Section 296.
Interpretation
1 (1) In this Schedule, except where the context otherwise requires—
“borough scheme” means any licensing scheme other than a TfL scheme;
“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing;
“controlled vehicle” shall be construed in accordance with paragraph 5 below (but subject to any provision made by, or by regulations made by virtue of, any other provision of this Schedule);
“employed” means employed under a contract of employment;
“employee” means a person employed under a contract of employment;
“licence” means a licence authorising the parking of a maximum number of controlled vehicles at any one time in parking places provided at the licensed premises by the occupier of those premises; and “licensed unit” means each unit comprised in that maximum number;
“licensed premises”, in the case of any licence, means the premises to which the licence relates;
“licensing area” means an area to which a licensing scheme applies;
“licensing authority” means an authority which is the maker of a licensing scheme;
“licensing scheme” means a scheme for the licensing of persons providing workplace parking places at premises in an area designated in the scheme;
“motor vehicle” has the same meaning as in section 295 of this Act;
“net proceeds”, in relation to a licensing scheme and a financial year, means the amount (if any) by which—
(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed
(b) the expenses incurred for or in connection with the scheme which are so attributable;
“occupier”, in relation to any premises, means the person who is the occupier for the purposes of non-domestic rates;
“penalty charge” has the same meaning as in paragraph 18 below;
“penalty charge notice” means notice of a penalty charge;
“prescribed” means specified in, or determined in accordance with, regulations;
“regulations” means (except where otherwise provided)regulations made by the Secretary of State;
“relevant transport purpose” means any purpose which directly or indirectly facilitates the implementation of any policies or proposals set out in the Mayor’s transport strategy;
“TfL scheme” means a licensing scheme made by Transport for London;
“workplace parking place” means a parking place provided and occupied as mentioned in paragraph 3 below.
(2) For the purposes of this Schedule—
(a) the amounts received under or in connection with a licensing scheme, and
(b) the expenses incurred for or in connection with such a scheme,
and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.
(3) Any reference in this Schedule to a class of motor vehicles is a reference to a class defined or described by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever.
(4) For the purposes of this Schedule—
(a) the City of London shall be treated as if it were a London borough;
(b) the Common Council shall be treated as if it were the council for a London borough; and
(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.
Authority functions exercisable by the Mayor
2 Any functions conferred or imposed on the Authority by or under this Schedule are exercisable by the Mayor acting on behalf of the Authority.
Provision of workplace parking places
3 (1) For the purposes of this Schedule and section 296 of this Act, a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time occupied by a motor vehicle used—
(a) by a relevant person, or
(b) by an employee, agent, supplier, business customer or business visitor of a relevant person, or
(c) by a pupil or student attending a course of education or training provided by a relevant person, or
(d) where a body whose affairs are controlled by its members is a relevant person, by a member of the body engaged in the carrying on of any business of the body,
for attending a place at which the relevant person carries on business at or in the vicinity of the premises.
(2) In this paragraph “relevant person” means—
(a) the person who provides the parking place in question;
(b) any other person with whom that person has entered into arrangements to provide the parking place (whether or not for that other person’s own use); or
(c) any person who is associated with a person who falls within paragraph (a) or (b) above.
(3) For the purposes of sub-paragraph (2)(c) above any two persons are “associated” if and only if—
(a) one is a company of which the other (directly or indirectly) has control; or
(b) both are companies of which a third person (directly or indirectly) has control.
(4) For the purposes of this paragraph—
“business” includes—
any trade, profession, vocation or undertaking;
the functions of any office holder;
the provision of any course of education or training; and
the functions of, or any activities carried on by, a government department, local authority or other statutory body;
“business customer”, in relation to a relevant person, means a client or customer of the relevant person who is attending at the premises of the relevant person for the purposes of a business carried on by that client or customer;
“business visitor”, in relation to a relevant person, means an individual who—
in the course of his employment, or
in the course of carrying on a business or for the purposes of a business carried on by him,
is visiting the relevant person or any premises whose occupier is the relevant person;
“supplier”, in relation to a relevant person, means—
a person supplying, or seeking to supply, goods or services to the relevant person for the purposes of a business carried on by the relevant person; or
any agent or sub-contractor of such a person.
Power to amend paragraph 3 above
4 The Secretary of State may by regulations amend paragraph 3 above for the purpose of adding, removing or varying cases where, for the purposes of this Schedule and section 296 of this Act, a person provides a workplace parking place.
Controlled vehicles
5 Where the provision of a parking place for a motor vehicle by a person at any premises constitutes the provision of a workplace parking place, then, for the purposes of this Schedule, the vehicle is a “controlled vehicle” as respects that person and those premises, subject to any exemption conferred by a licensing scheme.
Conditions for making a licensing scheme
6 A licensing scheme may only be made if it appears desirable or expedient for the purpose of directly or indirectly facilitating the implementation of any policies or proposals set out in the Mayor’s transport strategy.
Making a licensing scheme
7 (1) Any licensing scheme must be contained in an order—
(a) made under this Schedule by the authority making the scheme; and
(b) submitted to, and confirmed (with or without modification) by, the Authority.
(2) An order containing a licensing scheme shall be in such form as the Authority may determine.
(3) The Authority may—
(a) consult, or require an authority making a licensing scheme to consult, other persons;
(aa) require such an authority to publish its proposals for the scheme and to consider objections to the proposals;
(b) hold an inquiry, or cause an inquiry to be held, for the purposes of any order containing a licensing scheme;
(c) appoint the person or persons by whom any such inquiry is to be held;
(d) make modifications to any such order, whether in consequence of any objections or otherwise, before the order takes effect;
(da) require the authority by whom any such order is made to publish notice of the order and of its effect.
(e) require any such order to include such exemptions for such purposes as the Authority may determine.
(4) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3)(b) above.
(5) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a licensing scheme—
(a) the costs of the inquiry shall be paid by the licensing authority; and
(b) the parties at the inquiry shall bear their own costs.
Scheme to conform with Mayor’s transport strategy
8 A licensing scheme must be in conformity with the Mayor’s transport strategy.
Approval of Authority required for inclusion of certain provisions
9 The approval of the Authority must be obtained before there is included in a borough scheme any provision of a description specified in a direction under this paragraph given by the Authority to the London borough councils.
Joint licensing schemes
10 (1) The Authority may authorise or require two or more London borough councils acting jointly to make a licensing scheme applying to the whole or part of their combined areas (a “joint licensing scheme”).
(2) In the application of this Schedule in relation to a joint licensing scheme, any reference to the licensing authority is a reference to all or any of the London borough councils concerned.
The contents of a licensing scheme
11 A licensing scheme must—
(a) designate the area to which it applies;
(b) state the days on which, and hours during which, the authorisation of a licence is required;
(c) specify the rates of charge applicable in respect of licences.
Prohibition on multiple licensing schemes
12 The same premises shall not be subject to more than one licensing scheme at the same time.
The charges
13 (1) The rates of charge applicable in respect of licences shall be expressed as a specified sum of money for each licensed unit.
(2) The rates of charge that may be imposed by a licensing scheme include different charges (which may be no charge) for—
(a) different days;
(b) different times of day;
(c) different parts of a licensing area;
(d) different classes of controlled vehicles;
(e) different numbers of licensed units.
(3) In setting the rates of charge, regard may be had to the purposes for which the licensing authority is to apply the net proceeds of the scheme.
The contents of a licence
14 (1) A licence under a licensing scheme must—
(a) state the name of the person to whom it is granted;
(b) identify the premises to which it relates;
(c) specify the maximum number of controlled vehicles which may be parked at those premises at any one time; and
(d) state the amount paid in respect of the licence and set out the calculation of that amount.
(2) A licence may be granted subject to conditions.
Duration of licences
15 A licence may not be granted for a period of more than one year.
Licensing: procedure
16 (1) A licensing scheme may include provision for or in connection with—
(a) the making of an application for a licence;
(b) the grant of a licence (which must be for the licensed units applied for);
(c) the issue of a licence;
(d) the variation or revocation of a licence.
(2) A person who intentionally provides false or misleading information in or in connection with an application for a licence is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine.
Exemptions, reduced rates etc
17 (1) The Secretary of State may by regulations make provision for or in connection with exempting—
(a) a prescribed number of parking places provided at any premises from being workplace parking places, or
(b) any prescribed class of motor vehicles from being controlled vehicles,
whether generally or in the case of any prescribed description of premises or any prescribed description of disabled or other persons.
(2) The Secretary of State may by regulations make provision for or in connection with—
(a) exemptions from licensing,
(b) the application of reduced rates of charges for licences, or
(c) the imposition of limits on the charges payable for a licence,
in the case of any prescribed description of premises or any prescribed description of disabled or other persons or, in the case of paragraph (b) or (c) above, any prescribed class of motor vehicles.
(3) Subject to any regulations under sub-paragraph (1) or (2) above and to paragraphs 7 and 9 above, a licensing scheme may make provision exempting—
(a) a specified number of parking places provided at any premises from being workplace parking places, or
(b) any class of motor vehicles from being controlled vehicles,
whether generally or in relation to persons or premises of a particular description.
(4) Subject to any regulations under sub-paragraph (1) or (2) above and to paragraphs 7 and 9 above, a licensing scheme may make provision for or in connection with—
(a) exemptions from licensing,
(b) the application of reduced rates of charges for licences, or
(c) the imposition of limits on the charges payable for a licence,
in the case of any particular description of persons or premises or, in the case of paragraph (b) or (c) above, any particular class of motor vehicles.
Penalty charges
18 (1) Regulations may make provision for or in connection with the imposition and payment of penalty charges in respect of acts, omissions, events or circumstances relating to or connected with a licensing scheme.
(2) Regulations under sub-paragraph (1) above may make provision for or in connection with setting the rates of penalty charges (which may include provision for discounts or surcharges).
(3) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.
Liability for charges
19 Charges imposed in respect of any premises by a licensing scheme (including penalty charges imposed in respect of any premises) shall be paid—
(a) by the occupier of the premises; or
(b) in prescribed circumstances, by such person as is prescribed.
Determination of disputes and appeals
20 The Lord Chancellor may by regulations make provision for or in connection with—
(a) appeals against decisions relating to licences or in the case of a failure to make such a decision;
(b) the determination of disputes;
(c) appeals against determinations of disputes or in the case of a failure to make such a determination;
(d) the appointment of persons to hear appeals.
Accounts and funds
21 (1) A licensing authority shall keep an account relating to each of the authority’s licensing schemes.
(2) Each of the following bodies, namely—
(a) the Authority,
(b) Transport for London, and
(c) a London borough council,
shall keep an account relating to the sums received by the body which represent net proceeds of licensing schemes for which the body is not the licensing authority.
(3) Each of the bodies required to keep an account under sub-paragraph (1) or (2) above shall prepare a statement of that account for each financial year.
(4) A statement of account required to be prepared under sub-paragraph (3) above for any financial year shall be published—
(a) in the case of a statement of account prepared by Transport for London, in the annual report of Transport for London under section 161 of this Act for that year;
(b) in any other case, in the annual accounts for that year of the body which prepared the statement of account.
(4A) Regulations may make further provision relating to—
(a) accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one licensing scheme); and
(b) the preparation and publication of statements of such accounts.
(5) At the end of each financial year—
(a) any deficit in an account required to be kept under sub-paragraph (1) or (2) above shall be made good out of the body’s general fund; and
(b) any surplus in any such account (after the application of any of the net proceeds in accordance with the following provisions)shall be dealt with in accordance with sub-paragraphs (6) and (7) below.
(6) Any such surplus shall be applied towards making good to the general fund any amount charged to that fund under sub-paragraph (5)(a) above in respect of the account in question in the ten years immediately preceding the financial year in question.
(7) So much of any surplus as remains after the application of sub-paragraph (6) above shall be carried forward in the account in question to the next financial year.
(8) In the application of this paragraph in relation to Transport for London, any reference to its general fund shall be taken as a reference to its gross income.
Application of the net proceeds
22 (1) In the case of any licensing scheme which comes into force during the period of ten years beginning with the inception of the Authority, the net proceeds of the scheme shall, during the scheme’s initial period, be available only for application for relevant transport purposes by any one or more of the following bodies, namely—
(a) the Authority;
(b) Transport for London; or
(c) a London borough council.
