35 Authority functions to be exercisable by Mayor, Assembly or both.
(1) Any function transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed) shall, in accordance with the provisions of this Act, be exercisable—
(a) only by the Mayor acting on behalf of the Authority;
(b) only by the Assembly so acting; or
(c) only by the Mayor and Assembly jointly so acting.
(2) Any function—
(a) which is transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed), and
(b) which (apart from this subsection) is not made exercisable on behalf of the Authority by the Mayor, by the Assembly, or by the Mayor and the Assembly acting jointly,
shall be exercisable only by the Mayor acting on behalf of the Authority.
(3) Any function transferred to, or conferred or imposed on, the Mayor by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor acting on behalf of the Authority.
(4) Any function transferred to, or conferred or imposed on, the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Assembly acting on behalf of the Authority.
(5) Any function transferred to, or conferred or imposed on, the Mayor and the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor and Assembly acting jointly on behalf of the Authority.
(6) Subsections (3) and (4) above are subject to subsection (5) above.
(7) Any reference in this Act to—
(a) functions of the Authority,
(b) functions of the Mayor,
(c) functions of the Assembly, or
(d) functions of the Mayor and Assembly,
shall be construed in accordance with the foregoing provisions of this section.
(8) Subsections (1) to (7) above are subject to any express provision to the contrary in this Act.
(9) Subsections (2) and (3) above are without prejudice to sections 38 and 380 below and Schedule 4 to this Act.
(10) This section is subject, in particular, to Part II of the Deregulation and Contracting Out Act 1994 (contracting out).
(1) The Assembly, in consultation with the Mayor, may make standing orders of the Authority.
(2) The procedure of the Assembly, and of any committees or sub-committees of the Assembly, shall be regulated by the standing orders of the Authority.
(3) Standing orders of the Authority may make provision regulating the procedure to be followed—
(a) by any member of the Assembly, or
(b) by any member of staff of the Authority,
by whom functions of the Authority are exercisable pursuant to arrangements under section 54 below.
(4) Standing orders of the Authority may make provision regulating the procedure to be followed by the Mayor or by the Assembly in discharging any functions of the Mayor or the Assembly, to the extent that the functions—
(a) consist of consultation, or any other interaction or relationship, between the Mayor and the Assembly; or
(b) are exercisable by the Mayor in relation to the Assembly or by the Assembly in relation to the Mayor.
(5) Standing orders of the Authority may make provision for any other matter for which provision by standing orders of the Authority is authorised or required by or under any other provision of this Act or any other enactment.
(6) Subsections (2) to (5) above are subject to any other provision of this Act or any other enactment which regulates, or provides for the regulation of, the procedure of the Assembly or any procedure to be followed by the Mayor.
(7) Standing orders of the Authority may make different provision for different circumstances.
(8) The Assembly, after consultation with the Mayor, may at any time vary or revoke any standing orders of the Authority.
(9) Neither section 38 below nor section 54 below shall apply in relation to the functions of the Mayor or the Assembly under this section.
37 Discharge during vacancy or temporary incapacity of Mayor.
Schedule 4 to this Act shall have effect with respect to the discharge of functions during periods when—
(a) there is a vacancy in the office of Mayor; or
(b) there is no such vacancy but the Mayor is unable to act in his office.
(1) Any function exercisable on behalf of the Authority by the Mayor shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
(2) Those bodies and persons are—
(a) the Deputy Mayor;
(b) any member of staff of the Authority;
(c) Transport for London;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(da) any Mayoral development corporation for an area in Greater London;
(db) the Homes and Communities Agency;
(e) the Common Council;
(f) any local authority.
(2A) In relation to functions exercisable by the Mayor under Part 11 of the Planning Act 2008 (Community Infrastructure Levy) subsection (2) has effect with the omission of paragraphs (c) to (f).
(2B) In relation to a function listed in subsection (2C), subsection (2) has effect—
(a) as if paragraph (b) referred only to members of staff appointed under section 67(1), and
(b) with the omission of paragraphs (c) to (f).
(2C) The functions referred to in subsection (2B) are—
(a) the function of giving a direction under section 2A(1) or (1B) of the Town and Country Planning Act 1990 (call-in of planning applications by the Mayor), and
(b) the function of determining an application by virtue of section 2A or 2B of that Act.
(3) In the case of the Homes and Communities Agency, the Common Council or a local authority, an authorisation under this section—
(a) may only be granted or varied with its written consent; and
(b) shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.
(4) Subject to subsection (5A), where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
(5) Subject to subsection (5A), subsection (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by—
(a) a committee or sub-committee, or a member, officer or employee, of the body or person, or
(b) a joint committee on which the body or person is represented,
except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
(5A) Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by a local authority which are operating executive arrangements—
(a) that duty shall be treated as a function of that local authority for the purposes of section 13 of the Local Government Act 2000; and
(b) if, or to the extent that, that duty is a function which is the responsibility of the executive of that authority—
(i) subsections (4) and (5) above shall not apply; and
(ii) sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
(6) Subsection (1) above does not apply—
(a) in relation to functions under this section;
(b) in relation to any function of making appointments under subsection (1) of section 67 below (which, subject to the provisions of Schedule 4 to this Act, shall be exercisable only by the Mayor); or
(c) in relation to any function under Part X below (in relation to which provision for delegation is made under that Part).
(7) Each of the following bodies, namely—
(a) Transport for London,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ba) any Mayoral development corporation,
(bb) the Homes and Communities Agency,
(c) the Common Council,
(d) any local authority,
shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
(8) Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor—
(a) to a local authority, or
(b) to Transport for London, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as they apply to arrangements under that section between one local authority and another.
(8A) An authorisation given by the Mayor under subsection (1) above to a Mayoral development corporation in relation to a function does not prevent the Mayor from exercising the function.
(8B) An authorisation given by the Mayor under subsection (1) above to the Homes and Communities Agency in relation to a function does not prevent the Mayor from exercising the function.
(9) An authorisation under this section may be varied or revoked at any time by the Mayor.
(10) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
(11) For the purposes of this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.
(1) Where any functions exercisable on behalf of the Authority by the Mayor are, by virtue of an authorisation under section 38(1) above, also exercisable by one or more local authorities, the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint discharge of the functions by a joint committee.
