(1) There is to be a London Fire Commissioner.
(2) The London Fire Commissioner is a corporation sole.
(3) The Mayor is to appoint the London Fire Commissioner.
(4) The London Fire Commissioner has—
(a) the functions of the fire and rescue authority for Greater London under the Fire and Rescue Services Act 2004, and
(b) the other functions conferred on the Commissioner by or by virtue of any other enactment.
(5) The London Fire Commissioner must secure that the London Fire and Rescue Service is efficient and effective.
(6) In subsection (5) “the London Fire and Rescue Service” means the personnel, services and equipment secured by the London Fire Commissioner for the purposes of the carrying out of the Commissioner's functions under—
(a) section 6 of the Fire and Rescue Services Act 2004 (fire safety),
(b) section 7 of that Act (fire-fighting),
(c) section 8 of that Act (road traffic accidents),
(d) any order under section 9 of that Act (emergencies) which applies to the Commissioner, or
(e) any other provision of or made under an enactment which confers functions on a fire and rescue authority.
(7) The Mayor must hold the London Fire Commissioner to account for the exercise of the Commissioner's functions.
(8) Schedule 27A makes further provision about the London Fire Commissioner.
327B Disqualification for appointment as London Fire Commissioner
(1) A person may not be appointed as the London Fire Commissioner unless the person has reached the age of 18.
(2) A person is disqualified from being appointed as, or being, the London Fire Commissioner if the person is a member of the Assembly or a London borough council.
(3) A person is disqualified from being appointed as, or being, the London Fire Commissioner if—
(a) the person is the subject of—
(i) a debt relief restrictions order under paragraph 1 of Schedule 4ZB to the Insolvency Act 1986,
(ii) an interim debt relief restrictions order under paragraph 5 of that Schedule,
(iii) a bankruptcy restrictions order under paragraph 1 of Schedule 4A to that Act, or
(iv) a bankruptcy restrictions interim order under paragraph 5 of that Schedule,
(b) a debt relief restrictions undertaking has effect in respect of the person under paragraph 7 of Schedule 4ZB to that Act,
(c) the person has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any imprisonable offence (whether or not sentenced to a term of imprisonment in respect of the offence), or
(d) the person is incapable of being elected as a member of the House of Commons, or is required to vacate a seat in the House of Commons, under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices).
(4) For the purposes of subsection (3)(c) “an imprisonable offence” means an offence—
(a) for which a person who has reached the age of 18 may be sentenced to a term of imprisonment, or
(b) for which, in the case of such a person, the sentence is fixed by law as life imprisonment.
(5) For the purposes of subsection (3)(c) a person is to be treated as having been convicted—
(a) on the expiry of the ordinary period allowed for an appeal or application in respect of the conviction, or
(b) if an appeal or application is made in respect of the conviction, when the appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution.
327C Suspension and removal of London Fire Commissioner
(1) The Mayor may with the approval of the Secretary of State suspend the London Fire Commissioner from duty.
(2) If the Mayor suspends the London Fire Commissioner from duty, the Mayor must notify the Secretary of State of the suspension.
(3) The Mayor may, subject to subsections (5) and (6), and with the approval of the Secretary of State, call upon the London Fire Commissioner to resign or retire.
(4) The London Fire Commissioner must resign or retire if called upon to do so in accordance with subsection (3).
(5) Before calling upon the London Fire Commissioner to resign or retire, the Mayor must—
(a) give the Commissioner a written explanation of the reasons why the Mayor is proposing to call for the Commissioner's resignation or retirement,
(b) give the Commissioner the opportunity to make written representations about the proposal to call for the Commissioner's resignation or retirement, and
(c) consider any written representations made by the Commissioner.
(6) The Mayor must comply with subsection (5) before seeking the approval of the Secretary of State to call upon the London Fire Commissioner to resign or retire.
(1) The Mayor may issue to the London Fire Commissioner—
(a) guidance as to the manner in which the Commissioner is to exercise the Commissioner's functions,
(b) general directions as to the manner in which the Commissioner is to exercise the Commissioner's functions, or
(c) specific directions as to the exercise of the Commissioner's functions.
(2) Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction.
(3) The guidance or directions which may be issued by the Mayor under subsection (1) above include guidance or directions as to the manner in which the London Fire Commissioner—
(a) is to perform any of the Commissioner's duties, or
(b) is to conduct any legal proceedings.
(4) In exercising any power conferred by this section, the Mayor must have regard to—
(a) the Fire and Rescue National Framework, and
(b) fire safety enforcement guidance.
(5) In this section—
“the Fire and Rescue National Framework” means the Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004;
“fire safety enforcement guidance” means guidance under article 26 (enforcement) of the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) given by the Secretary of State to the London Fire Commissioner in the Commissioner's capacity as an enforcing authority for the purposes of that Order.
327E Directions to the Mayor by the Secretary of State
(1) This section applies if the Secretary of State thinks that any guidance or directions (“the inconsistent guidance or directions”) issued under section 327D by the Mayor are inconsistent with—
(a) the Fire and Rescue National Framework, or
(b) fire safety enforcement guidance.