(2) Except as provided by sub-paragraph (1) above, the net proceeds of a licensing scheme shall be applied only as may be specified in, or determined in accordance with, regulations under this sub-paragraph.
(3) Regulations under sub-paragraph (2) above may include provision conferring a discretion on any body or person.
(4) The provision that may be made by regulations under sub-paragraph (2) above includes provision for sub-paragraph (1) above to continue to apply, but with the substitution for the number of years for the time being there mentioned of a number of years greater than ten.
(5) The net proceeds of licensing schemes may only be applied for purposes which provide value for money.
(6) Sub-paragraphs (1) to (5) above are without prejudice to paragraph 21(6) above.
(7) In this paragraph—
“the inception of the Authority” means the commencement of the term of office of the Mayor and Assembly members returned at the first ordinary election;
“the initial period”, in the case of any licensing scheme, means—
the period of ten years beginning with the coming into force of the scheme; or
such longer period as the Secretary of State may allow in the case of any particular scheme.
Provisions supplementary to paragraph 22
23 (1) Before making any regulations under paragraph 22(2) above, the Secretary of State shall make an assessment of what he considers to be—
(a) the likely amounts of net proceeds of licensing schemes; and
(b) the potential for spending such net proceeds on relevant transport purposes which provide value for money.
(2) Before making any such regulations, the Secretary of State shall consult the Authority.
(3) The Secretary of State may issue guidance to the Authority, Transport for London and the London borough councils with respect to the appraisal of whether any application of net proceeds of a licensing scheme for any purpose provides value for money.
(4) In determining how to apply the net proceeds of licensing schemes, the Authority, Transport for London and any London borough council shall comply with any guidance issued by the Secretary of State under sub-paragraph (3) above.
(5) The Secretary of State may at any time vary the guidance under sub-paragraph (3) above.
(6) In determining for the purposes of paragraph 22 above when the initial period there mentioned begins or expires in the case of any licensing scheme, regulations may make provision as to circumstances in which—
(a) the same licensing scheme is to be regarded as continuing in force, notwithstanding the making of amendments or the revocation and replacement (with or without modifications) of a scheme; or
(b) a different scheme is, or is not, to be regarded as coming into force.
Apportionment of net proceeds of licensing schemes
24 (1) The Authority may require a licensing scheme to include provision for such portion of the net proceeds as the Authority may determine to be paid to—
(a) the Authority,
(b) Transport for London, or
(c) such London borough councils as may be specified or described by the Authority,
for application for relevant transport purposes.
(2) In this Schedule, any reference to a licensing authority’s share of the net proceeds of a licensing scheme is a reference to so much of the net proceeds of the scheme as remains after the making of any payments to other bodies or persons required by virtue of sub-paragraph (1) above or regulations under paragraph 22(2) above.
(3) For the purposes of this Schedule, the payment by the Authority of a sum received by the Authority by virtue of sub-paragraph (1) above to any body corporate for the purpose of the application of that sum by that body for relevant transport purposes shall be taken to be the application of that sum by the Authority for relevant transport purposes.
Licensing authority’s 10 year plan for their share
25 (1) A licensing scheme must include a statement of the licensing authority’s proposed general plan for applying the authority’s share of the net proceeds of the scheme during the opening ten year period.
(2) In sub-paragraph (1) above, “the opening ten year period”, in relation to any licensing scheme, means the period which—
(a) begins with the date on which the scheme comes into force; and
(b) ends with the tenth financial year that commences on or after that date.
(3) An order containing a licensing scheme shall not come into force unless and until the statement required by sub-paragraph (1) above has been approved—
(a) by the Secretary of State; and
(b) if the scheme is a borough scheme, by the Authority.
(4) In the case of a borough scheme, an application for approval under sub-paragraph (3)(a) above may only be made—
(a) by the Authority acting on behalf of the licensing authority; and
(b) after the giving by the Authority of the approval required by sub-paragraph (3)(b) above.
Licensing authority’s 4 year programmes for their share
26 (1) As long as a licensing scheme remains in force, the licensing authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare a written statement of their proposed general programme for applying the authority’s share of the net proceeds of the scheme during the next four financial years.
(2) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to—
(a) the Secretary of State; and
(b) in the case of a borough scheme, the Authority.
(3) Any statement required to be submitted to the Secretary of State under sub-paragraph (2)(a) above must be so submitted not less than six months before the end of the financial year during which the statement is required to be prepared.
(4) In the case of a borough scheme, any submission to the Secretary of State under sub-paragraph (2)(a) above may only be made—
(a) by the Authority acting on behalf of the licensing authority; and
(b) after the giving by the Authority of the approval required by sub-paragraph (2)(b) above.
(5) Any statement prepared and approved under this paragraph in the case of a licensing scheme prevails for all purposes over any conflicting provisions in the statement included in the scheme pursuant to paragraph 25 above.
Authority’s 10 year plan for the redistributed portion
27 (1) This paragraph applies in relation to a licensing scheme which by virtue of paragraph 24(1) above includes provision for a portion of the net proceeds of the scheme (the “redistributed portion”) to be paid by the licensing authority to another body.
(2) The Authority shall prepare and submit to the Secretary of State a statement of the Authority’s general plan for the application (whether by the Authority or any other body) of the redistributed portion during the opening ten year period.
(3) In sub-paragraph (2) above, “the opening ten year period”, in relation to any licensing scheme, means the period which—
(a) begins with the date on which the scheme comes into force; and
(b) ends with the tenth financial year that commences on or after that date.
(4) An order containing a licensing scheme shall not come into force unless and until any statement required by sub-paragraph (2) above in the case of that scheme has been approved by the Secretary of State.
Authority’s 4 year programmes for the redistributed portion
28 (1) As long as a licensing scheme to which paragraph 27 above applies remains in force, the Authority shall, during every fourth financial year after the financial year in which the scheme comes into force, prepare the statement described in sub-paragraph (2) below.
(2) That statement is a written statement of the Authority’s proposed general programme for the application (whether by the Authority or any other body) of the redistributed portion of the net proceeds of the scheme during the next four financial years.
(3) Any statement required to be prepared under sub-paragraph (1) above must be submitted for approval to the Secretary of State not less than six months before the end of the financial year during which the statement is required to be prepared.
(4) A statement prepared and approved under this paragraph for any scheme prevails for all purposes over any conflicting provisions in the statement prepared and approved under paragraph 27 above for that scheme.
Non-compliance with paragraph 26 or 28 above
29 (1) Except with the consent of the Secretary of State in any particular case, none of the licensing authority’s share of the net proceeds of a licensing scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 26 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph.
(2) Except with the consent of the Secretary of State in any particular case, none of the redistributed portion of the net proceeds of a licensing scheme may be applied in any financial year beginning after the end of the opening four year period unless and until a statement under paragraph 28 above having effect in relation to a period in which that year falls has been prepared and approved under that paragraph in relation to the scheme.
(3) In this paragraph, “the opening four year period”, in relation to any licensing scheme, means the period which—
(a) begins with the date on which the scheme comes into force; and
(b) ends with the fourth financial year that commences on or after that date.
4 year programmes: amendment, replacement and voluntary statements
30 (1) Where a statement has been prepared and approved under paragraph 26 or 28 above, the authority which prepared the statement may—
(a) amend the statement, or
(b) replace it with another statement (a “replacement statement”),
but subject to the following provisions of this paragraph.
(2) Subject to the following provisions of this paragraph, where a licensing scheme is in force—
(a) the licensing authority may prepare a statement such as is described in paragraph 26(1) above, and
(b) if the licensing scheme is one to which paragraph 27 above applies, the Authority may prepare a statement such as is described in paragraph 28(2) above,
at any time before the beginning of the first financial year for which a statement under paragraph 26 or, as the case may be, paragraph 28 above is required to be prepared in respect of the scheme.
(3) For the purposes of this paragraph—
(a) a “voluntary statement” is a statement prepared under sub-paragraph (2)(a) or (b) above,
(b) a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 26 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and
(c) a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 28 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,
and references to statements under paragraph 26 or 28 above shall be construed accordingly.
(4) The power conferred by sub-paragraph (1)(b) or (2) above is exercisable—
(a) in the case of a statement under paragraph 26 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or
(b) in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.
(5) Where, in exercise of the powers conferred by this paragraph, an authority proposes—
(a) to amend or replace a statement prepared and approved under paragraph 26 or 28 above, or
(b) to prepare a voluntary statement,
sub-paragraph (6) below applies.
(6) Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval—
(a) to the Secretary of State; and
(b) if the statement concerned or affected is one prepared in respect of a borough scheme by the licensing authority, to the Authority.
(7) Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made—
(a) by the Authority acting on behalf of the licensing authority concerned; and
(b) after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.
(8) Where a statement prepared and approved under paragraph 26 or 28 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.
(9) A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).
(10) A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved—
(a) under paragraph 26 above, if it was prepared in respect of a licensing scheme by the licensing authority; or
(b) under paragraph 28 above, if it was prepared by the Authority.
(11) Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 26 or 28 above in respect of the licensing scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.
Rights of entry
31 (1) Where a person duly authorised in writing by a licensing authority has reason to believe that any premises are being used for the provision of workplace parking places, he may at any reasonable time enter those premises for the purpose of—
(a) ascertaining whether controlled vehicles are parked at those premises without a licence in respect of those premises;
(b) ascertaining whether there are parked at those premises controlled vehicles in excess of the number permitted by a licence in respect of those premises; or
(c) ascertaining whether there is or has been any contravention of the conditions of a licence in respect of those premises.
(2) A person duly authorised in writing by a licensing authority may at any reasonable time enter any premises for the purpose of issuing a penalty charge notice.
(3) A person authorised under sub-paragraph (1) or (2) above to enter any premises shall, if so required, produce evidence of his authority before so entering.
(4) Any person who intentionally obstructs a person acting in the exercise of his powers under sub-paragraph (1) or (2) above shall be guilty of an offence and liable—
(a) on summary conviction to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine.
(5) Where any land is damaged in the exercise of a right of entry conferred under sub-paragraph (1) or (2) above, compensation in respect of that damage may be recovered by any person interested in the land from the licensing authority on whose behalf the entry was effected.
(6) The provisions of section 118 of the Town and Country Planning Act 1990 shall apply in relation to compensation under sub-paragraph (5) above as they apply in relation to compensation under Part IV of that Act.
Evidence
32 The Lord Chancellor may by regulations make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Schedule, or proceedings in respect of a failure to comply with the provisions of a licensing scheme, to be given by the production of—
(a) a record produced by a prescribed device; and
(b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a prescribed person.
Expenses
33 The Authority, Transport for London or a London borough council may—
(a) incur expenditure in or in connection with the establishment or operation of a licensing scheme; or
(b) enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a licensing scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a licensing scheme.
Directions by the Authority
34 (1) The Authority may give to any London borough council general or specific directions requiring the council to exercise, in such manner as may be specified in the directions,—
(a) any of the council’s powers under this Schedule; or
(b) for purposes connected with a licensing scheme made by that council or any other authority, any of the council’s powers under any other enactment relating to the management or control of traffic.
(2) A London borough council shall comply with any directions given to the council by the Authority.
Guidance
35 (1) The Authority may issue guidance to Transport for London or any London borough council in relation to the discharge of their functions under this Schedule.
(2) Transport for London or a London borough council in exercising any function under this Schedule shall have regard to any guidance issued by the Authority under this paragraph.
(3) Guidance issued under this paragraph shall be published in such manner as the Authority consider appropriate; and the Authority may at any time vary or revoke such guidance.
Information
35A (1) Information obtained by—
(a) any Minister of the Crown or government department, or
(b) any local authority or other statutory body,
may be disclosed to a licensing authority for or in connection with the exercise of any of their functions with respect to a licensing scheme.
(2) Information obtained by a licensing authority for or in connection with any of their functions other than their functions with respect to a licensing scheme may be used by the authority for or in connection with the exercise of any of their functions with respect to a licensing scheme.
(3) Any information—
(a) which has been or could be disclosed to a licensing authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a licensing scheme, or
(b) which has been or could be used by an authority by virtue of sub-paragraph (2) above for or in connection with the exercise of any of those functions,
may be disclosed to any person with whom the authority has entered into arrangements under paragraph 33(b) above.