(2) Where—
(a) a statutory function of the Authority is exercisable, or has been exercised, by the Mayor acting on behalf of the Authority, and
(b) the exercise, or any particular exercise, of that function will or may affect, or be affected by, the exercise, or any particular exercise, of statutory functions of local authorities (whether or not the functions are the same in the case of each such authority),
the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint exercise of any of the statutory functions mentioned in paragraph (a) or (b) above by a joint committee, as if those functions were exercisable by the Mayor acting on behalf of the Authority and by each local authority.
(3) For the purposes of subsection (2) above, the exercise of a function shall be taken to affect, or be affected by, the exercise of another function if the functions are exercisable for the same, or for similar or connected, purposes or in relation to the same, or similar or connected, subject matter.
(4) For the purposes of subsections (1) and (2) above, sections 101(5) and 102 to 106 of the Local Government Act 1972 shall have effect as if the Authority acting by the Mayor were a local authority.
(5) Any arrangements made by virtue of subsection (1) or (2) above for the discharge of any functions by a joint committee (or by a sub-committee of a joint committee) shall not prevent the Mayor or any local authority, or the joint committee by whom the arrangements are made, from exercising the functions.
(6) A person who is disqualified under section 21 above from being elected or being the Mayor or an Assembly member, otherwise than by reason only of being a member of staff of the Authority, shall be disqualified from being a member of a joint committee established by virtue of subsection (1) or (2) above or of any sub-committee of such a committee.
(7) Subject to that, the Mayor or any other individual may be appointed as a representative of the Authority on any joint committee established by virtue of subsection (1) above and any such representative may be appointed as a member of any sub-committee of such a joint committee.
(8) Any reference in this section to a local authority includes a reference to the Common Council.
(1) A Minister of the Crown may, to such extent and subject to such conditions as that Minister thinks fit, delegate to the Mayor any of that Minister's eligible functions.
(2) A function is eligible for the purposes of subsection (1) above if—
(a) it does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and
(b) the Secretary of State considers that it can appropriately be exercised by the Mayor.
(3) No delegation under subsection (1) above, and no variation of a delegation under subsection (1) above, may be made without the agreement of the Mayor.
(4) Before making or varying a delegation under subsection (1) above, a Minister of the Crown must consult—
(a) each London borough council,
(b) the Common Council, and
(c) the Assembly.
(5) A delegation under subsection (1) above may be revoked at any time by any Minister of the Crown.
(6) Section 38 above does not apply in relation to functions delegated under subsection (1) above.
(1) Part II of the Deregulation and Contracting Out Act 1994 (contracting out) shall be amended as follows.
(2) In section 70 (functions of local authorities) in subsection (1)(b), after section 56 of the Local Government (Scotland) Act 1973 there shall be inserted “ or section 38 or 380 of the Greater London Authority Act 1999 ”.
(3) After subsection (5) of that section (which implies certain terms into arrangements under section 101 of the Local Government Act 1972 etc) there shall be inserted—
(6) Any reference in subsection (5) above to arrangements under section 101 of the Local Government Act 1972 includes a reference to an authorisation under section 38 or 380 of the Greater London Authority Act 1999.
(4) In section 79(1) (interpretation of Part II) in the definition of local authority, in paragraph (a), after London borough council, there shall be inserted “ the Greater London Authority acting through the Mayor of London, ”.
40A Additional functions of the Authority, Mayor and functional bodies
Schedule 27 to the English Devolution and Community Empowerment Act 2026 contains powers for the Secretary of State to confer further additional functions on the Authority, the Mayor and the functional bodies.
40B Mayor’s power to convene meetings with local partners
(1) The Mayor may convene meetings with local partners to consider relevant local matters.
(2) In exercising the function of convening meetings, the Mayor must have regard to any guidance issued for this purpose by the Secretary of State.
(3) If the Mayor notifies a local partner that the Mayor intends to convene a meeting under this section with that local partner, the local partner must respond to the notification.
(4) In responding to a notification given by the Mayor, a local partner must have regard to any guidance issued for this purpose by the Secretary of State.
(5) In this section—
“local partner” means a person specified, or of a description specified, in regulations made by the Secretary of State;
“relevant local matter”, in relation to the Mayor of London, means a matter which relates both to—
Greater London, and
any aspect of any area of competence set out in section 2 of the English Devolution and Community Empowerment Act 2026.
(1) The Mayor of London (“mayor A”) may make a request to another elected mayor (“mayor B”) for the mayors to collaborate in relation to a matter relating to any aspect of any area of competence.
(2) A collaboration request must specify—
(a) the matter on which mayor A wants the mayors to collaborate, and
(b) the way in which mayor A wants the mayors to collaborate.
(3) Mayor A may make a collaboration request only if mayor A considers that the requested collaboration would be likely to improve the economic, social or environmental well-being of—
(a) some or all of the people who live or work in Greater London, or
(b) some or all of the people who live or work in Greater London and some or all of the people who live or work in mayor B’s area.
(4) Mayor A may make a collaboration request only if Greater London adjoins mayor B’s area.
(5) A collaboration request must be in writing.
(6) Mayor A must publish, in such manner as the mayor thinks appropriate, any collaboration request which the mayor makes.
(7) The Mayor of London must have regard to any guidance issued by the Secretary of State in exercising powers, and complying with duties, under this section.
(8) Section 40E makes provision about collaboration requests made by, or to, two or more elected mayors.
(9) In this section, section 40D and section 40E—
“area of competence” has the same meaning as in the English Devolution and Community Empowerment Act 2026 (see section 2 of that Act);
“collaboration request” means a request made under subsection (1);
“elected mayor” means—
the Mayor of London,
the mayor for the area of a combined authority, or
the mayor for the area of a combined county authority;
“mayor A” has the meaning given in subsection (1);
“mayor B” has the meaning given in subsection (1);
“mayor B’s area” means the area for which mayor B is the mayor.
(1) In a case where a collaboration request is made to mayor B, the mayor must—
(a) consider the collaboration request and decide how to respond,
(b) set out the response in writing,
(c) give the response to mayor A, and
(d) publish, in such manner as the mayor thinks appropriate, the response.
(2) In considering the collaboration request and deciding how to respond, mayor B must have regard to the economic, social and environmental well-being of some or all of the people who live or work in mayor B’s area.
(3) If mayor B decides not to agree to the collaboration request, or any part of it, mayor B must—
(a) give the reasons for that decision, and
(b) include the reasons in the response to mayor A.