(2) In order to remove the inconsistency, the Secretary of State may direct the Mayor—
(a) to make such revisions of the inconsistent guidance or directions as may be specified by the Secretary of State in the direction, or
(b) if the inconsistency arises from a specific direction under section 327D(1)(c) above, to revoke the direction.
(3) Any direction given by the Secretary of State under subsection (2) above must specify or otherwise identify the inconsistency in question.
(4) The Mayor must comply with any direction under subsection (2) above.
(5) In this section “the Fire and Rescue National Framework” and “fire safety enforcement guidance” have the same meanings as in section 327D.
(1) The Mayor may arrange for the Deputy Mayor for Fire to exercise any function of the Mayor relating to fire and rescue.
(2) In this Part “the Deputy Mayor for Fire” means—
(a) a person who has been appointed by the Mayor under section 67(1)(b) as the Deputy Mayor for Fire, or
(b) a person who has been appointed by the Mayor under section 67(1)(b) and designated by the Mayor as the Deputy Mayor for Fire.
(3) In subsection (1) the reference to the functions of the Mayor relating to fire and rescue are to the Mayor's functions under—
(a) section 327A(7) (duty to hold London Fire Commissioner to account), and
(b) section 327D(1) (power to give guidance and directions to the London Fire Commissioner).
(4) Section 327E applies in relation to the exercise of functions under section 327D(1) by the Deputy Mayor for Fire as it applies in relation to their exercise by the Mayor.
327G Scrutiny of documents prepared by London Fire Commissioner
(1) This section applies to a document which is prepared and published by the London Fire Commissioner in accordance with the Fire and Rescue National Framework and which—
(a) sets out the Commissioner's priorities and objectives, for the period covered by the document, in connection with the discharge of the Commissioner's functions, or
(b) contains a statement of the way in which the Commissioner has had regard, in the period covered by the document, to the Framework and to any document within paragraph (a) prepared by the Commissioner for that period.
(2) The Commissioner must, before publishing the document or any revision to it, send a copy of the document or revision in draft to the Mayor and the Assembly.
(3) The Commissioner may not publish the document or any revision to it unless—
(a) the Assembly has had an opportunity to review the draft document or revision, and make a report on it to the Mayor, under section 327I(1), and
(b) the Mayor has approved the draft document or revision.
(4) In this section “the Fire and Rescue National Framework” has the same meaning as in section 327D.
(1) The Assembly must arrange for the functions referred to in subsection (2) to be discharged on its behalf by a particular committee of the Assembly (“the fire and emergency committee”).
(2) Those functions (“the fire and emergency committee functions”) are—
(a) the functions conferred on the Assembly by section 327I, and
(b) the functions conferred on the Assembly by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire.
(3) The Assembly may not arrange for the fire and emergency committee functions to be discharged on its behalf otherwise than in accordance with subsection (1).
(4) The Assembly may not arrange for any of its other functions to be discharged by the fire and emergency committee.
(5) The special scrutiny functions may only be exercised at a meeting of the whole committee; but that is without prejudice to rules of procedure about the quorum of a meeting of the whole committee.
(6) Any provision made by or by virtue of an enactment which applies to committees of the Assembly, apart from the excluded provisions, applies to the fire and emergency committee as if the fire and emergency committee functions were to be discharged by the committee by virtue of arrangements under section 54(1)(a).
(7) In subsection (6) “the excluded provisions” means—
(a) section 54(5), so far as it provides for the Assembly to retain power to exercise functions delegated to a committee, and
(b) section 55 (Assembly committees and sub-committees).
(8) Any provision made by or by virtue of an enactment which confers, or relates to, the fire and emergency committee functions is to be read with the appropriate modifications; in particular—
(a) references to the Assembly are to be read as references to the fire and emergency committee, and
(b) references to proceedings of the Assembly are to be read as references to proceedings of the fire and emergency committee.
(9) For the purposes of subsection (8), references to the fire and emergency committee include references to a sub-committee or member (if any) by whom functions are to be discharged in accordance with section 54(3).
(10) The following provisions apply to the fire and emergency committee—
(a) the number of members of the committee, and their term of office, are to be fixed by the Assembly;
(b) persons who are not members of the Assembly may be members of the committee.
(11) The following provisions apply to any sub-committee by which fire and emergency committee functions are to be discharged—
(a) the number of members of the sub-committee, and their term of office, are to be fixed by the fire and emergency committee;
(b) persons who are not members of the Assembly may be members of the sub-committee.
(12) The fire and emergency committee functions must be exercised with a view to supporting the effective exercise of the functions of the London Fire Commissioner.
(13) In this section “special scrutiny functions” means the functions conferred—
(a) by section 327I(1), or
(b) by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire.
327I Functions to be discharged by the fire and emergency committee
(1) The Assembly must—
(a) review any draft document or revision given to the Assembly by the London Fire Commissioner under section 327G(2), and
(b) make a report or recommendations on the draft document or revision to the Mayor.
(2) The Assembly must keep under review the exercise of the functions of the London Fire Commissioner, insofar as the Assembly is not otherwise required to do so by the other provisions of this section or by Schedule 4A.