(4) Information disclosed to a person under sub-paragraph (3) above—
(a) may be disclosed to any other person for or in connection with the licensing scheme; but
(b) may not be used (by him or any other person to whom it is disclosed under paragraph (a) above) otherwise than for or in connection with the licensing scheme.
Parking in the Palace of Westminster
36 (1) This paragraph has effect for the purposes of this Schedule and section 296 of this Act.
(2) The Palace of Westminster shall be treated as premises occupied by the Corporate Officer of the House of Lords and the Corporate Officer of the House of Commons acting jointly.
(3) Every motor vehicle for which a parking place is provided at the Palace of Westminster shall be taken to be a motor vehicle used as mentioned in paragraph 3(1) above if it is a vehicle used—
(a) by a Member or officer of either House of Parliament;
(b) by a person employed as a member of the House of Lords staff;
(c) by a person employed as a member of the House of Commons staff;
(d) by a person employed by a member of either House of Parliament; or
(e) by, or by an employee of, any person supplying or seeking to supply goods or services to—
(i) the House of Lords,
(ii) the House of Commons,
(iii) any member or officer of either House of Parliament,
or any agent or sub-contractor of such a person.
(4) No offence under this Schedule or regulations made under it is capable of being committed in relation to parking in the Palace of Westminster.
(5) No right of entry conferred under or by virtue of this Schedule shall be exercisable in relation to the Palace of Westminster.
(6) No penalty charge notice shall be issued in respect of parking in the Palace of Westminster.
(7) In this paragraph—
“member of the House of Commons staff” means any person—
who was appointed by the House of Commons Commission; or
who is a member of the Speaker’s personal staff;
“member of the House of Lords staff” means any person who is employed under a contract of employment made with the Corporate Officer of the House of Lords.
Crown application
37 (1) Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and licensing schemes made under it shall bind the Crown.
(2) No contravention by the Crown of any provision of this Schedule or of any regulations or licensing scheme made under it shall make the Crown criminally liable; but the High Court may, on the application of a licensing authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and licensing schemes made under it shall apply to persons in the public service of the Crown as they apply to other persons.
(4) No power of entry conferred by this Schedule or regulations made under it shall be exercisable in relation to any premises held or used by or on behalf of the Crown.
(5) Nothing in this paragraph shall be taken as in any way affecting Her Majesty in her private capacity; and this sub-paragraph shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
Duration of licensing schemes
Variation and revocation of licensing schemes
39 The power to make a licensing scheme includes power , exercisable in the same manner, and subject to the same conditions and limitations,to vary or revoke such a scheme ; and paragraph 7 above applies in relation to the variation or revocation of a licensing scheme as to the making of a licensing scheme..
SCHEDULE 27 Further amendments relating to metropolitan police etc
Section 325.
The Metropolitan Police Act 1829
1 The following provisions of the Metropolitan Police Act 1829 shall cease to have effect—
(a) section 1 (establishment of metropolitan police and appointment of Commissioner);
(b) section 4 (the metropolitan police district);
(c) section 5 (regulations for management of the force);
(d) sections 10 to 12 (the Receiver); and
(e) section 22 (watchboxes).
The Metropolitan Police Act 1856
2 The following provisions of the Metropolitan Police Act 1856 shall cease to have effect—
(a) section 2 (appointment of Assistant Commissioners);
(b) section 6 (duties of Assistant Commissioners);
(c) section 7 (matters which may be done by the Commissioner or an Assistant Commissioner); and
(d) section 8 (powers of Assistant Commissioners in case of vacancy or illness of the Commissioner).
The Metropolitan Police (Receiver) Act 1861
3 The following provisions of the Metropolitan Police (Receiver) Act 1861 shall cease to have effect—
(a) section 1 (Receiver as corporation sole with power to hold stocks, shares etc);
(b) section 5 (power of Receiver to dispose of property etc); and
(c) section 9 (construction with previous Acts).
The Metropolitan Police (Receiver) Act 1867
4 Section 1 of the Metropolitan Police (Receiver) Act 1867 (accounts) shall have effect as if there were inserted, after “Metropolitan Police Act 1829”, the words shall, as regards monies for police purposes, be made up to 2nd July 2000, and as regards monies for other purposes .
The Metropolitan Police Act 1886
5 The following provisions of the Metropolitan Police Act 1886 shall cease to have effect—
(a) section 2 (power of Receiver with respect to construction of buildings and purchase of land);
(b) section 4 (Receiver: purchase of land);
(c) section 6 (approval of Secretary of State for purchases and loans);
(d) section 7 (definition of “police receiver”).
The Riot (Damages) Act 1886
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Metropolitan Police Act 1887
7 The Metropolitan Police Act 1887 shall cease to have effect.
The Police (Property) Act 1897
10 (1) Section 2 of the Police Property Act 1897 (regulations with respect to unclaimed property in possession of the police) shall be amended as follows.
(2) In subsection (2B) (meaning of “the relevant authority”)—
(a) in paragraph (a) (police areas in England and Wales, other than the metropolitan police district) the words “listed in Schedule 1 to the Police Act 1996 or the City of London police area”, and
(b) paragraph (b) (in relation to the metropolitan police district, the Receiver),
shall cease to have effect.
The Metropolitan Police Act 1899
11 Section 1 of the Metropolitan Police Act 1899 (which provides for the remuneration of the Commissioner of Police of the Metropolis) shall cease to have effect.
The Police Act 1909
12 In the Police Act 1909, section 1 (annual contribution towards expenses of metropolitan police force in respect of services rendered for imperial and national purposes) shall cease to have effect.
The Crown Lands Act 1936
13 (1) The Crown Lands Act 1936 shall be amended as follows.
(2) In section 1 (transfer of lands to Commissioners of Works) the proviso to subsection (4) (which relates to payment in respect of lands transferred to the Receiver and is of no further utility) shall cease to have effect.
(3) In section 3—
(a) in subsection (1) (power of Commissioners of Works to erect buildings for certain purposes) the words “or offices for the metropolitan police”, and
(b) subsection (2) (power to transfer land and buildings to the Receiver),
shall cease to have effect.
The Local Government Act 1948
15 Section 121 of the Local Government Act 1948 (provisions as to precepts of metropolitan police) shall cease to have effect.
The Metropolitan Magistrates’ Courts Act 1959
16 (1) The Metropolitan Magistrates’ Courts Act 1959 shall be amended as follows.
(2) In section 4(2) (borrowing powers of Receiver), the words “, or of the metropolitan police force,” shall cease to have effect.
The Local Government (Records) Act 1962
17 (1) The Local Government (Records) Act 1962 shall be amended as follows.
(2) In section 2 (acquisition and deposit of records) in subsection (6) (local authorities to which the section applies) after “section 3 of the Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
(3) In section 8 (interpretation) in the definition of “local authority” after “section 3 of the Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
The Local Government Act 1966
The Superannuation (Miscellaneous Provisions) Act 1967
20 (1) Section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) shall be amended as set out in sub-paragraphs (2) to (6) below.
(2) In subsection (1)(a) (definition of “member of the metropolitan civil staffs”) for sub-paragraph (i) there shall be substituted—
(i) who is employed by the Metropolitan Police Authority;
.
(3) In subsection (2) (power of Secretary of State to grant certain pensions payable by the Receiver out of the Metropolitan Police Fund) for the words from the beginning to “in respect of members of the metropolitan civil staffs” in paragraph (b) there shall be substituted—
(2) As from the day on which section 310 of the Greater London Authority Act 1999 comes into force, the Metropolitan Police Authority shall have power to grant pensions or other benefits to or in respect of persons who on that day are, or thereafter become, members of the metropolitan civil staffs.
(2A) The Metropolitan Police Authority may, to such extent and subject to such conditions as it thinks fit, authorise the exercise of the function of administering the grant of pensions and other benefits under this section by, or by employees of, any person.
(2B) Where a person is authorised under subsection (2A) above to exercise the function of administering the grant of pensions and other benefits under this section, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.
(2C) Subsection (2B) above does not apply for the purposes of—
(a) any criminal proceedings against the authorised person (or any employee of his); or
(b) any contract between him and the person who authorised him, so far as relating to the function.
(2D) Unless the powers conferred by section 7 of the Superannuation Act 1972, section 50 of the Justices of the Peace Act 1997, paragraph 36 of Schedule 14 to the Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being i force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member
.
(4) In subsection (3)(b) (power by regulations to adapt civil service provisions) for “(2)(b)” there shall be substituted “ (2D) ”.
(5) In subsection (6) (requirement to consult before making regulations) after “staffs” there shall be inserted “ and with the Metropolitan Police Authority ”.
(6) In subsection (7) (continuation of payment of pre-existing pension entitlements by Receiver), for the words from “continue” to the end there shall be substituted “ be paid by the Metropolitan Police Authority ”.
(7) Nothing in sub-paragraphs (2) to (5) above shall affect the application of section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 in relation to any person falling within sub-paragraph (10) below.
(8) A pension or other benefit granted or continued to be paid to or in respect of a person by virtue of sub-paragraph (7) above shall be granted or paid by the Metropolitan Police Authority, and accordingly section 15(2)(a) of the Superannuation (Miscellaneous Provisions) Act 1967 shall not apply in relation to such a person.
(9) Section 15(2)(b) of the Superannuation (Miscellaneous Provisions) Act 1967 shall apply in relation to a person falling within sub-paragraph (10) below as if for the words from the beginning to “in respect of members of the metropolitan civil staffs” there were substituted—
(b) unless the powers conferred by paragraph 36 of Schedule 14 to the Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being in force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits u der this section to or in respect of such a member
.
(10) A person falls within this sub-paragraph if he ceased to be a member of the metropolitan civil staffs for the purposes of section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 before the day on which section 310 of this Act comes into force.
The Leasehold Reform Act 1967
21 (1) Section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes) shall be amended as follows.
(2) In subsection (5) (bodies to which the section applies) in paragraph (a), after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
The Firearms Act 1968
22 In section 57(4) of the Firearms Act 1968 (interpretation) in the definition of “civilian officer”, paragraph (b) and the word “or” immediately preceding it shall cease to have effect.
The Local Government Grants (Social Need) Act 1969
23 (1) The Local Government Grants (Social Need) Act 1969 shall be amended as follows.
(2) In section 1 (provision for grants) in subsection (2) (meaning of “local authority” etc) after “section 3 of the Police Act 1996” there shall be inserted “ , the Metropolitan Police Authority, ”.
The Pensions (Increase) Act 1971
24 (1) The Pensions (Increase) Act 1971 shall be amended as follows.
(2) In Schedule 6 (employments relevant to section 13(2) of that Act) in paragraph (c) (employment, otherwise than as a constable, under the Receiver etc) for “Receiver for the metropolitan police district” there shall be substituted “ Metropolitan Police Authority ”.
The Local Government Act 1972
Members’ interests in contracts etc
25 In section 98 of the Local Government Act 1972 (members’ interests in contracts: interpretation of sections 95 to 97) in subsection (1A) (extended meaning of local authority) after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
Meetings and proceedings
26 In section 99 of the Local Government Act 1972 (which applies Schedule 12 of that Act to meetings and proceedings of certain bodies) after “section 3 of the Police Act 1996” there shall be inserted “ , the Metropolitan Police Authority ”.
Discharge of functions
27 In section 107 of the Local Government Act 1972 (application of sections 101 to 103, 105 and 106 of that Act to police authorities) in subsection (1)(a) the words “other than the Secretary of State” shall cease to have effect.
Miscellaneous powers of local authorities
28 (1) Section 146A of the Local Government Act 1972 (which applies certain provisions of Part VII of that Act to police authorities etc) shall be amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In subsection (1A) (exceptions for police authorities) after “section 3 of the Police Act 1996” there shall be inserted “ nor the Metropolitan Police Authority ”.
(4) In subsection (1B) (modifications of sections 140A and 140C in their application to police authorities) after “section 3 of the Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.
(5) In subsection (1C) (special constable acting as such is not a voluntary assistant) after “section 3 of the Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.
Appearance in legal proceedings
29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspection of documents
30 In section 228 of the Local Government Act 1972 (inspection of documents) in subsection (7A) (application to minutes and accounts of police authorities) after “section 3 of the Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.