(4) Mayors to whom collaboration requests are made must have regard to any guidance issued by the Secretary of State in exercising the powers, and complying with the duties, under this section.
40E Collaboration requests made by or to several mayors
(1) Two or more elected mayors (the “requesting mayors”) may make a collaboration request to a single elected mayor (the “potential collaborating mayor”) if—
(a) at least one of the requesting mayors is the Mayor of London, and
(b) each requesting mayor’s area meets the neighbour test.
(2) For that purpose, a requesting mayor’s area meets the neighbour test if that area—
(a) adjoins every other requesting mayor’s area, and
(b) adjoins the potential collaborating mayor’s area.
(3) If two or more elected mayors make a collaboration request to a single elected mayor—
(a) sections 40C and 40D apply in relation to each of the requesting mayors separately, and
(b) accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor.
(4) The Mayor of London (the “requesting mayor”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if each potential collaborating mayor’s area meets the neighbour test.
(5) For that purpose, a potential collaborating mayor’s area meets the neighbour test if that area adjoins Greater London.
(6) If the Mayor of London makes a collaboration request to two or more elected mayors—
(a) sections 40C and 40D apply in relation to each of the potential collaborating mayors separately, and
(b) accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.
(7) Two or more elected mayors (the “requesting mayors”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if—
(a) at least one of the requesting mayors is the Mayor of London,
(b) each requesting mayor’s area meets the neighbour test, and
(c) each potential collaborating mayor’s area meets the neighbour test.
(8) For the purposes of subsection (7), a requesting mayor’s area meets the neighbour test if that area—
(a) adjoins every other requesting mayor’s area, and
(b) adjoins every potential collaborating mayor’s area.
(9) For the purposes of subsection (7), a potential collaborating mayor’s area meets the neighbour test if that area adjoins every requesting mayor’s area.
(10) If two or more elected mayors make a collaboration request to two or more elected mayors—
(a) sections 40C and 40D apply in relation to each of the requesting mayors separately, and
(b) accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor;
(c) sections 40C and 40D apply in relation to each of the potential collaborating mayors separately, and
(d) accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.
(11) In this section—
“potential collaborating mayor’s area” means the area for which a potential collaborating mayor is the mayor;
“requesting mayor’s area” means the area for which a requesting mayor is the mayor.
41 General duties of the Mayor in relation to his strategies.
(1) This section applies to—
(a) the transport strategy prepared and published under section 142 below,
(b) the Economic development strategy for London prepared and published under section 333F below,
(bb) the health inequalities strategy prepared and published under section 309E below,
(bc) the London housing strategy prepared and published under section 333A below,
(c) the spatial development strategy prepared and published under Part VIII below,
(ca) the London Environment Strategy,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ef) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) the culture strategy prepared and published under section 376 below.
(2) The Mayor shall keep each of the strategies mentioned in subsection (1) above under review and shall make such revisions of those strategies as he considers necessary.
(3) Subsection (2) above does not apply in relation to the spatial development strategy (for which separate provision as to review is made by section 340 below).
(4) In preparing or revising any strategy mentioned in subsection (1) above, the Mayor shall have regard to—
(a) the principal purposes of the Authority;
(b) the effect which the proposed strategy or revision would have on each of the following —
(i) the health of persons in Greater London;
(ia) health inequalities between persons living in Greater London;
(ii) the achievement of sustainable development in the United Kingdom;
(iii) climate change, and the consequences of climate change; and
(c) the matters specified in subsection (5) below.
(5) Those matters are—
(a) the need to ensure that the strategy is consistent with national policies, with the EU obligations of the United Kingdom and with such other international obligations of the United Kingdom as the Secretary of State may notify to the Mayor for the purposes of this paragraph;
(b) the need to ensure that the strategy is consistent with each other strategy mentioned in subsection (1) above;
(c) the resources available for implementation of the strategy; and
(d) the desirability of promoting and encouraging the use of the River Thames safely, in particular for the provision of passenger transport services and for the transportation of freight.
(6) The Mayor—
(a) in considering whether any strategy mentioned in subsection (1) above needs to be revised,
(b) in implementing any such strategy, or
(c) in exercising in relation to the spatial development strategy any of his functions under sections 334 to 341 below,
shall have regard to the matters specified in subsection (5) above.
(7) Where the Mayor prepares or revises any strategy mentioned in subsection (1) above, he shall include such of the available policies and proposals relating to the subject matter of the strategy as he considers best calculated—
(a) to promote improvements in the health of persons in Greater London,
(aa) to promote the reduction of health inequalities between persons living in Greater London, and
(b) to contribute towards the achievement of sustainable development in the United Kingdom, and
(c) to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,
except to the extent that he considers that any action that would need to be taken by virtue of paragraph (a), (aa), (b) or (c) above is not reasonably practicable in all the circumstances of the case.
(8) In subsection (7)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the strategy or revision.
(8A) In subsection (7)(aa) above, the reference to promoting the reduction of health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the strategy or revision.
(9) The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above, except the London housing strategy, as he may consider appropriate, having regard to—
(a) any related targets or objectives set nationally; and
(b) any performance indicators set by the Secretary of State, whether nationally or locally, which affect the exercise of functions by authorities involved in the implementation of the strategy;
and in setting any such targets the Mayor shall seek to secure that they are not less demanding than any related targets or objectives which are set nationally.
(9A) In exercising any function the Mayor must have regard to any strategy mentioned in subsection (1) which is relevant to the exercise of that function.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) In this section—
(a) “climate change” has the same meaning as in section 361A below, and
(b) in relation to climate change, “adaptation”, “consequences” and “mitigation” have the same meaning as in that section.
(1) In preparing or revising any strategy to which this section applies the Mayor shall consult—
(a) the Assembly,
(b) the functional bodies,
(c) each London borough council,
(d) the Common Council, and
(e) any other body or person whom he considers it appropriate to consult.
(2) In determining what consultation (if any) is appropriate under subsection (1)(e) above, the bodies which, and persons whom, the Mayor considers consulting must include bodies of each of the descriptions specified in section 32(3) above.
(3) The strategies to which this section applies are those mentioned in section 41(1) above, other than the spatial development strategy (for which separate provision as to consultation and other aspects of public participation is made by Part VIII below).
(4) Subsection (1) above is without prejudice to any other duty imposed on the Mayor in relation to consultation.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In any case where—
(a) the Mayor proposes to revise any of the strategies to which this section applies, and
(b) he considers that the proposed revisions will not materially alter the strategy in question,
the Mayor is not required to carry out consultation in accordance with this section.