(3) For the purposes of subsection (2), the powers of the Assembly include, in particular, power to investigate, and prepare reports about—
(a) any actions and decisions of the London Fire Commissioner,
(b) any actions and decisions of an officer of the London Fire Commissioner,
(c) matters relating to the functions of the London Fire Commissioner,
(d) matters in relation to which the functions of the London Fire Commissioner are exercisable, or
(e) any other matters which the Assembly considers to be of importance to fire and rescue services in Greater London.
(4) The Assembly may investigate, and prepare reports about, the actions and decisions of the Deputy Mayor for Fire.
(5) The Assembly may submit proposals to the London Fire Commissioner.
(6) The Assembly may require a person referred to in subsection (7)—
(a) to attend proceedings of the Assembly for the purpose of giving evidence, or
(b) to produce to the Assembly documents in the person's possession or under the person's control.
(7) Those persons are—
(a) the Deputy Mayor for Fire,
(b) the London Fire Commissioner,
(c) any officer of the London Fire Commissioner,
(d) any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (6) been the Deputy Mayor for Fire or the London Fire Commissioner.
(8) Nothing in subsection (6) requires an officer of the London Fire Commissioner to give any evidence, or produce any document, which discloses advice given to the London Fire Commissioner by that officer.
(9) The following provisions apply (with appropriate modifications) to a requirement under subsection (6) as they apply to a requirement under section 61(1)—
(a) section 61(14) (meaning of document etc);
(b) section 62(3) to (6) (procedure for requiring attendance);
(c) section 63 (restriction of information);
(d) section 64 (failure to attend proceedings);
(e) section 65 (openness).
(1) The Authority may acquire land in Greater London compulsorily for the purposes of housing or regeneration.
(2) The Authority may exercise the power in subsection (1) only if the Secretary of State authorises it to do so.
(3) The power in subsection (1) includes power to acquire new rights over land.
(4) Subsection (5) applies where—
(a) land forming part of a common, open space or allotment is being acquired under subsection (1), or
(b) new rights are being acquired under subsection (1) over land forming part of a common, open space or allotment.
(5) The power under subsection (1) includes power to acquire land compulsorily for giving in exchange for that land or those new rights.
(6) Part 1 of Schedule 2 to the Housing and Regeneration Act 2008 (compulsory acquisition of land by the Homes and Communities Agency) applies in relation to the acquisition of land under subsection (1) as it applies in relation to the acquisition of land under section 9 of that Act.
(7) In that Part of that Schedule as applied by subsection (6)—
(a) references to section 9 of that Act are to be read as references to subsection (1),
(b) references to the Homes and Communities Agency are to be read as references to the Authority, and
(c) references to Part 1 of that Act are to be read as references to this Part.
(8) The provisions of Part 1 of the Compulsory Purchase Act 1965 (other than section 31) apply, so far as applicable, to the acquisition by the Authority of land by agreement for the purposes of housing or regeneration.
(9) In this section—
“allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;
“common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981;
“open space” means any land which is—
laid out as a public garden,
used for the purposes of public recreation, or
a disused burial ground.
333ZB Powers in relation to land ... held for housing or regeneration purposes
(1) Schedule 3 to the Housing and Regeneration Act 2008 (powers in relation to land acquired by the Homes and Communities Agency) applies in relation to the Authority and land held by it for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and its land.
(2) In that Schedule as applied by subsection (1)—
(a) references to the Homes and Communities Agency are to be read as references to the Authority , and
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) references to the Homes and Communities Agency's land are to the Authority's land held by it for the purposes of housing or regeneration.
(3) Schedule 4 to that Act (powers in relation to, and for, statutory undertakers) applies in relation to the Authority and land held by it for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and its land.
(4) In that Schedule as applied by subsection (3)—
(a) references to the Homes and Communities Agency are to be read as references to the Authority,
(b) references to the Homes and Communities Agency's land are to the Authority's land held by it for the purposes of housing or regeneration,
(c) references to Part 1 of that Act are to be read as references to this Part, and
(d) references to the functions of the Homes and Communities Agency under Part 1 of that Act are to be read as references to the functions of the Authority relating to housing or regeneration.
(5) In this section references to the Authority include a company or body through which the Authority exercises functions in relation to housing or regeneration.
(6) Subsection (5) does not affect the application of Parts 3 and 4 of Schedule 4 to the Housing and Regeneration Act 2008—
(a) in relation to the acquisition of land by the Authority under this Part, or
(b) in relation to land in respect of which functions of the Authority relating to housing or regeneration are being or have been exercised.
333ZC Disposal etc of land held for housing and regeneration purposes
(1) The Authority may not dispose of land held by it for the purposes of housing or regeneration for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.
(2) Consent under subsection (1)—
(a) may be general or specific;
(b) may be given unconditionally or subject to conditions.
(3) Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—
(a) the grant of a term of not more than 7 years, or
(b) the assignment of a term which, at the date of assignment, has not more than 7 years to run.
(4) A disposal of land by the Authority is not invalid merely because any consent required by subsection (1) has not been given.
(5) A person dealing with—
(a) the Authority, or
(b) a person claiming under the Authority,
in relation to any land need not be concerned as to whether any consent required by subsection (1) has been given.