Photographic copies of documents
31 In section 229 of the Local Government Act 1972 (photographic copies of documents) in subsection (8) (extended meaning of “local authority”) after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
Services of notices on local authorities
32 In section 231 of the Local Government Act 1972 (services of notices on local authorities) in subsection (4) (extended meaning of “local authority”) after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
Public notices
33 In section 232 of the Local Government Act 1972 (public notices) in subsection (1A) (extended meaning of “local authority”) after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
Service of notices by local authorities
34 In section 233 of the Local Government Act 1972 (service of notices by local authorities) in subsection (11) (extended meaning of “local authority”) after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
Authentication of documents
35 In section 234 of the Local Government Act 1972 (authentication of documents) in subsection (4) (extended meaning of “local authority”) after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
Meetings and proceedings
36 (1) Schedule 12 to the Local Government Act 1972 (meetings and proceedings of local authorities) shall be amended as follows.
(2) In paragraph 6A (application of paragraph 1 to police authorities etc) in sub-paragraph (1) after “section 3 of the Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.
(3) In paragraph 6B (application of rest of Part I to police authorities etc) in paragraph (b), after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
(4) In paragraph 46 (extended meaning of “local authority”) after “section 3 of the Police Act 1996” there shall be inserted “ and the Metropolitan Police Authority ”.
The Employment Agencies Act 1973
37 In section 13(7) of the Employment Agencies Act 1973 (cases in which the Act is not to apply) after paragraph (f) there shall be inserted—
(fa) the exercise by the Metropolitan Police Authority of any of its functions;
.
The Local Government Act 1974
38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The House of Commons Disqualification Act 1975
39 (1) The House of Commons Disqualification Act 1975 shall be amended as follows.
(2) In Schedule 1, in Part III (other disqualifying offices) the entries relating to the following offices—
(a) Commissioner or Assistant Commissioner of Police of the Metropolis,
(b) officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and
(c) Receiver for the Metropolitan Police District,
shall cease to have effect.
The Northern Ireland Assembly Disqualification Act 1975
40 (1) The Northern Ireland Assembly Disqualification Act 1975 shall be amended as follows.
(2) In Schedule 1, in Part III (other disqualifying offices) the entries relating to the following offices—
(a) Commissioner or Assistant Commissioner of Police of the Metropolis,
(b) officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and
(c) Receiver for the Metropolitan Police District,
shall cease to have effect.
The Local Government (Miscellaneous Provisions) Act 1976
41 (1) Part I of the Local Government (Miscellaneous Provisions) Act 1976 (general) shall be amended as follows.
(2) In section 44(1), in the definition of “local authority”, in paragraph (a) (extended meaning in certain provisions) after “section 3 of the Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
The Local Government, Planning and Land Act 1980
Direct labour organisations
42 (1) Section 20 of the Local Government, Planning and Land Act 1980 (interpretation of provisions relating to direct labour organisations) shall be amended as follows.
(2) In subsection (1), in paragraph (a) of the definition of “local authority”, in sub-paragraph (i), after “section 3 of the Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
Rate support grants
43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disposal of land held by public bodies
44 (1) In section 99 of the Local Government, Planning and Land Act 1980 (directions to dispose of land — supplementary) in subsection (4), after paragraph (dc) there shall be inserted—
(dcc) the Metropolitan Police Authority;
.
(2) In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom provisions of Part X relating to registration of land apply) after paragraph 5C there shall be inserted—
5CC The Metropolitan Police Authority.
The Local Government (Miscellaneous Provisions) Act 1982
45 (1) The Local Government (Miscellaneous Provisions) Act 1982 shall be amended as follows.
(2) In section 33 (enforceability by local authorities of certain covenants relating to land) in subsection (9)(a), after “section 3 of the Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
(3) In section 41 (lost and uncollected property) in subsection (13) in the definition of “local authority”, after paragraph (ca) there shall be inserted—
(caa) the Metropolitan Police Authority; and
.
The Aviation Security Act 1982
46 (1) The Aviation Security Act 1982 shall be amended as follows.
(2) In section 26 (exercise of police functions at designated airports), subsection (4) (which makes provision for the application of the section in the case of the metropolitan police district) shall cease to have effect.
(3) In section 29(2) (entitlement of traffic wardens to exercise functions at designated airports) in paragraph (a) the words from “(or,” to “metropolis)” shall cease to have effect.
(4) In section 30(3) (transfers of officers and staff) in paragraph (c) the words from “or, if that area is the metropolitan” onwards shall cease to have effect.
(5) In section 31(1) (interpretation) the definition of “members of the metropolitan civil staffs” shall cease to have effect.
The Insurance Companies Act 1982
47 (1) The Insurance Companies Act 1982 shall be amended as follows.
(2) In Part I of Schedule 2 (classes of general business), in entry number 1, in the third column, the words “or section 2 of the Police (Insurance of Voluntary Assistants) Act 1997” shall cease to have effect.
The Road Traffic Regulation Act 1984
48 (1) Section 97 of the Road Traffic Regulation Act 1984 (supplementary provisions as to traffic wardens) shall be amended as follows.
(2) In subsection (1) (application of regulations) the words “employed outside the metropolitan police district” shall cease to have effect.
(3) Subsection (4) (wardens in the metropolitan police district) shall cease to have effect.
The County Courts Act 1984
49 In section 60 of the County Courts Act 1984 (right of audience for officer of local authority in proceedings brought by authority) in subsection (3), in the definition of “local authority”, after “section 3 of the Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
The Rates Act 1984
50 In section 1 of the Rates Act 1984 (power to prescribe maximum rates and precepts) in subsection (4)(a), the words “or by the Receiver for the Metropolitan Police District” shall cease to have effect.
The Housing Act 1985
51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing Associations Act 1985
52 In section 106 of the Housing Associations Act 1985 (minor definitions) in subsection (1), in the definition of “local authority”, after “section 3 of the Police Act 1996” there shall be inserted “ , the Metropolitan Police Authority ”.
The Landlord and Tenant Act 1985
53 In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority”, after “section 3 of the Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
The Local Government Act 1986
Publicity etc
54 In section 6 of the Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality) in subsection (2)(a), after “section 3 of the Police Act 1996,” there shall be inserted—
the Metropolitan Police Authority,
.
Transfer of local authority mortgages
55 In section 9 of the Local Government Act 1986 (interpretation of provisions relating to the transfer of mortgages) in subsection (1)(a), after “section 3 of the Police Act 1996,” there shall be inserted—
the Metropolitan Police Authority,
.
The Local Government Act 1988
Competition
56 In section 1 of the Local Government Act 1988 (defined authorities for provisions on competition) in subsection (1), after paragraph (e) there shall be inserted—
(eza) the Metropolitan Police Authority,
.
Public supply or works contracts
57 In Schedule 2 to the Local Government Act 1988 (which specifies the public authorities to which section 17 of that Act applies) after the entry relating to police authorities established under section 3 of the Police Act 1996 there shall be inserted—
The Metropolitan Police Authority.
The Local Government Finance Act 1988
58 In section 126 of the Local Government Finance Act 1988 (variation of multipliers in supplementary reports) subsection (5) (which relates to the Receiver) shall cease to have effect.
The Housing Act 1988
59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Road Traffic Act 1988
Police driving instructors
60 In section 124 of the Road Traffic Act 1988 (exemption of police instructors from prohibition imposed by section 123 of that Act) subsection (3) (modifications of subsection (2) in its application in relation to the metropolitan police force) shall cease to have effect.
Exceptions from requirement of third party insurance or security
The Local Government and Housing Act 1989
Monitoring officers
62 In section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) in subsection (1) (duty to designate officer as monitoring officer) after “Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.
Members, officers, staff, committees etc
63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial provisions
64 In section 157 of the Local Government and Housing Act 1989 (commutation of payments to local authorities) in subsection (6) (meaning of “local authority”) for paragraph (f) there shall be substituted—
(f) the Metropolitan Police Authority;
.
The Town and Country Planning Act 1990
Orders relating to highways
65 In section 252 of the Town and Country Planning Act 1990 (procedure for making of orders relating to highways) in subsection (12), in the definition of “local authority”, after “section 3 of the Police Act 1996,” there shall be inserted “ the Metropolitan Police Authority, ”.
General interpretation of “local authority”
66 In section 336(1) of the Town and Country Planning Act 1990 (general interpretation) in paragraph (a) of the definition of “local authority”—
(a) the words “(except the Receiver for the Metropolitan Police District)” shall cease to have effect; and
(b) at the end there shall be inserted “ or the Metropolitan Police Authority ”.
The War Crimes Act 1991
67 In section 2 of the War Crimes Act 1991 (expenses) in subsection (2)(a) (expenditure by Receiver on investigations by metropolitan police) for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”.
The Police Act 1996
Police areas
69 In section 1 of the Police Act 1996 (police areas) in subsection (3) (references to local government areas) the words “but excluding any part of it within the metropolitan police district” shall cease to have effect.
Local policing objectives
70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local policing plans
71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annual report
72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police fund
73 In section 14 of the Police Act 1996 (requirement that each police authority keep a police fund) after subsection (3) there shall be inserted—
(4) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.
Civilian employees
74 (1) Section 15 of the Police Act 1996 (employment of civilian employees by police authorities established under section 3) shall be amended as follows.
(2) In subsection (2) (persons so employed to be under control of chief constable) for “chief constable” there shall be substituted “ chief officer of police ”.
(3) In subsection (3) (disapplication of subsection (2) in case of agreement between chief constable and authority etc) for “chief constable” there shall be substituted “ chief officer ”.
(4) After subsection (4) there shall be inserted—
(5) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.
Appointment of clerk
75 (1) Section 16 of the Police Act 1996 (appointment of clerk by each police authority) shall be amended as follows.
(2) At the beginning there shall be inserted “ (1) ”.
(3) After the subsection (1) so formed, there shall be inserted the following subsection—
(2) The Metropolitan Police Authority shall appoint a person to be the clerk to the Metropolitan Police Authority.
Appointment of persons not employed by police authorities
76 (1) Section 17 of the Police Act 1996 (appointment of persons not employed by police authorities) shall be amended as follows.
(2) At the beginning there shall be inserted “ (1) ”.
(3) After the subsection (1) so formed, there shall be inserted the following subsection—
(2) This section shall apply to the Metropolitan Police Authority as it applies to a police authority established under section 3.
Supply of goods and services
77 In section 18 of the Police Act 1996 (application of certain provisions of the Local Authorities (Goods and Services) Act 1970 to police authorities established under section 3) after “section 3” there shall be inserted “ and to the Metropolitan Police Authority ”.
Questions to the Metropolitan Police Authority
78 In subsection (1) of section 20 of the Police Act 1996 (questioning of members of police authorities at council meetings) after “police authority” there shall be inserted “ established under section 3 ” and after that section there shall be inserted—
Questions on metropolitan police matters at London Assembly meetings.
20A (1) The London Assembly shall make arrangements (whether by standing orders or otherwise) for enabling questions on the discharge of the functions of the Metropolitan Police Authority to be put by members of the Assembly at a meeting of the Assembly for answer by a person nominated by the Metropolitan Police Authority for that purpose.
(2) On being given reasonable notice by the London Assembly of a meeting of the Assembly at which questions on the discharge of the Metropolitan Police Authority’s functions are to be put, the Metropolitan Police Authority shall nominate one or more of its members to attend the meeting to answer those questions.
Report by the Commissioner of Police of the Metropolis
79 (1) Section 22 of the Police Act 1996 (reports by chief constables etc to police authorities) shall be amended as follows.
(2) In subsection (1), for “chief constable” there shall be substituted “ chief officer of police of a police force ”.
(3) In subsection (2), for “chief constable” there shall be substituted “ chief officer ”.
(4) In subsection (3), for “chief constable” there shall be substituted “ chief officer of police ”.
(5) In subsections (5) and (6), for “chief constable” there shall be substituted “ chief officer ”.
(6) Subsection (7) (which applies the section to the City of London police force and which becomes unnecessary in consequence of the amendments made by the preceding provisions of this paragraph) shall be omitted.
