposes of section 13 of the Local Government Act 2000; and
(b) if, or to the extent that, that duty is a function which is the responsibility of the executive of that authority—
(i) subsections (4) and (5) above shall not apply; and
(ii) sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
(6) Subsection (1) above does not apply—
(a) in relation to functions under this section;
(b) in relation to any function of making appointments under subsection (1) of section 67 below (which, subject to the provisions of Schedule 4 to this Act, shall be exercisable only by the Mayor); or
(c) in relation to any function under Part X below (in relation to which provision for delegation is made under that Part).
(7) Each of the following bodies, namely—
(a) Transport for London,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ba) any Mayoral development corporation,
(bb) the Homes and Communities Agency,
(c) the Common Council,
(d) any local authority,
shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
(8) Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor—
(a) to a local authority, or
(b) to Transport for London, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as they apply to arrangements under that section between one local authority and another.
(8A) An authorisation given by the Mayor under subsection (1) above to a Mayoral development corporation in relation to a function does not prevent the Mayor from exercising the function.
(8B) An authorisation given by the Mayor under subsection (1) above to the Homes and Communities Agency in relation to a function does not prevent the Mayor from exercising the function.
(9) An authorisation under this section may be varied or revoked at any time by the Mayor.
(10) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
(11) For the purposes of this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.
(1) Where any functions exercisable on behalf of the Authority by the Mayor are, by virtue of an authorisation under section 38(1) above, also exercisable by one or more local authorities, the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint discharge of the functions by a joint committee.
(2) Where—
(a) a statutory function of the Authority is exercisable, or has been exercised, by the Mayor acting on behalf of the Authority, and
(b) the exercise, or any particular exercise, of that function will or may affect, or be affected by, the exercise, or any particular exercise, of statutory functions of local authorities (whether or not the functions are the same in the case of each such authority),
the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint exercise of any of the statutory functions mentioned in paragraph (a) or (b) above by a joint committee, as if those functions were exercisable by the Mayor acting on behalf of the Authority and by each local authority.
(3) For the purposes of subsection (2) above, the exercise of a function shall be taken to affect, or be affected by, the exercise of another function if the functions are exercisable for the same, or for similar or connected, purposes or in relation to the same, or similar or connected, subject matter.
(4) For the purposes of subsections (1) and (2) above, sections 101(5) and 102 to 106 of the Local Government Act 1972 shall have effect as if the Authority acting by the Mayor were a local authority.
(5) Any arrangements made by virtue of subsection (1) or (2) above for the discharge of any functions by a joint committee (or by a sub-committee of a joint committee) shall not prevent the Mayor or any local authority, or the joint committee by whom the arrangements are made, from exercising the functions.
(6) A person who is disqualified under section 21 above from being elected or being the Mayor or an Assembly member, otherwise than by reason only of being a member of staff of the Authority, shall be disqualified from being a member of a joint committee established by virtue of subsection (1) or (2) above or of any sub-committee of such a committee.
(7) Subject to that, the Mayor or any other individual may be appointed as a representative of the Authority on any joint committee established by virtue of subsection (1) above and any such representative may be appointed as a member of any sub-committee of such a joint committee.
(8) Any reference in this section to a local authority includes a reference to the Common Council.
(1) A Minister of the Crown may, to such extent and subject to such conditions as that Minister thinks fit, delegate to the Mayor any of that Minister's eligible functions.
(2) A function is eligible for the purposes of subsection (1) above if—
(a) it does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and
(b) the Secretary of State considers that it can appropriately be exercised by the Mayor.
(3) No delegation under subsection (1) above, and no variation of a delegation under subsection (1) above, may be made without the agreement of the Mayor.
(4) Before making or varying a delegation under subsection (1) above, a Minister of the Crown must consult—
(a) each London borough council,
(b) the Common Council, and
(c) the Assembly.
(5) A delegation under subsection (1) above may be revoked at any time by any Minister of the Crown.
(6) Section 38 above does not apply in relation to functions delegated under subsection (1) above.