(1) This section applies where the Mayor has prepared, and is ready to publish, a draft of any of the strategies to which section 41 applies (including a revised version of the strategy).
(2) But this section does not apply to a revised version of a strategy containing only revisions which—
(a) are specified in a direction as to the contents of the strategy which is given to the Mayor under this Act (or which the Mayor considers are necessary in consequence of any revisions so specified); or
(b) are not so specified but the Mayor considers to be necessary to comply with such a direction.
(3) Before publishing the strategy (or, in the case of the housing strategy, before submitting the draft to the Secretary of State) the Mayor must lay a copy of the draft before the Assembly in accordance with the standing orders of the Authority.
(4) The Mayor must not publish the strategy (or, in the case of the housing strategy, submit the draft to the Secretary of State) if, within the period of 21 days beginning with the day on which the copy is laid before the Assembly, the Assembly resolves to reject the draft.
(5) A motion for the Assembly to reject a draft strategy—
(a) must be considered at a meeting of the Assembly throughout which members of the public are entitled to be present; and
(b) is not carried unless it is agreed to by at least two thirds of the Assembly members voting.
(1) The Mayor shall take such steps as in his opinion will give adequate publicity to the current version of each strategy to which section 42 above applies.
(2) The Mayor shall send to the Common Council and to each London borough council a copy of the current version of each strategy mentioned in section 41(1) above.
(3) A copy of the current version of each such strategy shall be kept available by the Mayor for inspection by any person on request free of charge—
(a) at the principal offices of the Authority, and
(b) at such other places as the Mayor considers appropriate,
at reasonable hours.
(4) A copy of the current version of each such strategy, or any part of such a strategy, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.
(5) Any reference in this section to the current version of a strategy or part of a strategy is a reference—
(a) in the case of the spatial development strategy, to that strategy as last published, whether originally or by way of replacement, and to any published alteration thereof for the time being having effect; and
(b) in the case of any other strategy, to that strategy as last published, whether originally or as revised.
(1) In relation to each strategy mentioned in section 41(1) above, where the Mayor has not published the strategy and the Secretary of State considers that the Mayor is not taking such steps as are necessary to prepare the strategy, he may issue a direction to the Mayor under subsection (2) below.
(2) A direction under this subsection may direct the Mayor to prepare and publish the strategy within such period as the direction shall specify.
(3) Where the Secretary of State issues a direction to the Mayor under subsection (1) above, the Mayor shall comply with the direction.
(1) The Mayor shall, not later than 5 clear working days before the first meeting of the Assembly held pursuant to subsection (3) of section 52 below, and thereafter not later than 5 clear working days before each subsequent meeting of the Assembly held pursuant to that subsection, submit a written report to the Assembly.
(2) A report required to be submitted by the Mayor under subsection (1) above shall relate to the period since the submission of the previous report or, in the case of the first such report, to the period since the first ordinary election and shall include—
(a) notification of decisions taken by the Mayor which he considers to be of significance;
(b) the reasons for which the Mayor took the decisions mentioned in paragraph (a) above; and
(c) the response of the Mayor to proposals submitted by the Assembly under section 60 below.
(3) The Mayor shall attend every meeting of the Assembly held pursuant to section 52(3) below and shall, subject to subsection (6) below, answer questions put to him at any such meeting by Assembly members about matters in relation to which statutory functions are exercisable by him.
(4) The Mayor shall—
(a) so far as reasonably practicable, answer any such question orally at the meeting at which it is put, or
(b) if for any reason it is not reasonably practicable to do that, provide a written answer before the end of the third working day following the day on which the question was asked at the meeting,
(subject, in either case, to subsection (6) below).
(5) For the purposes of subsection (4)(b) above, the day on which a question is asked at a meeting is—
(a) in the case of an oral question, the day on which the question is first asked at the meeting; or
(b) in the case of a written question, the day on which the question is first raised at the meeting.
(6) The duty of the Mayor under subsection (3) or (4) above shall not require him to disclose advice received by him from—
(a) a person appointed under section 67(1) or (2), 72(1), 73(1) or 127A(1) below,
(b) a functional body,
(c) a member of a functional body, or
(d) a member of staff of a functional body,
except as provided by subsection (7) below.
(7) Where—
(a) the Mayor receives advice from a person falling within paragraph (b), (c) or (d) of subsection (6) above, and
(b) the functional body mentioned in that paragraph is the Mayor's Office for Policing and Crime or the London Fire and Emergency Planning Authority,
the Mayor is not relieved by subsection (6) above from any requirement to disclose the advice, if or to the extent that the advice falls within subsection (8) below.
(8) Advice given to the Mayor by a person falling within paragraph (b), (c) or (d) of subsection (6) above falls within this subsection if it has been disclosed—
(a) at a meeting of, or of a committee or sub-committee of, the functional body concernedat a time when the meeting was open to members of the public by virtue of Part VA of the Local Government Act 1972 (access to meetings and documents); or
(b) in a document which has been open to inspection by members of the public by virtue of that Part of that Act.
(9) Any reference in this section to a member of staff of a functional body includes a reference to an officer or employee of that body.
(10) For the purposes of this section, a day is a working day unless it is—
(a) a Saturday or Sunday;
(b) Christmas Eve, Christmas Day, Maundy Thursday or Good Friday;
(c) a day which is a Bank Holiday in England under the Banking and Financial Dealings Act 1971; or
(d) a day appointed for public thanksgiving or mourning.
(1) As soon as practicable after the end of each financial year the Mayor shall prepare a report on the exercise by him of statutory functions during the year (an annual report).
(2) An annual report shall include—
(a) an assessment of the Mayor’s progress in implementing the strategies required to be prepared and published by him under this Act ...;
(b) a statement of any targets for the time being in force under section 41(9) above with respect to the implementation of those strategies and an assessment of the progress made by authorities involved in the implementation of those strategies towards achieving those targets;
(c) a summary of information which relates to the Authority’s performance of its statutory functions and which the Authority is required to publish under or by virtue of any enactment; and
(d) information of such descriptions as the Assembly, prior to the beginning of the financial year to which the annual report relates, has notified to the Mayor that it wishes to be included in the annual report.
(3) As soon as practicable after preparing an annual report, the Mayor—
(a) shall send a copy of the report to the Assembly; and
(b) shall publish the report.