Special police services
80 In section 25 of the Police Act 1996 (provision of special police services, subject to payment to police authorities) subsection (2) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
Advice and assistance to international organisations
81 In section 26 of the Police Act 1996 (provision by police authorities of advice and assistance to international organisations) subsection (7) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
Police cadets
82 In section 28 of the Police Act 1996 (appointment of police cadets) subsection (4) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
Attestation of constable
83 In section 29 of the Police Act 1996 (attestation of constables)—
(a) paragraph (a) (attestation before Commissioner or Assistant Commissioner in case of member of metropolitan police force etc), and
(b) in paragraph (b) (any other case) the words “in any other case,”,
shall cease to have effect.
Alteration of police areas
84 (1) Section 32 of the Police Act 1996 (power of Secretary of State to make alterations in police areas by order) shall be amended as follows.
(2) In subsection (3)(a) (which restricts the power of the Secretary of State to make alterations unless he has received a request from the police authorities whose areas are affected) the words “(other than the metropolitan police district)” shall cease to have effect.
(3) Subsection (5) (which disapplies subsection (4) to the extent that it prevents the Secretary of State making an order maintaining the boundary of the metropolitan police district as it existed immediately before 1st April 1995) shall cease to have effect.
Objections to proposed alterations in police areas
85 (1) Section 33 of the Police Act 1996 (objections to alterations in police areas proposed by the Secretary of State) shall be amended as follows.
(2) In subsection (1)(a) the words “(other than the metropolitan police district)” shall cease to have effect.
(3) In subsection (1), after paragraph (b) there shall be inserted—
(bb) the Greater London Authority, if he proposes to alter the metropolitan police district,
.
Objectives for police authorities
86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Setting of performance targets
87 In section 38 of the Police Act 1996 (setting of performance targets for police authorities by the Secretary of State) in subsection (2), for “established under section 3” there shall be substituted “ to which section 37 applies ”.
Codes of practice
88 In section 39(1) of the Police Act 1996 (issuing of codes of practice by the Secretary of State relating to the discharge of functions by police authorities established under section 3) after “section 3” there shall be inserted “ and the Metropolitan Police Authority ”.
Power of Secretary of State to require inspection
89 In section 40(1) of the Police Act 1996 (power of Secretary of State to require an inspection of a police force maintained under section 2) after “police force maintained under section 2” there shall be inserted “ or of the metropolitan police force ”.
Removal of Commissioners or Commanders
90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reports from the Commissioner of Police of the Metropolis
91 (1) Section 44 of the Police Act 1996 (power of Secretary of State to require chief constable to submit a report) shall be amended as follows.
(2) In subsection (1), for the words “chief constable” and “chief constable’s” there shall be substituted respectively “ chief officer of police of any police force ” and “ chief officer’s ”.
(3) In subsection (3), for “chief constable” there shall be substituted “ chief officer ”.
(4) In subsection (4), for “Every chief constable” there shall be substituted “ The chief officer of police of every police force ”.
(5) Subsection (5) (which applies the section to the City of London police force and which becomes unnecessary in consequence of the amendments made by the preceding provisions of this paragraph) shall be omitted.
Grants by the Secretary of State
92 (1) Section 46 of the Police Act 1996 (duty of Secretary of State to make grants for police purposes) shall be amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In subsection (1), in the words following paragraph (b), for “Receiver” there shall be substituted “ Greater London Authority ”.
(4) After subsection (7) there shall be inserted—
(7A) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.
(5) After subsection (8) (repayment where police authority’s grant is less than that paid to it for the year) there shall be inserted—
(9) Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the Metropolitan Police Authority to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction.
Grants for capital expenditure
93 (1) Section 47 of the Police Act 1996 (power of the Secretary of State to make grants in respect of capital expenditure incurred for police purposes) shall be amended as follows.
(2) In subsection (1)(b), for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”.
(3) After subsection (3) there shall be inserted—
(4) Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.
(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.
Grants for expenditure concerning safeguarding national security
94 (1) Section 48 of the Police Act 1996 (power of Secretary of State to make grants in respect of expenditure in connection with safeguarding national security) shall be amended as follows.
(2) In subsection (1)(b), for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”.
(3) After subsection (3) there shall be inserted—
(4) Any grant by virtue of subsection (1)(b) shall be paid to the Greater London Authority.
(5) Where the Greater London Authority receives a grant under this section, it shall forthwith account for the grant to the Metropolitan Police Authority and pay it over to that Authority.
Disciplinary proceedings relating to senior officers
95 In section 50(3)(b) of the Police Act 1996 (regulations about disciplinary procedures involving senior members of police forces) for sub-paragraphs (i) and (ii) there shall be substituted the words “ by the police authority which maintains the force or by a committee of that authority. ”
Copies of reports
96 In section 55 of the Police Act 1996 (Secretary of State to arrange for publication and copies of reports by inspectors of constabulary) in subsections (3)(a) and (6), the words “(except where he is himself the police authority)” shall cease to have effect.
The appropriate authority for complaints etc about metropolitan police
97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigation of complaints
98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supervision of investigations by Police Complaints Authority
99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grants by local authorities
100 In section 92 of the Police Act 1996 (grants by local authorities) in subsection (2) (grants for police purposes to the Receiver) for “Receiver for the Metropolitan Police District” there shall be substituted “ Metropolitan Police Authority ”
Acceptance of gifts and loans
101 In section 93 of the Police Act 1996 (acceptance of gifts and loans) subsection (3) (which modifies the section in its application to the metropolitan police force) shall cease to have effect.
Metropolitan police fund etc
102 (1) Section 95 of the Police Act 1996 (which provides for expenditure on special constables and police cadets to be paid out of the metropolitan police fund and which, so far as relating to that fund, is unnecessary in view of the amendment made to section 14) shall be amended as follows.
(2) The following words shall cease to have effect—
(a) “the metropolitan police fund and”;
(b) “respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State)”;
(c) in paragraph (a), “the metropolitan police district or”; and
(d) in paragraph (b), “the metropolitan police force or”.
(3) The sidenote to the section accordingly becomes “The City of London police fund.”
Obtaining community views on policing
103 (1) Section 96 of the Police Act 1996 (arrangements to be made for each police area for obtaining the views of the community about policing) shall be amended as follows.
(2) In subsection (2)—
(a) for “subsections (3) to (6)” there shall be substituted “ subsection (6) ”; and
(b) after “chief constable” there shall be inserted “ or, in the case of the metropolitan police district, the Commissioner of Police of the Metropolis, ”.
(3) Subsections (3) to (5) (which make provision about consultation about arrangements for the metropolitan police district) shall cease to have effect.
National and international functions of metropolitan police
104 After section 96 of the Police Act 1996 there shall be inserted—
National and international functions of the metropolitan police.
96A (1) The Secretary of State and the Metropolitan Police Authority may enter into agreements with respect to the level of performance to be achieved by the metropolitan police force in respect of any of its national or international functions.
(2) If the Secretary of State is of the opinion that the metropolitan police force is not performing any or all of its national or international functions—
(a) to the standard specified in any agreement in force under subsection (1), or
(b) if no agreement is in force under that subsection in relation to the function or functions in question, to a standard which the Secretary of State considers to be satisfactory,
he may direct the Metropolitan Police Authority to take such measures as may be specified in the direction.
(3) The Metropolitan Police Authority shall comply with any directions given under subsection (2).
(4) For the purposes of this section “national or international functions” means functions relating to—
(a) the protection of prominent persons or their residences,
(b) national security,
(c) counter-terrorism, or
(d) the provision of services for any other national or international purpose.
National and international functions: application of requirements relating to reports etc.
96B (1) In its application to the Metropolitan Police Authority, section 6 shall have effect as if the reference in subsection (1) to securing the maintenance of an efficient and effective police force for the metropolitan police district included a reference to securing that that force discharges its national or international functions efficiently and effectively.
(2) In its application to the Metropolitan Police Authority, section 7(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.
(3) In its application to the Metropolitan Police Authority, section 8 shall have effect as if—
(a) the reference in subsection (1) to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions, and
(b) the reference in subsection (2)(c) to any performance targets established by the Authority excluded any standards of performance established by it in pursuance of an agreement under subsection (1) of section 96A or a direction under subsection (2) of that section.
(4) In its application to the Metropolitan Police Authority, section 9(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.
(5) In their application to the metropolitan police force, sections 22 and 44 shall have effect as if references to policing the metropolitan police district included references to the discharge by the metropolitan police force of its national or international functions.
(6) Section 95(1) and (3) of the Greater London Authority Act 1999 (minimum budget for Metropolitan Police Authority) shall have effect as if the references to restoring or maintaining an efficient and effective police force for the metropolitan police district included references to securing that that force discharges its national or international functions efficiently and effectively.
(7) Subsection (4) of section 96A shall apply for the purposes of this section as it applies for the purposes of that section.
Schedule 2
105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 3
106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 6
107 (1) Schedule 6 to the Police Act 1996 (appeals to police appeals tribunals) shall be amended as follows.
(2) In paragraph 2 (membership of panel for officers who are not senior officers) in paragraph (1)(b) the words from “or” onwards (which relate to the case where the Secretary of State is the police authority) shall cease to have effect.
The Justices of the Peace Act 1997
108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Police (Insurance of Voluntary Assistants) Act 1997
109 (1) The Police (Insurance of Voluntary Assistants) Act 1997 shall be amended as follows.
(2) Section 2 (which makes, in relation to the metropolitan police force and the Receiver, provision corresponding to that made by section 1 in relation to other police authorities and which, in consequence of this Act, is no longer necessary) shall cease to have effect.
The Police Act 1997
110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
112 In section 119 of the Police Act 1997 (sources of information) in subsection (3) (payment to appropriate police authority) the words “or, in the case of the metropolitan police force, the Receiver for the Metropolitan Police District,” shall cease to have effect.
113 (1) Schedule 1 to the Police Act 1997 (appointment of members of the NCS and NCIS Service Authorities) shall be amended as follows.
(2) In paragraph 4 (appointment of core members by local authority members of police authorities)—
(a) at the beginning there shall be inserted “ (1) ”, and
(b) for “Three” there shall be substituted “ Four ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The following provisions—
(a) paragraph 5 (appointment by Secretary of State in his capacity as police authority for metropolitan police district),
(b) paragraph 8(4) (Secretary of State prohibited from appointing additional member of NCIS Service Authority to represent him in that capacity), and
(c) paragraph 10(4) (corresponding prohibition in respect of appointment of additional member of NCS Service Authority),
shall cease to have effect.
(5) In paragraph 14(a) (meaning of “local authority members of police authorities”) for “to the Police Act 1996 (local authority members)” there shall be substituted “ or paragraph 2 of Schedule 2A to the Police Act 1996 (local authority members and London Assembly members of the Metropolitan Police Authority) ”.
(6) In paragraph 16 (which makes provision for the application of Schedule in the case of the Commissioner and Assistant Commissioners of Police of the Metropolis and the Commissioner of Police for the City of London) for the words from “the Commissioner and” onwards there shall be substituted “ the Commissioner of Police for the City of London shall be treated as if he were a member of the City of London police force. ”
114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 327A
Appointment and tenure of office
1 (1) The terms and conditions on which the London Fire Commissioner is appointed are to be determined by the Mayor.
(2) A person holds and vacates office as the London Fire Commissioner in accordance with the terms and conditions of the person's appointment.
(3) Sub-paragraph (2) is subject to section 327C (suspension and removal of London Fire Commissioner).
Remuneration
2 (1) The person who is the London Fire Commissioner is to be paid such remuneration, allowances and gratuities as may be provided for under the terms and conditions of the Commissioner's appointment.
(2) In sub-paragraph (1) “allowances”, in relation to the London Fire Commissioner, means allowances in respect of expenses incurred by the person in the performance of the Commissioner's functions.
(3) There is to be paid—
(a) a pension to, or in respect of, a person who has been the London Fire Commissioner, or
(b) amounts for or towards the provision of a pension to, or in respect of, such a person,
in accordance with the terms and conditions of the Commissioner's appointment.
(4) Payments under this paragraph are to be made by the London Fire Commissioner.
(5) In determining the London Fire Commissioner's terms and conditions relating to these matters, the Mayor must have regard to the financial resources of the Commissioner.
The Deputy London Fire Commissioner
3 (1) The London Fire Commissioner may exercise the power in section 112 of the Local Government Act 1972 (appointment of staff) to appoint a Deputy London Fire Commissioner.