(1) Subject to subsection (2), sections 31 to 36 of the Housing and Regeneration Act 2008 (social housing functions) apply in relation to the Authority as they apply in relation to the Homes and Communities Agency.
(2) In those sections as applied by subsection (1)—
(a) references to the Homes and Communities Agency are to be read as references to the Authority,
(b) the definition of “social housing assistance” in section 32(13) is to be read as if the reference to financial assistance given under section 19 of that Act were to financial assistance given by the Authority,
(c) section 34 is to be read as if subsection (1) were omitted, and
(d) section 35(1) is to be read as if the reference to section 19 of the Housing and Regeneration Act 2008 were omitted and as if the reference in paragraph (b) to a dwelling in England outside Greater London were to a dwelling in Greater London.
(3) Sums received by the Authority in respect of repayments of grants made by it for the purposes of social housing are to be used by it for those purposes.
333ZF Relationship with the Regulator of Social Housing: general
(1) The Authority must, in the exercise of its housing and regeneration functions, co-operate with the Regulator of Social Housing (referred to in this Part as “the Regulator”).
(2) In particular, the Authority must consult the Regulator on matters likely to interest the Regulator in the exercise of its social housing functions.
(3) The Regulator must, in the exercise of its social housing functions, co-operate with the Authority.
(4) In particular, the Regulator must consult the Authority on matters likely to interest the Authority in the exercise of its housing and regeneration functions.
333ZG Relationship with the Regulator of Social Housing: directions
(1) The Regulator may direct the Authority not to give financial assistance in connection with social housing to a specified registered provider of social housing.
(2) A direction may be given if—
(a) the Regulator has decided to hold an inquiry into affairs of the registered provider of social housing under section 206 of the Housing and Regeneration Act 2008 (and the inquiry is not concluded),
(b) an event mentioned in section 145(2) of that Act has occurred in relation to the registered provider of social housing, or
(c) the Regulator has appointed an officer of the registered provider of social housing under section 269 of that Act (and the person appointed has not vacated office).
(3) A direction may prohibit the Authority from giving assistance of a specified kind (whether or not in pursuance of a decision already taken and communicated to the registered provider of social housing).
(4) A direction may not prohibit grants to a registered provider of social housing in respect of discounts given by the provider on disposals of dwellings to tenants.
(5) A direction has effect until withdrawn.
(6) In this section the following terms have the same meaning as in Part 2 of the Housing and Regeneration Act 2008—
“disposal” (see section 273 of that Act);
“dwelling” (see section 275 of that Act);
“tenant” (see section 275 of that Act).
333ZH Relationship with the Regulator of Social Housing: further provisions
(1) Subsection (2) applies if the Authority is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation.
(2) The Authority must consult the Regulator about the proposals.
(3) The Authority must notify the Regulator at least 14 days before exercising, in relation to a registered provider of social housing, any of the powers conferred by section 32(2) to (4) of the Housing and Regeneration Act 2008 (recovery etc of social housing assistance).
(4) The Authority must consult the Regulator before making a general determination under section 32 or 33 of the Housing and Regeneration Act 2008.
(5) For the purposes of this section a person provides low cost home ownership accommodation if (and only if) the person acquires, constructs or converts any housing or other land for use as low cost home ownership accommodation or ensures such acquisition, construction or conversion by another.
(6) In this section “low cost home ownership accommodation” has the meaning given by section 70 of the Housing and Regeneration Act 2008.
333ZI Exercise of functions by the Authority in relation to certain property etc
(1) The Authority may do in relation to any property, rights or liabilities, or any undertaking, to which this section applies anything that the Commission for the New Towns or (as the case may be) an urban development corporation could do in relation to the property, rights or liabilities or the undertaking.
(2) This section applies to—
(a) any property, rights or liabilities that—
(i) have been or are to be transferred to the Authority from the Homes and Communities Agency by virtue of section 190 of the Localism Act 2011, and
(ii) were transferred to the Homes and Communities Agency from the Commission for the New Towns by virtue of section 51 of and Schedule 6 to the Housing and Regeneration Act 2008,
(b) an undertaking, or part of an undertaking, of an urban development corporation that has been or is to be transferred to the Authority by virtue of an agreement under section 165 of the Local Government, Planning and Land Act 1980,
(c) any property, rights or liabilities of an urban development corporation that have been or are to be transferred to the Authority by virtue of an order under section 165B of the Local Government, Planning and Land Act 1980, and
(d) any property, rights or liabilities that—
(i) have been or are to be transferred to the Authority from the Homes and Communities Agency by virtue of section 190 of the Localism Act 2011, and
(ii) were transferred to the Homes and Communities Agency from an urban development corporation by virtue of an order under section 165B of the Local Government, Planning and Land Act 1980.
(3) In any enactment (whenever passed or made) references to the Authority's new towns and urban development functions are to its functions in relation to any property, rights or liabilities, or any undertaking, to which this section applies (whether exercisable by virtue of this section or otherwise).