(1) Part II of the Deregulation and Contracting Out Act 1994 (contracting out) shall be amended as follows.
(2) In section 70 (functions of local authorities) in subsection (1)(b), after section 56 of the Local Government (Scotland) Act 1973 there shall be inserted “ or section 38 or 380 of the Greater London Authority Act 1999 ” .
(3) After subsection (5) of that section (which implies certain terms into arrangements under section 101 of the Local Government Act 1972 etc) there shall be inserted—
(6) Any reference in subsection (5) above to arrangements under section 101 of the Local Government Act 1972 includes a reference to an authorisation under section 38 or 380 of the Greater London Authority Act 1999.
(4) In section 79(1) (interpretation of Part II) in the definition of local authority, in paragraph (a), after London borough council, there shall be inserted “ the Greater London Authority acting through the Mayor of London, ” .
(1) This section applies to—
(a) the transport strategy prepared and published under section 142 below,
(b) the Economic development strategy for London prepared and published under section 333F below,
(bb) the health inequalities strategy prepared and published under section 309E below,
(bc) the London housing strategy prepared and published under section 333A below,
(c) the spatial development strategy prepared and published under Part VIII below,
(ca) the London Environment Strategy,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ef) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) the culture strategy prepared and published under section 376 below.
(2) The Mayor shall keep each of the strategies mentioned in subsection (1) above under review and shall make such revisions of those strategies as he considers necessary.
(3) Subsection (2) above does not apply in relation to the spatial development strategy (for which separate provision as to review is made by section 340 below).
(4) In preparing or revising any strategy mentioned in subsection (1) above, the Mayor shall have regard to—
(a) the principal purposes of the Authority;
(b) the effect which the proposed strategy or revision would have on each of the following —
(i) the health of persons in Greater London;
(ia) health inequalities between persons living in Greater London;
(ii) the achievement of sustainable development in the United Kingdom;
(iii) climate change, and the consequences of climate change; and
(c) the matters specified in subsection (5) below.
(5) Those matters are—
(a) the need to ensure that the strategy is consistent with national policies , with the EU obligations of the United Kingdom and with such other international obligations of the United Kingdom as the Secretary of State may notify to the Mayor for the purposes of this paragraph;
(b) the need to ensure that the strategy is consistent with each other strategy mentioned in subsection (1) above;
(c) the resources available for implementation of the strategy; and
(d) the desirability of promoting and encouraging the use of the River Thames safely, in particular for the provision of passenger transport services and for the transportation of freight.
(6) The Mayor—
(a) in considering whether any strategy mentioned in subsection (1) above needs to be revised,
(b) in implementing any such strategy, or
(c) in exercising in relation to the spatial development strategy any of his functions under sections 334 to 341 below,
shall have regard to the matters specified in subsection (5) above.
(7) Where the Mayor prepares or revises any strategy mentioned in subsection (1) above, he shall include such of the available policies and proposals relating to the subject matter of the strategy as he considers best calculated—
(a) to promote improvements in the health of persons in Greater London,
(aa) to promote the reduction of health inequalities between persons living in Greater London, and
(b) to contribute towards the achievement of sustainable development in the United Kingdom , and
(c) to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,
except to the extent that he considers that any action that would need to be taken by virtue of paragraph (a) , (aa) , (b) or (c) above is not reasonably practicable in all the circumstances of the case.
(8) In subsection (7)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the strategy or revision.
(8A) In subsection (7)(aa) above, the reference to promoting the reduction of health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the strategy or revision.
(9) The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above , except the London housing strategy, as he may consider appropriate, having regard to—
(a) any related targets or objectives set nationally; and
(b) any performance indicators set by the Secretary of State, whether nationally or locally, which affect the exercise of functions by authorities involved in the implementation of the strategy;
and in setting any such targets the Mayor shall seek to secure that they are not less demanding than any related targets or objectives which are set nationally.
(9A) In exercising any function the Mayor must have regard to any strategy mentioned in subsection (1) which is relevant to the exercise of that function.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) In this section—
(a) “ climate change ” has the same meaning as in section 361A below, and
(b) in relation to climate change, “ adaptation ”, “ consequences ” and “ mitigation ” have the same meaning as in that section.