(2) The Deputy London Fire Commissioner may exercise any or all of the powers and duties of the London Fire Commissioner—
(a) during any absence, incapacity or suspension from duty of the Commissioner,
(b) during any vacancy in the office of Commissioner, or
(c) at any other time, with the consent of the Commissioner.
(3) The Deputy London Fire Commissioner may not act under sub-paragraph (2)(a) or (b) for a continuous period of three months or more without the consent of the Mayor.
Damages and costs in legal proceedings
4 (1) The following amounts must be paid by the London Fire Commissioner—
(a) any damages or costs awarded against the Commissioner in any proceedings brought against the Commissioner in respect of the acts or omissions of an officer employed by the Commissioner;
(b) any costs incurred by the Commissioner in any such proceedings so far as not recovered by the Commissioner in the proceedings;
(c) any sum required in connection with the settlement of any claim made against the Commissioner in respect of the acts or omissions of an officer employed by the Commissioner, if the settlement is approved by the Mayor.
(2) The London Fire Commissioner may, in such cases and to such extent as appears to the Commissioner to be appropriate, pay—
(a) any damages or costs awarded against an officer employed by the Commissioner in proceedings for any unlawful conduct of that officer,
(b) any costs incurred and not recovered by such an officer in such proceedings, and
(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
SCHEDULE 30 The Cultural Strategy Group for London
Section 375.
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
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.
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.
SCHEDULE 32 London Regional Transport pension etc schemes
Section 411.
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 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 registered or 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—
Part 4 of the Finance Act 2004 (pension schemes etc); and
Part III of the 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 pension 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
(c) a person’s voluntary withdrawal from an occupational pension scheme,
shall be disregarded for prescribed purposes of this paragraph.
(8) Chapter I of Part XIV of the 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 transfer of shares in a subsidiary of London Regional Transport to a private sector company; or
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 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.
In this sub-paragraph “company” means a company as defined in section 1(1) of the Companies Act 2006.
(4) Any powers—
(a) which were vested in the London Transport Board in relation to an LRT welfare scheme, and
(b) which have not become vested in London Regional Transport by virtue of a transfer under section 16(1) of the Transport (London) Act 1969 or otherwise,
shall be deemed to be vested in London Regional Transport by virtue of such a transfer.
(5) Anything done at any time by or in relation to London Regional Transport—
(a) before the coming into force of sub-paragraph (4) above, and
(b) in reliance on any power deemed by that sub-paragraph to be vested in London Regional Transport,
shall be as valid and effective as if the power had at that time been vested in London Regional Transport.
Section 419.
Part I Transfers from London Regional Transport to Transport for London
Interpretation
1 In this Part of this Schedule—
“qualifying transfer” means a transfer of property, rights or liabilities by virtue of a transfer instrument;
“successor” means the body to which property, rights or liabilities are transferred by virtue of a transfer instrument;
“transfer date”, in the case of any transfer, means the date on which the transfer takes effect;
“transfer instrument” means—
an order under section 408 or 411 of this Act;
a scheme under section 409 of this Act; or
an instrument or agreement which is certified to the Commissioners of Inland Revenue by London Regional Transport as made in pursuance of such an order or scheme;
“transferor” in relation to any qualifying transfer, means the body from which the property, rights or liabilities in question are transferred by virtue of the transfer instrument in question.
Chargeable gains: general
2 (1) For the purposes of the Taxation of Chargeable Gains Act 1992, where there is a qualifying transfer—
(a) from London Regional Transport or any of its subsidiaries,
(b) to Transport for London or any of its immediate subsidiaries,
the transfer of the property, rights and liabilities to which it relates shall be deemed, in relation to the successor as well as the transferor, to be for a consideration such that neither a gain nor a loss accrues to the transferor.
(2) For the purposes of this paragraph a company is an “immediate subsidiary” of Transport for London if—
(a) it is a subsidiary of Transport for London; but
(b) it is not a subsidiary of another company which is a subsidiary of Transport for London.
Group transactions
3 (1) For the purposes of section 179 of the Taxation of Chargeable Gains Act 1992 (company ceasing to be a member of a group) where, by virtue of a qualifying transfer from London Regional Transport or a subsidiary of London Regional Transport to Transport for London or a subsidiary of Transport for London, a company—
(a) ceases to be a member of the same group of companies as London Regional Transport, but
(b) becomes a member of a group of companies whose principal company (“the new principal”), whether it is the company or not, is a subsidiary of Transport for London,
the company shall not under that section be treated, in consequence of having so ceased, as at any time having sold, and immediately reacquired, any asset acquired from a company which is or has been a member of the former group.
(2) Subject to sub-paragraph (3) below, where sub-paragraph (1) above applies, or but for subsection (2) of section 179 of the Taxation of Chargeable Gains Act 1992 would apply, as respects any acquisition of any asset and the company that acquired the asset ceases to be a member of the same group of companies as the new principal, that section shall have effect as if—
(a) that asset had been acquired from the body which is the new principal; and
(b) the company had been a member of the same group of companies as that body when it was so acquired;
and where, for the purposes of that subsection, this sub-paragraph applies as respects more than one of a number of successive acquisitions of any asset, the fact that each is to be treated as an acquisition from the same person shall be disregarded.
(3) Where—
(a) any asset has been acquired by any company (“the leaving company”) from another company,
(b) both of those companies cease at the same time to be members of the same group of companies as the new principal, and
(c) those companies are associated companies both immediately before and immediately after that time and at the time of the acquisition of the asset by the leaving company,
sub-paragraph (2) above shall not apply as respects the acquisition of the asset by the leaving company.
(4) Expressions used in this paragraph and in section 179 of the Taxation of Chargeable Gains Act 1992 have the same meaning in this paragraph as in that section.
Capital allowances
4 (1) This paragraph applies in relation to any qualifying transfer of relevant assets—
(a) from London Regional Transport or any of its subsidiaries,
(b) to Transport for London or any of its subsidiaries.
(2) In this paragraph “relevant assets”, in the case of any qualifying transfer, means assets by reference to which capital allowances may be or have been made to the transferor.
(3) Where this paragraph applies in relation to a qualifying transfer of relevant assets—
(a) there shall be made to or on the successor in accordance with the the Capital Allowances Act 2001 all such allowances and charges as would, if the transferor had continued to carry on its trade or other activities, have fallen to be made to or on the transferor in respect of those assets; and
(b) the amount of any such allowance or charge shall be computed on a just basis as if—
(i) the acquisition of those assets by the transferor had been their acquisition by the successor for the purposes of the trade (if any) to be carried on by the successor on and after the transfer date;
(ii) the successor had been carrying on its trade (if any) at the time of that acquisition; and
(iii) everything done by or to the transferor in respect of those assets had been done by or to the successor (but so that the qualifying transfer itself, so far as it relates to any assets in use for the purpose of the trade, shall not be treated as giving rise to any such allowance or charge).
(4) The amounts falling to be taken into account in relation to the transferor as expenditure by reference to which capital allowances may be made shall be reduced, in relation to accounting periods beginning on or after the transfer date, by such amount as is just, taking into account the successor’s entitlement to capital allowances under sub-paragraph (3) above.
(5) The transferor’s entitlement to capital allowances for its accounting period in which the transfer date falls shall be reduced by an amount which is just.
(6) In the case of a qualifying transfer of relevant assets to Transport for London—
(a) in consequence of subsection (1) of section 419 of this Act, no allowances or charges are to be made to or on Transport for London by virtue of sub-paragraph (3) above; but
(b) sub-paragraphs (4) and (5) above shall have effect in relation to the transferor as if paragraph (a) had been omitted from that subsection.
(7) If any dispute arises as to the amount which is just for the purposes of sub-paragraph (3), (4) or (5) above—
(a) the Commissioners of Inland Revenue, the transferor or the successor may refer the dispute to the Secretary of State; and
(b) on any such reference, the amount which is just shall be such amount as the Secretary of State may determine with the approval of the Treasury.
(8) Neither—
(a) section 343(2) of the Taxes Act 1988 (company reconstructions without change of ownership), nor
(b) section 266 of the Capital Allowances Act 2001 (election where predecessor and successor are connected persons),
shall have effect by virtue of a qualifying transfer in relation to which this paragraph applies.
(9) Except as provided by this paragraph, a qualifying transfer in relation to which this paragraph applies shall be taken for the purposes of the Capital Allowances Act 2001 not to give rise to—
(a) any writing-down allowances, balancing allowances or balancing charges under Chapter 5 of Part 2 of that Act (plant and machinery allowances and charges),
(b) any disposal value being treated as received for the purposes of that Chapter,
(c) any qualifying expenditure being treated as incurred for the purposes of that Chapter, or
(d) any writing-down allowances, balancing allowances or balancing charges under Part 3 of that Act (industrial buildings allowances).
(10) In this paragraph and paragraph 10 below “the Capital Allowances Act 2001” includes, where the context admits, enactments which under the Taxes Act 1988 are to be treated as contained in the Capital Allowances Act 2001.
Preparatory transfers
5 (1) Paragraph 4 above shall have effect in relation to a preparatory transfer of relevant assets as it has effect in relation to a qualifying transfer in relation to which that paragraph applies.
(2) For the purposes of this paragraph, a “preparatory transfer” is a transfer of property, rights or liabilities—
(a) from London Regional Transport to a subsidiary of London Regional Transport,
(b) from a subsidiary of London Regional Transport to London Regional Transport, or
(c) from a subsidiary of London Regional Transport to another such subsidiary,
by virtue of an instrument, or in pursuance of an agreement, which is certified to the Commissioners of Inland Revenue by London Regional Transport as made in preparation for, or in pursuance of, a qualifying transfer falling within sub-paragraph (3) below.
(3) A qualifying transfer falls within this sub-paragraph if it is a transfer of shares in a company which—
(a) immediately before the transfer is a subsidiary of London Regional Transport; but
(b) as a result of the transfer becomes instead a subsidiary of Transport for London.
Part II Public-Private Partnership Agreements
Interpretation
6 (1) In this Part of this Schedule—
“PPP scheme” means a transfer scheme made in preparation for, or in pursuance of, a PPP agreement;
“predecessor”, in relation to any relevant transfer, means the body from which the property, rights or liabilities in question are transferred by virtue of the PPP scheme in question;
“private sector company” means a company which is not a public sector operator;
“relevant transfer” means a transfer of any property, rights or liabilities by virtue of a PPP scheme;
“transfer date”, in the case of a relevant transfer, means the date on which the transfer takes effect;
“transfer scheme” means a scheme made under or by virtue of section 9(6) of the London Regional Transport Act 1984;
“transferee”, in relation to a relevant transfer, means the body to which the property, rights or liabilities in question are transferred by virtue of the PPP scheme in question.
(2) Any reference in this Part of this Schedule to a PPP agreement includes a reference to a contract—
(a) which is not a PPP agreement, by reason of the condition in subsection (6) of section 210 of this Act remaining to be satisfied (whether or not the condition in subsection (5) of that section also remains to be satisfied); but
(b) as respects which London Regional Transport certifies to the Commissioners of Inland Revenue—
(i) that the contract is intended by the parties to become a PPP agreement; and
(ii) that such one or more of the parties as may be specified in the certificate are intended to become PPP companies.
(3) In the case of a contract falling within sub-paragraph (2) above, any reference in this Schedule to a PPP company includes a reference to any company in respect of which the certificate under paragraph (b)(ii) of that sub-paragraph is given.
(4) Except where the context otherwise requires, expressions used in this Part of this Schedule and in Chapter VII of Part IV of this Act have the same meaning in this Part of this Schedule as they have in that Chapter.
Revenue nature of payments under PPP agreements
7 Any payment made by a relevant body to a company in pursuance of a PPP agreement shall be deemed for the purposes of the Corporation Tax Acts—
(a) in the case of the relevant body, to be an expense of a revenue, rather than a capital, nature (and deductible accordingly in computing profits under Part 3 of the Corporation Tax Act 2009); and
(b) in the case of the company, to be a receipt of a trade carried on by the company (and taxable accordingly under Part 3 of the Corporation Tax Act 2009).