(4) In subsection (3) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
333ZJ Grants to the Authority for housing and regeneration purposes
(1) The Secretary of State may pay to the Authority grants of such amounts as the Secretary of State may, with the Treasury's consent, determine in respect of the exercise of the Authority's functions relating to housing and regeneration.
(2) A grant under this section may be paid at such times, or in such instalments at such times, as the Secretary of State may, with the Treasury's consent, determine.
(3) A grant under this section may be made subject to such conditions as the Secretary of State may determine.
(4) Conditions under subsection (3) may, in particular, include—
(a) provision as to the use of the grant;
(b) provision as to the use of any funds generated by activities funded by the grant;
(c) provision as to the circumstances in which the whole or part of the grant must be repaid.
(1) The Mayor shall prepare and (subject to section 333B(1) below) publish a document to be known as the “London housing strategy”.
(2) The London housing strategy shall contain—
(a) the Mayor's assessment of housing conditions in Greater London and of the needs of Greater London with respect to the provision of further housing accommodation;
(b) any proposals or policies of the Mayor to promote the improvement of those conditions and the meeting of those needs;
(c) a statement of the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of improving those conditions and meeting those needs;
(d) a statement of the Mayor's spending proposals for the relevant period.
(3) The Mayor's spending proposals for any period are—
(a) a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be made available to the Authority;
(b) proposals as to the exercise by the Authority of its functions of giving housing financial assistance (see subsection (4) below);
(c) a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be granted to each local housing authority in Greater London.
(4) Proposals under subsection (3)(b) above may include—
(a) proposals as to the amount of housing financial assistance to be given for different activities or purposes;
(b) proposals as to the number, type and location of houses to be provided by means of housing financial assistance.
(5) The London housing strategy shall contain a statement of the Mayor's expectations as to how local housing authorities will use any money granted to them as mentioned in subsection (3)(c) above.
(6) The London housing strategy shall also contain such other matters relating to housing in Greater London as the Secretary of State may direct.
(7) In preparing or revising the London housing strategy the Mayor shall have regard to—
(a) the effect of his proposals and policies on any region which adjoins Greater London;
(b) any guidance given to him by the Secretary of State regarding the preparation or revision of the strategy.
(8) In preparing or revising the London housing strategy the Mayor shall consult—
(a) the Homes and Communities Agency ;
(ab) the Regulator of Social Housing;
(b) such bodies as appear to him to be representative of private registered providers of social housing.
(9) Where the Mayor revises the London housing strategy, he shall (subject to section 333B(1) below) publish it as revised.
(10) In this section—
“housing accommodation” and “house” are to be construed in accordance with section 56 of the Housing Act 1985;
“housing financial assistance” means financial assistance given by the Authority in connection with the provision of housing accommodation;
“local housing authority” has the same meaning as in section 1 of the Housing Act 1985;
“provide”, in relation to houses or housing accommodation, includes—
provide by way of acquisition, construction, conversion, improvement or repair; and
provide indirectly;
“region” has the same meaning as in section 1 of the Regional Development Agencies Act 1998;
...
“the relevant period” means such period as is specified by the Secretary of State in guidance under subsection (7)(b) above;
...
(11) In this Act, references to the London housing strategy include, except where the context otherwise requires, a reference to the London housing strategy as revised.
333B Submission of draft strategy to Secretary of State before publication
(1) The Mayor shall not publish the London housing strategy under section 333A(1) or (9) above until—
(a) he has submitted to the Secretary of State a draft of the strategy he intends to publish together with a statement of that intention, and
(b) the condition in subsection (2) is met.
(2) The condition is that—
(a) the consideration period has expired without the Secretary of State giving a direction under subsection (4) below, or
(b) the Secretary of State has given such a direction and the Mayor has complied with it.
(3) If the Secretary of State considers that—
(a) the draft strategy is inconsistent with current national policies relating to housing, or
(b) the implementation of the draft strategy would be detrimental to the interests of a region (within the meaning of section 333A above) which adjoins Greater London,
subsection (4) below applies.
(4) If, in any such case, the Secretary of State considers it expedient to do so for the purpose of—
(a) removing the inconsistency mentioned in subsection (3)(a) above, or
(b) avoiding the detriment mentioned in subsection (3)(b) above,
he may direct the Mayor to make such modifications to the draft as are specified in the direction.
(5) If the Secretary of State gives a direction under this section, the Mayor must make the modifications specified in the direction.
(6) The Secretary of State must consult the Mayor before giving him a direction under this section.
(7) The consideration period is—
(a) the period of 6 weeks beginning with the date notified to the Mayor by the Secretary of State as the date on which he received the draft strategy and statement of intention to publish it, or
(b) such longer period beginning with that date as the Secretary of State may specify in any particular case.
(1) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction,—
(a) review the London housing strategy or such part of it as may be specified in the direction, and
(b) make such revisions of the strategy or that part as he considers necessary in consequence of the review.
(2) The Secretary of State must consult the Mayor before giving him a direction under this section.
(3) Subsection (1) does not affect section 41(2) above.
333D Duties of the Authority and local authorities
(1) In exercising any function relating to housing or regeneration, the Authority shall have regard to the London housing strategy.
(2) Any local housing strategy prepared by a local housing authority in Greater London must be in general conformity with the London housing strategy.