(4) The annual report shall not be published until after the Mayor has sent a copy to the Assembly pursuant to subsection (3)(a) above.
(5) A copy of the annual report sent to the Assembly shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
(6) A copy of the annual report sent to the Assembly, or any part of that report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
(7) In this section the appropriate period in the case of an annual report is the period of six years beginning with the date of publication of that report pursuant to this section.
(1) The Mayor shall once in every financial year hold and attend a meeting under this section (in this section referred to as a State of London debate) which shall be open to all members of the public.
(2) The form of, and procedure for, a State of London debate shall be such as the Mayor may determine after consultation with the Assembly, but must be such that there is an opportunity for members of the public to speak.
(3) The power to determine the form of, and procedure for, a State of London debate includes power to appoint a person to preside.
(4) Any person may be appointed to preside at a State of London debate, whether or not he has any connection with the Authority.
(5) A member of the public who attends or speaks at a State of London debate shall do so subject to and in accordance with the procedure for the State of London debate.
(6) A State of London debate shall be held on a date to be determined by the Mayor—
(a) during April, May or June in each successive period of twelve months beginning with 1st April 2001, and
(b) at least 7 days after the publication under section 46 above of the annual report relating to the financial year last ended.
(7) At least one month prior to the date on which the State of London debate is to be held, the Mayor—
(a) shall determine the place at which the meeting is to be held; and
(b) shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.
(1) The Mayor and the Assembly shall twice in every financial year hold and attend a meeting under this section (in this section referred to as a People’s Question Time) which shall be open to all members of the public.
(2) The purpose of a People’s Question Time is to afford an opportunity to members of the public to put questions to the Mayor and Assembly members and to enable the Mayor and Assembly members to respond.
(3) The form of, and procedure for, a People’s Question Time shall be such as the Mayor may determine after consultation with the Assembly.
(4) The power to determine the form of, and procedure for, a People’s Question Time includes power to appoint a person to preside.
(5) Any person may be appointed to preside at a People’s Question Time, whether or not he has any connection with the Authority.
(6) A member of the public who attends or speaks at a People’s Question Time shall do so subject to and in accordance with the procedure for the People’s Question Time.
(7) A People’s Question Time shall be held on a date to be determined by the Mayor, after consultation with the Assembly, but which is not less than—
(a) one month before, or
(b) one month after,
a State of London debate held pursuant to section 47(1) above.
(8) At least one month prior to the date on which each People’s Question Time is to be held, the Mayor—
(a) shall determine the place at which the meeting is to be held; and
(b) shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.
(1) There shall be a Deputy Mayor of London (the Deputy Mayor).
(2) The Deputy Mayor shall have such functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.
(3) The Deputy Mayor shall be appointed by the Mayor from among the Assembly members.
(4) A person must not hold the offices of Deputy Mayor and Chair of the Assembly at the same time.
(5) If the Mayor appoints as Deputy Mayor the person who is the Chair of the Assembly, a vacancy shall arise in the office of Chair of the Assembly.
(6) Subsections (4) and (5) above apply in relation to the Deputy Chair of the Assembly as they apply in relation to the Chair of the Assembly.
(7) A person appointed Deputy Mayor shall not act in that office unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.
(8) A person shall cease to be the Deputy Mayor if—
(a) he ceases to be an Assembly member;
(b) he at any time gives notice of resignation as the Deputy Mayor to the proper officer of the Authority; or
(c) the Mayor at any time gives him notice terminating his appointment as Deputy Mayor.
(9) A person who ceases to be Deputy Mayor shall be eligible for reappointment.
(1) There shall be—
(a) an office of Chair of the London Assembly (the Chair of the Assembly); and
(b) an office of Deputy Chair of the London Assembly (the Deputy Chair of the Assembly).
(2) The Chair of the Assembly shall have—
(a) the function of chairing meetings of the Assembly; and
(b) such other functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.
(3) Subsection (2)(a) above is subject to any provision made by or under this Act or any other enactment, whenever passed or made, or by the standing orders of the Authority.
(4) The Deputy Chair of the Assembly shall have—
(a) the function of chairing meetings of the Assembly when authorised or required to do so by or under this Act or any other enactment, whenever passed or made, or in accordance with the standing orders of the Authority; and
(b) such other functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.
(1) The Chair of the Assembly and the Deputy Chair of the Assembly shall each be elected at a meeting of the Assembly.
(2) The Chair of the Assembly and the Deputy Chair of the Assembly must be elected from among the members of the Assembly.
(3) A person must not hold the offices of Chair of the Assembly and Deputy Chair of the Assembly at the same time except as provided by subsection (7) below.
(4) The Deputy Mayor is not eligible to be the Chair of the Assembly or the Deputy Chair of the Assembly.
(5) If the Deputy Chair of the Assembly is elected to fill a vacancy in the office of Chair of the Assembly, a vacancy shall occur in the office of Deputy Chair of the Assembly.
(6) If a vacancy occurs in the office of Chair of the Assembly or Deputy Chair of the Assembly, the first business at the next meeting of the Assembly shall be to fill the vacancy.
(7) If a vacancy occurs in the office of Chair of the Assembly and there is a person who is the Deputy Chair of the Assembly, that person shall (subject to the other provisions of this Act or any other enactment) also be the Chair of the Assembly until such time as the vacancy is filled in accordance with subsection (6) above.
(8) A person elected Chair of the Assembly or Deputy Chair of the Assembly shall not act in that office unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.
(1) The Assembly may hold, in addition to any meetings required to be held by or under this section or any other enactment, such other meetings as it may determine.
(2) Before the expiration of the period of ten days following the day of the poll at an ordinary election, there shall be a meeting of the Assembly to elect—
(a) the Chair of the Assembly; and
(b) the Deputy Chair of the Assembly.
(3) On such ten occasions in each calendar year as the Assembly may determine, there shall be a meeting of the Assembly—
(a) to consider the written report submitted for the meeting by the Mayor under section 45 above,
(b) to enable Assembly members to put—
(i) oral or written questions to the Mayor, and
(ii) oral questions to any employees of the Authority who are required to attend such meetings and answer questions put to them by Assembly members; and
(c) to transact any other business on the agenda for the meeting.
(4) The first meeting under subsection (3) above after an ordinary election shall be held not later than 25 days after the day of the poll at the election.