Chargeable gains: the share transfer to the private sector company
8 For the purposes of the Taxation of Chargeable Gains Act 1992, where pursuant to a PPP agreement there is a transfer of shares of a PPP company—
(a) from London Regional Transport or any of its subsidiaries,
(b) to a private sector company,
the transfer shall be deemed, in relation to the private sector company as well as the transferor, to be for a consideration such that neither a gain nor a loss accrues to the transferor.
Chargeable gains: company leaving the LRT group
9 (1) For the purposes of section 179 of the Taxation of Chargeable Gains Act 1992 (company ceasing to be a member of a group) where, by virtue of a transfer of shares or an agreement to transfer shares from London Regional Transport or a subsidiary of London Regional Transport to a private sector company, a company (“the transferred company”) which is or is to be a party to a PPP agreement—
(a) ceases to be a member of the same group of companies as London Regional Transport, but
(b) becomes a member of a group of companies (“the A group”) of which the private sector company is a member (or becomes a member by virtue of the transfer or agreement to transfer the shares),
the transferred company shall not under that section be treated, in consequence of having so ceased, as at any time having sold, and immediately reacquired, any asset acquired from a company which is or has been a member of the former group.
(2) Subject to sub-paragraph (3) below, where sub-paragraph (1) above applies, or but for subsection (2) of section 179 of the Taxation of Chargeable Gains Act 1992 would apply, as respects any acquisition of any asset and the company that acquired the asset ceases to be a member of the A group, that section shall have effect as if—
(a) the asset had been acquired from the principal company of the A group; and
(b) the company had been a member of the A group when it was so acquired;
and where, for the purposes of that subsection, this sub-paragraph applies as respects more than one of a number of successive acquisitions of any asset, the fact that each is to be treated as an acquisition from the same person shall be disregarded.
(3) Where—
(a) any asset has been acquired by any company (“the leaving company”) from another company,
(b) both of those companies cease at the same time to be members of the A group, and
(c) those companies are associated companies immediately before and immediately after that time and at the time of acquisition of the asset by the leaving company,
sub-paragraph (2) above shall not apply as respects the acquisition of the asset by the leaving company.
(4) Expressions used in this paragraph and in section 179 of the Taxation of Chargeable Gains Act 1992 have the same meaning in this paragraph as in that section.
Capital allowances: general
10 (1) This paragraph applies in relation to any relevant transfer—
(a) from London Regional Transport to a subsidiary of London Regional Transport,
(b) from a subsidiary of London Regional Transport to London Regional Transport, or
(c) from a subsidiary of London Regional Transport to another such subsidiary,
which is certified to the Commissioners of Inland Revenue by London Regional Transport as made in preparation for, or in pursuance of, a PPP agreement.
(2) A PPP scheme which provides for a relevant transfer in relation to which this paragraph applies may include provision for amounts of expenditure by reference to which capital allowances may be made to the predecessor in relation to anything—
(a) to which the transfer relates, and
(b) which is specified, or of a description specified, for the purpose in the PPP scheme,
to be allocated to the transferee and treated for the purposes of the Corporation Tax Acts, as respects periods beginning on or after the transfer date, as expenditure by reference to which capital allowances may be made to the transferee instead of to the predecessor.
(3) Where an amount of expenditure is allocated under sub-paragraph (2) above to the transferee then, subject to sub-paragraph (4) below, there shall be made to or on the transferee in accordance with the Capital Allowances Act 2001 all such allowances and charges as would have fallen to be made to or on him had he incurred expenditure of that amount on the transfer date in the acquisition, for the purposes of a trade carried on by him, of anything falling within paragraphs (a) and (b) of sub-paragraph (2) above.
(4) For the purposes of the Corporation Tax Acts, only such amounts (if any) as may be specified in or determined in accordance with the PPP scheme providing for a relevant transfer shall be allocated to the transferee in respect of expenditure by reference to which capital allowances may be made by virtue of sub-paragraph (3) above in relation to anything to which the transfer relates.
(5) The allocation in accordance with sub-paragraphs (2) and (4) above of an amount of expenditure to the transferee shall affect the amounts falling to be taken into account in relation to the predecessor as expenditure by reference to which capital allowances may be made only so far as necessary to give effect to a reduction of any such amount by a sum equal to so much of that amount as is so allocated to the transferee.
(6) If the PPP scheme in question so provides, then, notwithstanding sub-paragraph (5) above,—
(a) the predecessor shall be entitled, for its accounting period in which the transfer date falls, to allowances, determined in accordance with the PPP scheme, in respect of the amount so allocated, but
(b) for that purpose that amount shall be treated as reduced to the amount which bears to it the proportion which that part of the accounting period which falls before the transfer date bears to twelve months;
and a PPP scheme which makes any such provision may also make provision for or in connection with the making of an adjustment, determined in accordance with the PPP scheme, in relation to the transferee’s entitlement to allowances.
(7) Subject to sub-paragraph (8) below, the provisions of a PPP scheme providing for the determination of any amount which for the purposes of sub-paragraphs (2) and (4) above is to be allocated, in the case of any relevant transfer, to the transferee may include provision—
(a) for such a determination to be made by the Secretary of State in such manner as may be described in the scheme;
(b) for any amount determined to be calculated by reference to such factors, or to the opinion of such person, as may be so described;
(c) for or in connection with the making of any related determinations under sub-paragraph (6) above; or
(d) for a determination under those provisions, or under sub-paragraph (6) above, to be capable of being modified, on one or more occasions, in such manner and in such circumstances as may be so described.
(8) The consent of the Treasury shall be required for the making or modification of a determination of any such amount as is mentioned in sub-paragraph (7) above.
(9) Neither section 343 of the Taxes Act 1988 (company reconstructions without change of ownership) nor section 266 of the Capital Allowances Act 2001 (election where predecessor and successor are connected persons) shall have effect by virtue of a relevant transfer in relation to which this paragraph applies.
(10) Except as provided by this paragraph, a relevant transfer in relation to which this paragraph applies shall be taken for the purposes of the Capital Allowances Act 2001 not to give rise to—
(a) any writing-down allowances, balancing allowances or balancing charges under Chapter 5 of Part 2 of that Act (plant and machinery allowances and charges),
(b) any disposal value being treated as received for the purposes of that Chapter,
(c) any qualifying expenditure being treated as incurred for the purposes of that Chapter, or
(d) any writing-down allowances, balancing allowances or balancing charges under Part 3 of that Act (industrial buildings allowances).
Leases and easements
11 (1) This paragraph applies where by or under, or otherwise in connection with, a PPP agreement a relevant body—
(a) enters into an agreement to grant to a company a lease of, or an easement over, land which consists of or includes the whole or any part of a relevant site; or
(b) grants such a lease or easement to a company.
(2) In this paragraph “relevant site” means—
(a) an industrial building or structure, within the meaning of Part 3 of the Capital Allowances Act 2001; or
(b) land which, in relation to any fixture, within the meaning of Chapter 14 of Part 2 of that Act, is the relevant land for the purposes of that Chapter.
(3) Where this paragraph applies, the relevant body shall be deemed for the purposes of the Corporation Tax Acts to have such an interest in the relevant site in question as is sufficient for the agreement or grant to confer an appropriate interest on the company to which the lease or easement is, or is to be, granted (and the agreement or grant shall accordingly be taken for those purposes to confer such an interest).
(4) For the purposes of sub-paragraph (3) above, an “appropriate interest”—
(a) in the case of a relevant site falling within sub-paragraph (2)(a) above, is such an interest in the industrial building or structure in question as is, or is capable of being, for the purposes of Part 3 of the Capital Allowances Act 2001 the relevant interest (within the meaning of that Part) in relation to capital expenditure incurred by the company; or
(b) in the case of a relevant site falling within sub-paragraph (2)(b) above, is such an interest in the land in question as constitutes for the purposes of Chapter 14 of Part 2 of the Capital Allowances Act 2001 an interest in land (within the meaning of that Chapter) by virtue of paragraph (c) or (d), as the case may be, of section 175(1) of that Act.
(5) In this paragraph—
(a) any reference to granting a lease or easement includes a reference to purporting to do so; and
(b) any reference to a grant, or to a lease or easement, shall be construed accordingly.
(6) In this paragraph “lease” includes underlease.
Machinery and plant
12 (1) Nothing in—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) section 176(2) or (3) of that Act, or
(c) sections 67 and 68. of that Act,
shall, by reason only of any provision made by or under a PPP agreement, affect the entitlement of any company to capital allowances in respect of capital expenditure incurred by it.
(2) Where, in accordance with any provision made by or under a PPP agreement, any machinery or plant in respect of which a company has been entitled to allowances under Part 2 of the Capital Allowances Act 2001 falls to be transferred, on the expiration of the term of the PPP agreement, from the company—
(a) to a relevant body, or
(b) to such other body or person as a relevant body may specify in accordance with the PPP agreement,
the disposal constituted by that transfer shall be deemed for the purposes of that Part to be for a nil consideration, notwithstanding item 7 in the Table in section 61(2) of that Act.
Sale and leaseback
13 (1) Neither section 838 or 839 (limitation on tax reliefs) nor section 865 (leased trading assets: tax deduction not to exceed commercial rent) of the Corporation Tax Act 2010, nor any of sections 681AD, 681AE and 681CC of the Income Tax Act 2007 (which make corresponding provision), shall apply to any payment which falls to made under a PPP agreement.
(2) Chapter 4 of Part 19 of the Corporation Tax Act 2010 and Chapter 4 of Part 12A of the Income Tax Act 2007 (assets leased to traders and others) shall not apply to, or by reason of, any such payment.
Section 423.
Part I Financial provisions
Chapter | Short title | Extent of repeal
9 & 10 Eliz. 2 c. 62. | The Trustee Investments Act 1961. | In Schedule 1, in Part II, in paragraph 9(d), the words “the Receiver for the Metropolitan Police District or”.
1965 c. 63. | The Public Works Loans Act 1965. | In section 2(1)(a), the word “and” immediately preceding sub-paragraph (iii).
1968 c. 13. | The National Loans Act 1968. | In Schedule 4, in paragraph 1, in paragraph (a) of the definition of “local authority”, the word “and” immediately preceding sub-paragraph (iii).
1972 c. 70. | The Local Government Act 1972. | In section 168(5), the word “and” at the end of paragraph (b).
1982 c. 41. | The Stock Transfer Act 1982. | In Schedule 1, paragraph 7(1)(c) and the word “or” immediately preceding it.
1988 c. 41. | The Local Government Finance Act 1988. | In section 47(9)(b), the words “the Receiver for the Metropolitan Police District or”.
In section 111(3), the word “and”.
1989 c. 42. | The Local Government and Housing Act 1989. | In section 39(3), paragraph (e) and the word “or” immediately preceding it.
Section 155(4)(f).
Section 157(6)(f).
1992 c. 14. | The Local Government Finance Act 1992. | Section 19(3)(e).
Section 39(1)(e) and (f).
In section 43(5A), paragraph (b) and the word “and” immediately preceding it.
In section 46, subsections (2)(d), (3)(d) and (4).
In section 53(1), the words “other than the Receiver for the Metropolitan Police District”.
In section 65(3), the words “other than the Receiver for the Metropolitan Police District”.
In Schedule 4, in paragraph 5(8)(a), the words “other than the Receiver for the Metropolitan Police District”.
1999 c. 22. | The Access to Justice Act 1999. | In Schedule 10, paragraph 40.
Part II Transport for London and London Regional Transport
Chapter | Short title | Extent of repeal
10 & 11 Eliz. 2 c. 46. | The Transport Act 1962. | Section 67(2A).
Section 67(15)(b).
In section 67(16), the words “and London Regional Transport”.
1984 c. 32. | The London Regional Transport Act 1984. | The whole Act.
1985 c. 67. | The Transport Act 1985. | Part II.
Section 107.
1988 c. 41. | The Local Government Finance Act 1988. | In section 88(2), paragraphs (c) and (d).
1992 c. xvi. | The London Regional Transport (Penalty Fares) Act 1992. | The whole Act.
1993 c. 43. | The Railways Act 1993. | Section 2(1).
Part III Railways
Chapter | Short title | Extent of repeal
1993 c. viii. | The London Docklands Railway (Lewisham) (No.2) Act 1993. | Section 3(3) and (6).