(3) In subsection (2)—
“local housing strategy” means—
...
any ... statement of the local housing authority's policies or proposals relating to housing;
“local housing authority” has the same meaning as in section 333A above.
(1) The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of a specified public body to—
(a) the Authority, or
(b) a company or body through which the Authority exercises functions in relation to housing or regeneration.
(2) In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State.
(3) On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
(4) The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions.
(5) A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).
(6) In this section—
“designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;
“public body” means a person or body with functions of a public nature.
(7) This section and sections 333DB and 333DC bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to—
(a) Her Majesty in right of the Crown,
(b) Her Majesty in right of Her private estates,
(c) Her Majesty in right of the Duchy of Lancaster, or
(d) the Duchy of Cornwall.
(8) The reference in subsection (7) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.
(1) A transfer scheme may—
(a) create for the transferor interests in, or rights over, property transferred by virtue of the scheme,
(b) create for a transferee interests in, or rights over, property retained by the transferor or transferred to another transferee,
(c) create rights or liabilities between the transferor and a transferee or between transferees.
(2) A transfer scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.
(3) In particular, a transfer scheme may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.
(4) It does not matter whether the provision referred to in subsection (3) has effect under an enactment or an agreement or in any other way.
(5) A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a transfer scheme is conclusive evidence for all purposes of that fact.
(6) A transfer scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.
(7) A transfer by virtue of a transfer scheme does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
(8) Anything which—
(a) is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a transfer scheme, and
(b) is in effect immediately before the transfer date,
is to be treated as done by the transferee.
(9) There may be continued by or in relation to the transferee anything (including legal proceedings)—
(a) which relates to anything transferred by virtue of a transfer scheme, and
(b) which is in the process of being done by or in relation to the transferor immediately before the transfer date.
(10) Subsection (11) applies to any document—
(a) which relates to anything transferred by virtue of a transfer scheme, and
(b) which is in effect immediately before the transfer date.
(11) Any references in the document to the transferor are to be read as references to the transferee.
(12) A transfer scheme may include supplementary, incidental, transitional and consequential provision.
(13) In this section—
“enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;
“transfer scheme” means a transfer scheme under section 333DA;
“transfer date” means a date specified by a transfer scheme as the date on which the scheme is to have effect.
333DC Tax consequences of transfers under section 333DA
(1) The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—
(a) any property, rights or liabilities transferred in accordance with a transfer scheme, or
(b) anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme.
(2) The provision that may be made under subsection (1)(a) includes, in particular, provision for—
(a) a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;
(b) any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;
(c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.
(3) The provision that may be made under subsection (1)(b) includes, in particular, provision for—
(a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;
(b) anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way;
(c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.
(4) In this section—
“enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;
“relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;
“tax provision” means a provision of an enactment about a relevant tax;
“transfer scheme” means a transfer scheme under section 333DA.
(5) References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme include references to—
(a) the creation of interests, rights or liabilities under the scheme, and
(b) the modification of interests, rights or liabilities under the scheme,
(and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).
In this Part—
“building” means a building or other structure (including a house-boat or caravan);
“caravan” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960;
“housing” means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; and includes a hostel which provides temporary residential accommodation;
“land” includes housing or other buildings (and see also the definition in Schedule 1 to the Interpretation Act 1978);
“the Regulator” has the meaning given by section 333ZF(1);
“social housing” (except as part of the expression “social housing functions”) has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see section 68 of that Act).
(1) The Mayor shall prepare and publish a document to be known as the “Economic development strategy for London”.
(2) The Economic development strategy for London is to contain—
(a) the Mayor's assessment of the economic conditions of Greater London, and
(b) the Mayor's policies and proposals for the economic development and regeneration of Greater London, including the Mayor's strategy for—
(i) promoting business efficiency, investment and competitiveness in Greater London,
(ii) promoting employment in Greater London, and
(iii) enhancing the development of skills relevant to employment in Greater London.
The references in this subsection to Greater London include its rural parts as well as its non-rural parts.
(3) In preparing or revising the Economic development strategy for London the Mayor must consult—
(a) such persons as appear to the Mayor to represent employers in Greater London, and
(b) such persons as appear to the Mayor to represent employees in Greater London.
(4) Each of the functional bodies must in the exercise of any function have regard to the Economic development strategy for London.
(5) The Secretary of State may give guidance to the Mayor about the exercise of the Mayor's functions in relation to the Economic development strategy for London with respect to—
(a) the matters to be covered by that strategy or that strategy as revised, and
(b) the issues to be taken into account in preparing or revising that strategy.
(6) The issues mentioned in subsection (5)(b) above include issues relating to any one or more of the following—
(a) Greater London,
(b) any area of England outside Greater London, and
(c) any part of the United Kingdom outside England.
(7) The Mayor is to have regard to any guidance given under subsection (5) above.
(8) Where the Secretary of State considers—
(a) that the Economic development strategy for London (or any part of it) is inconsistent with national policies, or
(b) that the Economic development strategy for London or its implementation is having, or is likely to have, a detrimental effect on any area outside Greater London,
the Secretary of State may direct the Mayor to make such revisions of the strategy as may be specified in the direction in order to remove the inconsistency or, as the case may be, the detrimental effect or likely detrimental effect.