(1) In preparing or revising any strategy to which this section applies the Mayor shall consult—
(a) the Assembly,
(b) the functional bodies,
(c) each London borough council,
(d) the Common Council, and
(e) any other body or person whom he considers it appropriate to consult.
(2) In determining what consultation (if any) is appropriate under subsection (1)(e) above, the bodies which, and persons whom, the Mayor considers consulting must include bodies of each of the descriptions specified in section 32(3) above.
(3) The strategies to which this section applies are those mentioned in section 41(1) above, other than the spatial development strategy (for which separate provision as to consultation and other aspects of public participation is made by Part VIII below).
(4) Subsection (1) above is without prejudice to any other duty imposed on the Mayor in relation to consultation.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In any case where—
(a) the Mayor proposes to revise any of the strategies to which this section applies, and
(b) he considers that the proposed revisions will not materially alter the strategy in question,
the Mayor is not required to carry out consultation in accordance with this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies where the Mayor has prepared, and is ready to publish, a draft of any of the strategies to which section 41 applies (including a revised version of the strategy).
(2) But this section does not apply to a revised version of a strategy containing only revisions which—
(a) are specified in a direction as to the contents of the strategy which is given to the Mayor under this Act (or which the Mayor considers are necessary in consequence of any revisions so specified); or
(b) are not so specified but the Mayor considers to be necessary to comply with such a direction.
(3) Before publishing the strategy (or, in the case of the housing strategy, before submitting the draft to the Secretary of State) the Mayor must lay a copy of the draft before the Assembly in accordance with the standing orders of the Authority.
(4) The Mayor must not publish the strategy (or, in the case of the housing strategy, submit the draft to the Secretary of State) if, within the period of 21 days beginning with the day on which the copy is laid before the Assembly, the Assembly resolves to reject the draft.
(5) A motion for the Assembly to reject a draft strategy—
(a) must be considered at a meeting of the Assembly throughout which members of the public are entitled to be present; and
(b) is not carried unless it is agreed to by at least two thirds of the Assembly members voting.
(1) The Mayor shall take such steps as in his opinion will give adequate publicity to the current version of each strategy to which section 42 above applies.
(2) The Mayor shall send to the Common Council and to each London borough council a copy of the current version of each strategy mentioned in section 41(1) above.
(3) A copy of the current version of each such strategy shall be kept available by the Mayor for inspection by any person on request free of charge—
(a) at the principal offices of the Authority, and
(b) at such other places as the Mayor considers appropriate,
at reasonable hours.
(4) A copy of the current version of each such strategy, or any part of such a strategy, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.
(4A) But if a copy of the current version of the spatial development strategy is available for inspection free of charge by appropriate electronic means, subsections (3) and (4) do not apply in relation to the current version of that strategy.
(4B) For the purposes of subsection (4A), a copy of the current version of the spatial development strategy is available for inspection “by appropriate electronic means” if arrangements have been made such that it is available for inspection by electronic means in a reasonably convenient way.
(4C) Before making any arrangements for the purposes of subsection (4B) , the Mayor must have regard to any guidance issued by the Secretary of State as to—
(a) how a copy of the current version of the spatial development strategy should be made available by electronic means;
(b) the arrangements (if any) that may be appropriate to mitigate the effects on a person of not being able to inspect a copy of the strategy, or finding it difficult to do so, by electronic means.
(5) Any reference in this section to the current version of a strategy or part of a strategy is a reference—
(a) in the case of the spatial development strategy, to that strategy as last published, whether originally or by way of replacement, and to any published alteration thereof for the time being having effect; and
(b) in the case of any other strategy, to that strategy as last published, whether originally or as revised.
Greater London Authority Act 1999 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/ukpga-1999-29
Contains public sector information licensed under the Open Government Licence v3.0.
本頁資料來源：legislation.gov.uk (The National Archives)·整理提供：法律人 LawPlayer· lawplayer.com