1994 c. xi. | The Croydon Tramlink Act 1994. | In section 50, subsection (3), in subsection (7), the words from “and to such person” onwards and subsection (9).
Part IV The Transport Users’ Committee
Chapter | Short title | Extent of repeal
1974 c. 7. | The Local Government Act 1974. | In section 25(1), the word “and” preceding paragraph (d).
Part V Hackney carriages and private hire vehicles
Chapter | Short title | Extent of repeal
32 & 33 Vict. c.115. | The Metropolitan Public Carriage Act 1869. | In section 7, the words “by the said Secretary of State”.
1968 c. 7. | The London Cab Act 1968. | In section 2(3), the words from “and shall be exercisable” to the end of the subsection.
In section 4A(3), the words from “and shall be exercisable” to the end of the subsection.
1981 c. 56. | The Transport Act 1981. | Section 35(1) and (2).
1985 c. 67. | The Transport Act 1985. | In section 10, in subsection (5)(c), the words “if made otherwise than by the Secretary of State”, in subsection (8), the words “Except in the case of a scheme made by the Secretary of State,” and subsection (10).
1989 c. 43. | The Statute Law (Repeals) Act 1989. | In Schedule 2, in Part II, paragraph 7.
1998 c. 34. | The Private Hire Vehicles (London) Act 1998. | Section 38.
Part VI Highways and traffic control
Chapter | Short title | Extent of repeal
1980 c. 66. | The Highways Act 1980. | Section 90E(3).
1984 c. 27. | The Road Traffic Regulation Act 1984. | Sections 12 and 13.
In section 26(4)(a), the words “and the commissioner of police of the metropolis”, “or him” and “or metropolitan police district”.
Section 27.
In section 45(1), in the second paragraph, the words “outside Greater London”.
In section 55(4), the word “and” immediately preceding paragraph (d).
In section 73(1), the words “in their area”.
Section 76.
1985 c. 51. | The Local Government Act 1985. | In Schedule 4, paragraph 53.
In Schedule 5, paragraph 5.
In Schedule 5, in paragraph 6, in sub-paragraph (1) the words “Greater London or” and “Greater London or, as the case may be,” and paragraph (a), sub-paragraph (2)(b) and the word “and” immediately preceding it, in sub-paragraph (3) the words from the beginning to “(1)(a) above, and”, in sub-paragraph (4) the words “a London borough or” and “Greater London or, as the case may be,”, in sub-paragraph (6)(a) the words “London borough or” and sub-paragraph (7).
In Schedule 5, in paragraph 7(2), the words “London borough or”.
In Schedule 5, in paragraph 10(1) and (7) the words “Greater London or”.
In Schedule 5, in paragraph 11, the words “London borough or”.
In Schedule 5, in paragraph 12, in sub-paragraph (1) the words “or the Greater London Council”, sub-paragraph (2)(b) and the word “and” immediately preceding it, and sub-paragraph (3)(a).
In Schedule 5, in paragraph 13, in paragraph (c) the words “or London borough” and paragraph (d) and the word “and” immediately preceding it.
1991 c. 40. | The Road Traffic Act 1991. | Sections 50 to 63.
In section 73(2), the words “and section 74 of this Act”.
Section 80.
Schedule 5.
Part VII The metropolitan police
Chapter | Short title | Extent of repeal
10 Geo. 4 c. 44. | The Metropolitan Police Act 1829. | Section 1.
Sections 4 and 5.
Sections 10 to 12.
Section 22.
19 & 20 Vict. c. 2. | The Metropolitan Police Act 1856. | Section 2.
Sections 6 to 8.
24 & 25 Vict. c. 124. | The Metropolitan Police (Receiver) Act 1861. | Section 1
Section 5.
Section 9.
30 & 31 Vict. c. 39. | The Metropolitan Police (Receiver) Act 1867. | Section 1.
49 & 50 Vict. c. 22. | The Metropolitan Police Act 1886. | Section 2.
Section 4.
Sections 6 and 7.
49 & 50 Vict. c. 38. | The Riot (Damages) Act 1886. | In section 9, in the definition of the expression “compensation authority” paragraph (b) and, in paragraph (c), the word “other”.
50 & 51 Vict. c. 45. | The Metropolitan Police Act 1887. | The whole Act.
58 & 59 Vict. c. 12. | The Metropolitan Police (Receiver) Act 1895. | The whole Act.
60 & 61 Vict. c. 26. | The Metropolitan Police Courts Act 1897. | The whole Act.
60 & 61 Vict. c. 30. | The Police (Property) Act 1897. | In section 2(2B), in paragraph (a), the words “listed in Schedule 1 to the Police Act 1996 or the City of London police area”, and paragraph (b).
62 & 63 Vict. c. 26. | The Metropolitan Police Act 1899. | Section 1.
9 Edw. 7 c. 40. | The Police Act 1909. | Section 1.
26 Geo. 5 & 1 Edw. 8 c. 47. | The Crown Lands Act 1936. | In section 1, the proviso to subsection (4).
In section 3, in subsection (1), the words “or offices for the metropolitan police” and subsection (2).
2 & 3 Geo. 6 c. xcvii. | The London Building Acts (Amendment) Act 1939. | Section 151(1)(bb).
11 & 12 Geo. 6 c. 26. | The Local Government Act 1948. | Section 121.
7 & 8 Eliz. 2 c. 45. | The Metropolitan Magistrates’ Courts Act 1959. | In section 4(2), the words “, or of the metropolitan police force,”.
1964 c. 42. | The Administration of Justice Act 1964. | In section 38(1), the definition of “the Receiver”.
1967 c. 88. | The Leasehold Reform Act 1967. | In section 28(5)(a), the word “and” where second occurring.
1968 c. 27. | The Firearms Act 1968. | In section 57(4), paragraph (b) and the word “or” immediately preceding it.
1972 c. 70. | The Local Government Act 1972. | In section 107(1)(a), the words “other than the Secretary of State”.
In section 146A(1), the word “and” where first occurring.
1974 c. 7. | The Local Government Act 1974. | In section 1(6), paragraph (a) and the words “of the Receiver for the Metropolitan Police District or”.
1975 c. 24. | The House of Commons Disqualification Act 1975. | In Schedule 1, in Part III, the entries relating to the offices of Commissioner or Assistant Commissioner of Police of the Metropolis, officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and Receiver for the Metropolitan Police District.
1975 c. 25. | The Northern Ireland Assembly Disqualification Act 1975. | In Schedule 1, in Part III, the entries relating to the offices of Commissioner or Assistant Commissioner of Police of the Metropolis, officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and Receiver for the Metropolitan Police District.
1980 c. 65. | The Local Government, Planning and Land Act 1980. | In section 54, in subsection (1), the words “and the Receiver”; subsection (7)(a); in subsection (9), paragraph (b) and the word “plus” immediately preceding it; in subsection (10) the words “of the Receiver or”; and subsection (11).
1982 c. 36. | The Aviation Security Act 1982. | Section 26(4).
In section 29(2)(a), the words from “(or,” to “metropolis)”.
Section 29(3).
In section 30(3)(c), the words from “or, if that area is the metropolitan” onwards.
In section 31(1), the definition of “members of the metropolitan civil staffs”.
1982 c. 50. | The Insurance Companies Act 1982. | In Schedule 2, in Part I, in entry number 1, in the third column, the words “or section 2 of the Police (Insurance of Voluntary Assistants) Act 1997”.
1984 c. 27. | The Road Traffic Regulation Act 1984. | In section 97, in subsection (1), the words “employed outside the metropolitan police district” and subsection (4).
1984 c. 33. | The Rates Act 1984. | In section 1(4)(a), the words “or by the Receiver for the Metropolitan Police District”.
1988 c. 41. | The Local Government Finance Act 1988. | Section 126(5).
1988 c. 52. | The Road Traffic Act 1988. | Section 124(3).
In section 144(2)(b) the words “or the Receiver for the Metropolitan Police District” and “or employed by the Receiver”.
1990 c. 8. | The Town and Country Planning Act 1990. | In section 336(1), in paragraph (a) of the definition of “local authority” the words “(except the Receiver for the Metropolitan Police District)”.
1994 c. 23. | The Value Added Tax Act 1994. | In section 33(3)(f), the words “and the Receiver for the Metropolitan Police District”.
1996 c. 16. | The Police Act 1996. | In section 1(3), the words “but excluding any part of it within the metropolitan police district”.
Section 22(7).
Section 25(2).
Section 26(7).
Section 28(4).
In section 29, paragraph (a) and, in paragraph (b), the words “in any other case”.
In section 32, in subsection (3)(a), the words “(other than the metropolitan police district)” and subsection (5).
In section 33(1)(a), the words “(other than the metropolitan police authority)”.
Section 44(5).
In section 55(3)(a) and (6), the words “(except where he is himself the police authority)”.
In section 65, in the definition of “the appropriate authority”, paragraph (a) and the word “other” in paragraph (b).
Section 93(3).
In section 95, in the words preceding paragraph (a), the words “the metropolitan police fund and” and “respectively (subject, in the case of the metropolitan police fund, to the approval of the Secretary of State)”, in paragraph (a), the words “the metropolitan police district or” and, in paragraph (b), the words “the metropolitan police force or”.
Section 96(3) to (5).
In section 101, in the definition of “police fund”, paragraph (b).
In Schedule 2, paragraphs 4(2), 12 and 26(2).
In Schedule 6, in paragraph 2(1)(b), the words from “or” onwards.
1997 c. 45. | The Police (Insurance of Voluntary Assistants) Act 1997. | Sections 2 and 3.
1997 c. 50. | The Police Act 1997. | In section 119(3), the words “or, in the case of the metropolitan police force, the Receiver for the Metropolitan Police District,”.
In Schedule 1, paragraphs 5, 8(4) and 10(4).
In Schedule 3, paragraph 1(6)(b) and the word “or” preceding it.
In Schedule 5, paragraph 1(6)(b) and the word “or” preceding it.
1997 c. 65. | The Local Government (Contracts) Act 1997. | Section 1(3)(c).
Part VIII The Fire etc Authority
Chapter | Short title | Extent of repeal
1976 c. 57. | The Local Government (Miscellaneous Provisions) Act 1976. | In section 44(1), the word “and” in paragraph (a) of the definition of “local authority”.
1980 c. 65. | The Local Government, Planning and Land Act 1980. | In section 98(8A), the word “and” at the end of paragraph (d).
1982 c. 30. | The Local Government (Miscellaneous Provisions) Act 1982. | In section 45(2), the word “and” at the end of each of paragraphs (b) and (bb).
1985 c. 51. | The Local Government Act 1985. | Section 27.
Section 30(2)(a).
In Schedule 10, Part I.
1985 c. 68. | The Housing Act 1985. | In section 4(e), the word “and” where it occurs after “Police Act 1996”.
1985 c. 70. | The Landlord and Tenant Act 1985. | In section 38, in the definition of “local authority”, the word “and” immediately preceding “joint authority”.
1987 c. 6. | The Local Government Finance Act 1987. | In Schedule 2, in paragraph 6(5), the words “or the London Fire and Civil Defence Authority”.
1988 c. 41. | The Local Government Finance Act 1988. | Section 111(2)(h).
1988 c. 50. | The Housing Act 1988. | In section 74(8), the word “and” at the end of paragraph (e).
1989 c. 42. | The Local Government and Housing Act 1989. | In section 152(2), the word “and” at the end of paragraph (l).
1995 c. x. | The London Local Authorities Act 1995. | Section 44.
1996 c. 53. | The Housing Grants, Construction and Regeneration Act 1996. | In section 3(2), the word “or” at the end of paragraph (i).
Part IX Miscellaneous
Chapter | Short title | Extent of repeal
7 & 8 Vict. c. 60. | The Trafalgar Square Act 1844. | In section 2, the words from “by and out of such Monies” to “by Authority of Parliament”.
1974 c. 7. | The Local Government Act 1974. | In section 25(1), the word “and” at the end of paragraph (cb).
1985 c. 51. | The Local Government Act 1985. | In section 88, in subsection (1), the words “Greater London or” and subsection (12)(a).
1990 c. 8. | The Town and Country Planning Act 1990. | Section 3.
1994 c. 40. | The Deregulation and Contracting Out Act 1994. | In section 70(1)(b), the word “or” where first occurring.