(9) Where the Secretary of State gives the Mayor a direction under subsection (8) above, the Mayor must revise the Economic development strategy for London in accordance with the direction.
(10) Where the Mayor revises the Economic development strategy for London in accordance with subsection (9) above, subsection (3) above and section 42 above do not apply.
(11) For the purposes of subsection (8) above “national policies” are any policies of Her Majesty's government which are available in a written form and which—
(a) have been laid or announced before, or otherwise presented to, either House of Parliament, or
(b) have been published by a Minister of the Crown.
333G Public authorities: duty to have regard to shared local growth priorities for London
(1) A relevant public authority must have regard to a shared local growth priority for Greater London when—
(a) exercising, at the request of the Mayor, a function which could reasonably be expected to have an effect on that priority;
(b) preparing a bid for public funding for an activity the objectives of which align with that priority;
(c) preparing a statutory plan or strategy which relates to the priority.
(2) Where a relevant public authority carries out activities in England and anywhere else in the United Kingdom, the duty under subsection (1) only applies in relation to activities that the authority carries out in England.
(3) A “shared local growth priority for Greater London” is a priority for the economic growth of Greater London that is—
(a) agreed between the Mayor and the Secretary of State, and
(b) published by the Mayor.
(4) A “relevant public authority” means a public authority specified in regulations made by the Secretary of State.
(5) In this section—
“enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“public authority” means any public authority other than—
the Welsh Ministers;
a devolved Welsh authority within the meaning of section 157A of the Government of Wales Act 2006;
“public funding” means funding from a Minister of the Crown or government department;
“statutory plan or strategy” means a plan or strategy that a public authority is required by an enactment to issue or publish.
(6) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.
(1) The Mayor shall prepare and publish a document to be known as the “spatial development strategy”.
(2) The spatial development strategy must include a statement formulating the Mayor’s strategy for spatial development in Greater London.
(3) For the purposes of this Part, the Mayor’s strategy for spatial development includes his general policies in respect of the development and use of land in Greater London.
(4) The spatial development strategy must include statements dealing with the general spatial development aspects of—
(a) such of the other strategies prepared and published, or to be prepared and published, under the enactments mentioned in section 41(1) above as involve considerations of spatial development, and
(b) such of the Mayor’s other policies or proposals as involve such considerations,
whether or not the strategy, policy or proposal relates to the development or use of land.
(5) The spatial development strategy must deal only with matters which are of strategic importance to Greater London.
(6) In determining for the purposes of this Part whether a matter is of strategic importance to Greater London, it is immaterial whether or not the matter affects the whole area of Greater London.
(7) The spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed by regulations under section 343 below.
(8) The spatial development strategy may make different provision for different cases or for different parts of Greater London.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Before determining the contents of the spatial development strategy, the Mayor shall—
(a) prepare a draft of his proposed spatial development strategy;
(b) make copies available for inspection at such places as may be prescribed by regulations under section 343 below;
(c) send a copy to each of the bodies and persons specified in subsection (3) below;
(d) comply with any requirements imposed by regulations under section 343 below; and
(e) consider any representations made in accordance with the regulations.
(3) The bodies and persons mentioned in subsection (2)(c) above are—
(a) the Secretary of State;
(aa) the Assembly and the functional bodies;
(b) every London borough council;
(c) the council of any county or district whose area adjoins Greater London and is affected by the proposed spatial development strategy;
(d) such other persons or bodies as may be prescribed by regulations under section 343 below; and
(e) any other body to which, or person to whom, the Mayor considers it appropriate to send a copy.
(4) In determining the bodies to which or persons to whom it is appropriate to send a copy of the strategy under subsection (3)(e) above (if any), the bodies to which and the persons to whom the Mayor considers sending a copy must include bodies of each of the descriptions specified in section 32(3) above.
(5) Each copy made available for inspection or sent under subsection (2) above shall be accompanied by a statement of the prescribed period within which representations may be made to the Mayor.
(6) The persons who may make representations in accordance with the regulations include, in particular, the bodies and persons specified in subsection (3) above.
(7) In this Part “representations made in accordance with the regulations” means representations made—
(a) in accordance with regulations made under section 343 below; and
(b) within the prescribed period.
(8) In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations made under section 343 below.
(1) The proposed spatial development strategy prepared under section 335(2)(a) above may be withdrawn by the Mayor at any time before he publishes the spatial development strategy.
(2) On the withdrawal of the proposed spatial development strategy, the Mayor shall—
(a) withdraw the copies made available for inspection in accordance with section 335 above; and
(b) give notice that the proposed spatial development strategy has been withdrawn to every body or person falling within subsection (3) below.
(3) Those bodies and persons are—
(a) the Assembly;
(b) each of the functional bodies;
(c) each of the bodies and persons specified in section 335(3) above; and
(d) every body which, or person who, made representations in accordance with the regulations.
(4) This section does not affect the duty to prepare and publish a spatial development strategy in accordance with the provisions of this Part.