(4A) There must be at least 21 clear days between a meeting under subsection (3) above and the last such meeting before it, but this does not apply to the gap between the first such meeting after an ordinary election and the last such meeting before that election.
(5) Notice of the time and place of any meeting of the Assembly—
(a) shall be given to the Mayor and the Assembly members, and
(b) shall be published,
in accordance with the standing orders of the Authority.
(6) In the case of a meeting of the Assembly under subsection (3) above, the notice required by subsection (5) above must be given and published—
(a) if the meeting is the first such meeting after an ordinary election, as soon as reasonably practicable after the day of the poll at that election; or
(b) in any other case, at least 14 clear days before the meeting.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) An extraordinary meeting of the Assembly may be called at any time by the Chair of the Assembly.
(9) If—
(a) the Chair of the Assembly refuses to call an extraordinary meeting of the Assembly after a requisition for that purpose, signed by five Assembly members, has been presented to him, or
(b) if, without so refusing, the Chair of the Assembly does not call an extraordinary meeting within seven days after such a requisition has been presented to him,
any five Assembly members may forthwith call an extraordinary meeting of the Assembly.
(10) Section 54 below shall not apply in relation to any function of the Assembly under this section.
(1) All questions coming before, or to be decided by, the Assembly shall be decided by a majority of the members of the Assembly present and voting at a meeting of the Assembly.
(2) In the case of an equality of votes, the person chairing the meeting of the Assembly shall have a second or casting vote.
(3) Subsections (1) and (2) above are subject to any provision to the contrary contained in this or any other enactment.
(4) The Assembly may determine its own procedure and that of its committees and sub-committees (including quorum).
(5) Subsection (4) above is subject to—
(a) subsections (1) and (2) above;
(b) sections 50 to 52 above;
(c) section 56 below;
(d) Schedules 6 and 7 to this Act; and
(e) any other provision made by or under this Act or any other Act (whenever passed) which regulates, or provides for the regulation of, the procedure of the Assembly or committees of the Assembly.
54 Discharge of functions by committees or single members.
(1) The Assembly may arrange for any of the functions exercisable by it to be discharged on its behalf—
(a) by a committee or sub-committee of the Assembly; or
(b) by a single member of the Assembly.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where by virtue of this section any functions exercisable by the Assembly may be discharged by a committee of the Assembly, then, unless the Assembly otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or by a single member of the Assembly.
(4) Where by virtue of this section any functions exercisable by the Assembly may be discharged by a sub-committee of the Assembly, then, unless the Assembly or the committee concerned otherwise directs, the sub-committee may arrange for the discharge of any of those functions by a single member of the Assembly.
(5) Any arrangements made under this section by the Assembly, or by a committee or sub-committee of the Assembly, for the discharge of any functions by—
(a) a committee or sub-committee of the Assembly,
(b) a member of the Assembly, or
(c) a member of staff of the Authority,
shall not prevent the Assembly, or the committee or sub-committee by whom the arrangements are made, from exercising those functions.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Subsections (1) to (3) of section 53 above shall apply in relation to a meeting of a committee or sub-committee of the Assembly as they apply in relation to a meeting of the Assembly.
(8) Subsections (1) to (5) above are subject to any express provision contained in this Act or any Act passed after this Act.
(1) For the purpose of discharging, in pursuance of arrangements under section 54(1)(a) above, any functions exercisable by the Assembly—
(a) the Assembly may appoint a committee of the Assembly (an ordinary committee); and
(b) an ordinary committee may appoint one or more sub-committees (ordinary sub-committees).
(2) Subject to the provisions of this section—
(a) the number of members, and
(b) their term of office,
shall be fixed in the case of an ordinary committee by the Assembly or, in the case of an ordinary sub-committee, by the appointing committee.
(3) An ordinary committee or sub-committee must not include any person who is not an Assembly member.
(4) The Assembly may appoint one or more committees (advisory committees) to advise it on any matter relating to the discharge of its functions.
(5) An advisory committee—
(a) may consist of such persons (whether Assembly members or not) appointed for such term as may be determined by the Assembly; and
(b) may appoint one or more sub-committees (advisory sub-committees) to advise the committee with respect to any matter on which the committee has been appointed to advise.
(1) Minutes of the proceedings of a meeting of the Assembly, or of any committee or sub-committee of the Assembly, shall be kept in such form as the Assembly may determine.
(2) Any such minutes shall be signed at the same or next suitable meeting of the Assembly, committee or sub-committee by the person presiding at that meeting.
(3) Any minute purporting to be signed as mentioned in subsection (2) above shall be received in evidence without further proof.
(4) For the purposes of subsection (2) above, the next suitable meeting of the Assembly, or of a committee or sub-committee of the Assembly, is their next following meeting or, where standing orders of the Authority provide for another meeting to be regarded as suitable, either the next following meeting or that other meeting.
(5) In the application of this section in the case of a meeting of the Assembly under section 52(3) above, minutes includes—
(a) the text of any question put pursuant to section 52(3) above at the meeting, and
(b) the text of the answer given to any such question,
whether the question was put, or the answer given, orally or in writing.
(1) Sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on committees etc) shall have effect in relation to the Assembly, so far as relating to the appointment of members of its committees, as if the Assembly were a relevant authority and its ordinary committees and advisory committees were ordinary or, as the case may be, advisory committees within the meaning of those provisions (and accordingly bodies to which section 15 of that Act applies).
(2) In the case of any committee of the Assembly, the first appointment of members of the committee shall be an occasion on which the duty imposed by subsection (1) of section 15 of that Act arises in relation to the committee.
(1) Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees) shall have effect as if—
(a) the Assembly were a principal council, and
(b) any committee or sub-committee of the Assembly were a committee or sub-committee of a principal council, within the meaning of that Part,
but with the following modifications.
(2) In the application of Part VA of that Act by subsection (1) above—
(a) any information furnished to the Authority and available to the Assembly shall be treated as information furnished to the Assembly;
(b) any offices of, or belonging to, the Authority shall be treated as also being offices of or belonging to the Assembly; and
(c) the proper officer of the Authority shall be taken to be the proper officer in relation to the Assembly.
(3) In the following provisions of that Act, namely—
(a) section 100A(2) (which requires the exclusion of the public from meetings and makes other provision to prevent disclosure of confidential information in breach of the obligation of confidence), and
(b) section 100D(4) (which prevents the inclusion in a list of documents of any document which would so disclose such information),
any reference to the disclosure (or likelihood of disclosure) of confidential information in breach of the obligation of confidence includes a reference to the disclosure of information of any of the descriptions specified in subsection (4) below without the consent of the relevant body concerned.