(1) Subject to the following provisions of this section, the Mayor may publish the spatial development strategy.
(2) The spatial development strategy published by the Mayor must be in the form of the proposed spatial development strategy under section 335(2)(a) above, either as originally prepared or as modified to take account of—
(a) any representations made in accordance with the regulations;
(b) any direction given under subsection (7) below and not withdrawn;
(c) any report made under section 338 below by a person conducting an examination in public; or
(d) any other material considerations.
(3) Subsection (2) above is subject to the following provisions of this section.
(4) The spatial development strategy must not be published by the Mayor until after—
(a) he has considered any representations made in accordance with the regulations, or
(b) if no such representations are made, the expiry of the prescribed period,
and, in either case, if an examination in public is to be held under section 338 below, must not be published until after the report of the person or persons conducting the examination in public has been made to the Mayor.
(5) The provision that may be made by regulations under section 343 below includes provision prohibiting publication of the spatial development strategy until such further procedures as may be prescribed have been complied with.
(6) If at any time it appears to the Secretary of State that it is expedient to do so for the purpose of avoiding—
(a) any inconsistency with current national policies or relevant regional planning guidance the regional spatial strategy for a region which adjoins Greater London, or
(b) any detriment to the interests of an area outside Greater London,
he may, at any time before the Mayor has published the spatial development strategy, give the Mayor a direction under subsection (7) below.
(7) A direction under this subsection is a direction to the Mayor not to publish the spatial development strategy except in a form which includes modifications to the proposed spatial development strategy in such respects as are indicated in the direction, in order to—
(a) remove the inconsistency mentioned in subsection (6)(a) above; or
(b) avoid the detriment mentioned in subsection (6)(b) above.
(8) Where a direction under subsection (7) above is given to the Mayor, the Mayor must not publish the spatial development strategy unless—
(a) he satisfies the Secretary of State that he has made the modifications necessary to conform with the direction; or
(b) the direction is withdrawn.
(9) Subject to the following provisions of this Part, the spatial development strategy shall become operative on the date on which it is published by the Mayor.
(10) For the purposes of this section “relevant regional planning guidance” means any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London.
(11) In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations made under section 343 below.
(1) Before publishing the spatial development strategy, the Mayor shall, unless the Secretary of State otherwise directs, cause an examination in public to be held.
(2) The following provisions of this section have effect in relation to an examination in public under subsection (1) above.
(3) An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.
(4) The matters examined at an examination in public shall be such matters affecting the consideration of the spatial development strategy as the person or persons conducting the examination in public may consider ought to be so examined.
(5) The person or persons conducting an examination in public shall make a report to the Mayor.
(6) No person shall have a right to be heard at an examination in public.
(7) The following may take part in an examination in public—
(a) the Mayor; and
(b) any person invited to do so by the person or persons conducting the examination in public.
(8) The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at an examination in public.
(9) The Authority shall defray—
(a) the fees and expenses of the person appointed to conduct an examination in public; and
(b) any other costs of holding an examination in public.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Mayor shall keep under review the matters which may be expected to affect the development of Greater London or the planning of its development or which are otherwise relevant to the content of the spatial development strategy.
(2) For the purpose of discharging his functions under subsection (1) above of keeping under review any matters relating to the area of a local planning authority outside Greater London, the Mayor shall consult that local planning authority about those matters.
(1) It shall be the duty of the Mayor to review the spatial development strategy from time to time.
(2) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, review the spatial development strategy or such part of it as may be specified in the direction.
(1) The Mayor may at any time prepare and publish—
(a) alterations of the spatial development strategy, or
(b) a new spatial development strategy to replace it.
(2) If the Secretary of State so directs, the Mayor shall, within such time as the Secretary of State may specify in the direction, prepare and publish—
(a) such alterations of the spatial development strategy as the Secretary of State directs; or
(b) a new spatial development strategy to replace it.
(3) This Part (other than section 334(1) above) shall apply in relation to the preparation and publication of—
(a) alterations of the spatial development strategy, or
(b) a new spatial development strategy to replace it,
as it applies in relation to the preparation and publication of the spatial development strategy (and shall apply in relation to the altered or new spatial development strategy as it applies in relation to the spatial development strategy).
(4) In this Act, references to the spatial development strategy include, except where the context otherwise requires, a reference to—
(a) the spatial development strategy as altered; or
(b) a new spatial development strategy which replaces a previous spatial development strategy.
(1) In exercising his functions under the preceding provisions of this Part, the Mayor shall have regard to—
(a) any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London; and
(a) the regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009 for a region which adjoins Greater London;
(b) such other matters as the Secretary of State may prescribe.
(2) The matters to which the Mayor is to have regard by virtue of subsection (1) above are in addition to the matters to which he is to have regard by virtue of section 41(4) above.
(1) Without prejudice to any other provision of this Part, the Secretary of State may make regulations with respect to all or any of the following—
(a) the form and content of the spatial development strategy;
(b) the documents (if any) which he requires to accompany the spatial development strategy;
(c) the procedure to be followed in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy or in connection with any review under section 339 above.
(2) Regulations under this Part may make different provision for different parts of Greater London.