(4) The descriptions are—
(a) any information relating to the financial or business affairs of any particular person which was acquired in consequence of a relationship between that person and a relevant body;
(b) the amount of any expenditure proposed to be incurred by a relevant body under any particular contract, if and so long as disclosure would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the relevant body, whether the advantage would arise against the relevant body or another such person;
(c) any terms proposed or to be proposed by or to a relevant body in the course of negotiations for any particular contract, if and so long as disclosure would prejudice the relevant body in those or any other negotiations concerning the subject matter of the contract;
(d) the identity of any person as the person offering any particular tender for a contract for the supply of goods or services to a relevant body;
and in this subsection relevant body means Transport for London ....
(5) In section 100C of that Act (inspection of minutes and other documents after meetings) any reference to the minutes of a meeting shall, in the case of a meeting of the Assembly under section 52(3) above, be taken to include a reference to—
(a) the text of any question put pursuant to section 52(3) above at the meeting, and
(b) the text of the answer given to any such question,
whether the question was put, or the answer given, orally or in writing.
(6) Nothing in section 100D of that Act (inspection of background papers) requires or authorises the inclusion in any such list as is referred to in subsection (1) of that section of any document which discloses anything which, by virtue of subsection (6) of section 45 above, is not required to be disclosed under subsection (3) or (4) of that section.
(7) In section 100E of that Act (application to committees and sub-committees) subsection (3)(a) shall have effect as if section 55 above were included among the enactments specified in section 101(9) of that Act.
(8) For the purposes of section 100F of that Act (additional rights of access to documents for members of principal councils) any document which is in the possession or under the control of the Authority and which is available to the Assembly shall be treated as a document which is in the possession or under the control of the Assembly.
(9) In the case of the Assembly, the register of members required to be maintained under section 100G(1) of that Act shall, instead of stating the ward or division which a member represents, state—
(a) whether the member is a London member or a constituency member; and
(b) if he is a constituency member, the Assembly constituency for which he is the member.
(10) For the purposes of section 100H(3) of that Act (acts which infringe copyright) the Authority shall be treated as a principal council.
(11) In the application in relation to the Assembly of Schedule 12A to that Act (access to information: exempt information) any reference to the authority includes a reference to the Authority.
(1) The Assembly shall keep under review the exercise by the Mayor of the statutory functions exercisable by him.
(2) For the purposes of subsection (1) above, the powers of the Assembly include in particular power to investigate, and prepare reports about,—
(a) any actions and decisions of the Mayor,
(b) any actions and decisions of any member of staff of the Authority,
(c) matters relating to the principal purposes of the Authority,
(d) matters in relation to which statutory functions are exercisable by the Mayor, or
(e) any other matters which the Assembly considers to be of importance to Greater London.
(1) Where the Assembly decides to do so, the Assembly may submit a proposal to the Mayor.
(2) Section 54 above shall not apply in relation to the function of the Assembly under subsection (1) above.
60A Confirmation hearings etc for certain appointments by the Mayor or Mayor's Office for Policing and Crime
(1) Schedule 4A to this Act (confirmation hearings etc) has effect in any case where this section applies.
(2) This section applies in any case where the Mayor proposes to make an appointment to any of the offices specified in subsection (3) below.
(3) The offices are—
London Fire Commissioner (see section 327A);
person appointed by the Mayor under section 67(1)(b) as the Deputy Mayor for Fire;
chairman, or deputy chairman, of Transport for London (see section 154 and paragraph 3 of Schedule 10);
...
...
...
person appointed to chair a Mayoral development corporation for an area in Greater London (see paragraph 1 of Schedule 21 to the Localism Act 2011);
Mayor’s representative as chair of the London Waste and Recycling Board (see section 356A below and article 4 of the London Waste and Recycling Board Order 2008);
chair of the Cultural Strategy Group (see section 375 and paragraph 3 of Schedule 30);
chairman, or deputy chairman, of the London Pensions Fund Authority (see section 403).
(4) This section also applies in any case where the Mayor's Office for Policing and Crime proposes to make an appointment, under section 19 of the Police Reform and Social Responsibility Act 2011, of a person to be the Deputy Mayor for Policing and Crime.
(4A) This section also applies in any case where the Mayor proposes to designate as the Deputy Mayor for Fire a person appointed under section 67(1)(b).
(4B) References in section 327H and Schedule 4A to appointment of a person as the Deputy Mayor for Fire (however expressed) include such a designation.
(5) The Secretary of State may by order amend this section for the purpose of specifying further offices in subsection (3) above.
(6) The Secretary of State must consult—
(a) the Mayor, and
(b) the Assembly,
before making an order under subsection (5) above.
61 Power to require attendance at Assembly meetings.
(1) Subject to section 63 below, the Assembly may require any person to whom subsection (2), (3), (4) or (5) below applies—
(a) to attend proceedings of the Assembly for the purpose of giving evidence, or
(b) to produce to the Assembly documents in his possession or under his control.
(2) This subsection applies to—
(a) any person who is a member of staff of the Authority, or of any functional body, to whom sections 1 , 2 and 3A of the Local Government and Housing Act 1989 apply,
(b) any person who is the chairman of, or a member of, any functional body, and
(c) any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (1) above been the chairman of, or a member of, any functional body.
(3) This subsection applies to—
(a) any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (1) above had a contractual relationship with the Authority, and
(b) any person who is a member of, or a member of staff of, a body which has within the 8 years prior to the date of the requirement to be imposed under subsection (1) above had such a relationship.
(4) This subsection applies to—
(a) any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (1) above received a grant from the Authority, and
(b) any person who is a member of, or a member of staff of, a body which has within the 8 years prior to the date of the requirement to be imposed under subsection (1) above received such a grant.
(5) This subsection applies to—
(a) any person who is an Assembly member,
(b) any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (1) above been an Assembly member, and
(c) any person who has within the 8 years prior to the date of the requirement to be imposed under subsection (1) above been the Mayor.
(6) A requirement imposed under subsection (1) above on a person falling within subsection (2) above—
(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with matters in relation to which statutory functions are exercisable by the Authority or any functional body, and
(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to those matters.
(7) A requirement imposed under subsection (1) above on a person falling within subsection (3) above—
(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the contractual relationship with the Authority, and
(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that contractual relationship.
(8) A requirement imposed under subsection (1) above on a person falling within subsection (4) above—
(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the grant received from the Authority, and
(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that grant.
(9) A requirement imposed under subsection (1) above on a person falling within subsection (5) above—
(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the exercise by the person attending of the functions of the Authority, and
(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to the exercise of those functions by that person.
(10) Nothing in this section shall require a person appointed under section 67(1) or (2) , 72(1), 73(1) or 127A(1) below to—
(a) give any evidence, or
(b) produce any documents,
which disclose advice given by that person to the Mayor.
(11) Nothing in this section shall require a person who is—
(a) a member of a functional body, or
(b) a member of staff of a functional body,
to give any evidence, or produce any document, which discloses advice given to the Mayor by that person or, except as provided by subsection (12) below, by that functional body.
(12) Subsection (11) above does not relieve a person from a requirement to give any evidence, or produce any document, which discloses advice given to the Mayor by—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the London Fire and Emergency Planning Authority,
if or to the extent that the advice falls within subsection (13) below.
(13) Advice given to the Mayor by a functional body falls within this subsection if it has been disclosed—
(a) at a meeting of, or of a committee or sub-committee of, the functional body at a time when the meeting was open to members of the public by virtue of Part VA of the Local Government Act 1972 (access to meetings and documents); or
(b) in a document which has been open to inspection by members of the public by virtue of that Part of that Act.
(14) For the purposes of this section and sections 62 to 65 below—
(a) document means anything in which information is recorded in any form (and references to producing a document are to the production of the information in it in a visible and legible form, including the production of a copy of the document or an extract of the relevant part of the document),
(b) any reference to a member of staff of a body includes a reference to an officer or employee of that body, and
(c) any reference to proceedings is a reference to proceedings at a meeting.
(1) The powers of the Assembly under section 61(1) above may be exercised by and for the purposes of an ordinary committee of the Assembly, if the committee is expressly authorised to exercise those powers by the standing orders or by the Assembly, but may not be exercised by any individual Assembly member or by any member of staff of the Authority.
(2) Except in the case of a committee which is authorised by standing orders to exercise the powers of the Assembly under section 61(1) above, section 54 above shall not apply in relation to—
(a) the Assembly’s function of deciding to exercise its powers under section 61(1) above; or
(b) the Assembly’s function under subsection (1) above of authorising a committee to exercise those powers.
(3) In order to impose a requirement on a person under section 61(1) above the head of the Authority’s paid service must give him notice specifying—
(a) the time and place at which he is to attend and the matters about which he is to be required to give evidence, or
(b) the documents, or types of documents, which he is to produce, the date by which he is to produce them and the matters to which the document or documents relate.
(4) Where a requirement under section 61(1) above is imposed on a person to attend proceedings or produce documents on behalf of a body, the notice required to be given to him under subsection (3) above must also specify that body.
(5) A notice required by subsection (3) above to be given to a person must be given at least two weeks before the day on which the proceedings are to take place, or by which the documents are to be produced, unless he waives this right.
(6) A notice required by subsection (3) above to be given to a person shall be taken to have been given to him if it is sent by registered post or the recorded delivery service and—
(a) if he is a member of staff of the Authority or the chairman of, a member of, or a member of staff of a functional body, it is sent to his normal place of work,
(b) if he is a person required to attend proceedings or produce documents on behalf of a body, it is sent to the registered or principal office of the body,
(c) if he is any other individual, it is sent to his usual or last known address, or
(d) in the case of any person, where that person has given an address for service of the notice, it is sent to that address.
The Secretary of State may by order—
(a) prescribe categories of information which a person who is required under subsection (1)(a) of section 61 above to attend proceedings of the Assembly may refuse to give, or
(b) prescribe categories of documents which a person who is required under subsection (1)(b) of that section to produce documents may refuse to produce.
(1) A person to whom a notice under section 62(3) above has been given is guilty of an offence if he—
(a) refuses or fails, without reasonable excuse, to attend proceedings as required by the notice,
(b) refuses to answer any question which is properly put to him when attending any proceedings as required by the notice,
(c) refuses or fails, without reasonable excuse, to produce any document required by the notice to be produced by him, or
(d) intentionally alters, suppresses, conceals or destroys any document required by the notice to be produced by him.
(2) A person guilty of an offence under subsection (1) above is liable on summary conviction to—
(a) a fine not exceeding level 5 on the standard scale, or
(b) imprisonment for a term not exceeding three months.
(3) A person is not obliged by section 61 above to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.
(1) In its application by virtue of section 58 above, Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), so far as relating to any proceedings under section 61(1) above (the evidentiary proceedings), shall have effect with the following additional modifications.
(2) In section 100B (access to agenda and connected reports) any reference to a report for a meeting includes a reference to any document (other than the agenda) supplied before, and for the purposes of, the evidentiary proceedings (a relevant document).
(3) If a report or relevant document is supplied less than three clear days before the evidentiary proceedings, copies of the report or document shall be open to inspection by the public under subsection (1) of that section from the time such copies are available to Assembly members, notwithstanding anything in subsection (3) of section 100B.
(4) In section 100C (inspection of minutes and other documents after meetings)—
(a) any reference to the minutes of a meeting shall be taken to include a reference to a transcript or other record of evidence given in the course of the evidentiary proceedings; and
(b) any reference to a report for the meeting includes a reference to a relevant document.
(5) In section 100D (inspection of background papers) any reference in subsections (1) to (4) to background papers for a report (or part of a report) shall be taken as a reference to any additional documents supplied by a witness.
(6) In this section, additional documents supplied by a witness means documents supplied, whether before, during or after the evidentiary proceedings,—
(a) by a person attending to give evidence at the proceedings, and
(b) for the use of Assembly members in connection with the proceedings,
but does not include any document which is a relevant document.
(7) In section 100F (additional rights of access for members) subsections (2) to (4) shall not have effect in relation to documents which contain material relating to any business to be transacted at the evidentiary proceedings.
(8) In section 100H (supplemental provisions and offences) in subsection (6), in the definition of accessible documents—
(a) the reference in paragraph (d) to a report for the meeting includes a reference to a relevant document; and
(b) the reference in paragraph (e) to background papers for a report for a meeting shall be taken as a reference to any additional documents supplied by a witness.