SCHEDULE 16 Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Section 178
PART 1 Amendments to the Housing and Regeneration Act 2008
1 The Housing and Regeneration Act 2008 is amended as follows.
2 In section 2 (the HCA: objects) after subsection (1) insert—
(1A) It is also an object of the HCA to facilitate the exercise through its Regulation Committee of the functions conferred on the HCA—
(a) as the regulator by virtue of Part 2 (regulation of social housing), or
(b) as the Regulator of Social Housing by virtue of any other enactment or instrument.
3 In section 4 (powers of the HCA: general) in subsection (6) for the “and” at the end of paragraph (a) substitute—
(aa) subsections (2) to (5) do not apply to the powers conferred on the HCA—
(i) as the regulator by virtue of Part 2 (but see section 92I (exercise of functions)), or
(ii) as the Regulator of Social Housing by virtue of any other enactment or instrument, and
.
4 (1) Section 31 (duties in relation to social housing) is amended as follows.
(2) Omit subsections (9) and (10).
(3) In subsection (11) omit—
(a) “or low cost home ownership accommodation”, and
(b) “or (as the case may be) low cost home ownership accommodation”.
(4) In subsection (12) omit the definition of “low cost home ownership accommodation”.
5 In section 32 (recovery etc of social housing assistance) omit subsection (11).
6 In section 34(2) (determinations under sections 32 and 33)—
(a) omit paragraph (a), and
(b) in paragraph (b) omit “other”.
7 Omit section 37 (duty to co-operate with Regulator of Social Housing).
8 (1) Section 42 (agency arrangements with UDCs) is amended as follows.
(2) In subsection (2)(a) after “Chapter 3” insert “ or the functions to which subsection (2A) applies ”.
(3) After that subsection insert—
(2A) The functions to which this subsection applies are the functions conferred on the HCA—
(a) as the regulator by virtue of Part 2, or
(b) as the Regulator of Social Housing by virtue of any other enactment or instrument.
9 In section 46 (guidance by the Secretary of State) after subsection (7) insert—
(8) This section does not apply to the functions conferred on the HCA—
(a) as the regulator by virtue of Part 2, or
(b) as the Regulator of Social Housing by virtue of any other enactment or instrument.
10 In section 47 (directions by the Secretary of State) after subsection (6) insert—
(7) This section does not apply to the functions conferred on the HCA—
(a) as the regulator by virtue of Part 2, or
(b) as the Regulator of Social Housing by virtue of any other enactment or instrument.
11 In the Table in section 58 (Part 1: index of defined expressions) in the entry for “Regulator of Social Housing” for “Section 81(2)(a)” substitute “ Section 92A(2) ”.
12 In the Table in section 60(4) (structural overview of Part 2) for the entry relating to Chapter 2 substitute—
2 | 92A to 109 | The Social Housing Regulator | (a) The regulator and the Regulation Committee (b) Fundamental objectives (c) Powers (d) Money (e) Information
13 Omit section 78 (the Regulator of Social Housing).
14 Omit section 81 (the regulator: establishment).
15 Omit section 82 (the regulator: membership).
16 Omit section 83 (the regulator: tenure of office of members).
17 Omit section 84 (the regulator: chief executive).
18 Omit section 85 (the regulator: other staff).
19 Omit section 86 (the regulator: fundamental objectives).
20 Omit section 87 (the regulator: procedure).
21 Omit section 88 (the regulator: conflict of interest).
22 Omit section 89 (the regulator: committees).
23 Omit section 90 (the regulator: delegation).
24 Omit section 91 (the regulator: seal).
25 Omit section 92 (the regulator: annual report).
26 After that section insert—
The regulator and the Regulation Committee
Regulation functions of the HCA
92A (1) In this Part “the regulator” means the HCA.
(2) In any other enactment or instrument “the Regulator of Social Housing” means the HCA.
The Regulation Committee
92B (1) The HCA must establish a committee to be known as the Regulation Committee.
(2) The functions conferred on the HCA as the regulator by virtue of this Part, or as the Regulator of Social Housing by virtue of any other enactment or instrument, are exercisable by the HCA acting through the Regulation Committee.
(3) Those functions are not exercisable by the HCA in any other way.
(4) Subsections (2) and (3) are subject to any express provision to the contrary in this Part or in the enactment or instrument in question.
(5) References in this Part to the functions of the regulator are to the functions mentioned in subsection (2).
(6) References in any enactment or instrument to the social housing functions of the HCA or the Regulator of Social Housing are to the functions mentioned in subsection (2).
Membership of the Regulation Committee
92C (1) The Regulation Committee is to consist of—
(a) a person appointed by the Secretary of State to chair the Committee (“the chair”), and
(b) not less than four and not more than six other members appointed by the Secretary of State.
(2) The chair of the Committee must not be a member of the HCA immediately prior to the chair's appointment as such, but becomes a member of the HCA on appointment.
(3) One other member of the Committee may be a member of the HCA.
(4) The member within subsection (3) is referred to in this Part as the internal member.
(5) The remaining members of the Committee must be neither a member nor a member of staff of the HCA.
(6) A member within subsection (5) is referred to in this Part as an external member.
(7) The Secretary of State must consult the chair before appointing the other members.
(8) In appointing a person to be a member, the Secretary of State must have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, a matter relevant to the exercise of the functions of the regulator.
(9) In appointing a person to be a member, the Secretary of State must be satisfied that the person will have no financial or other interest likely to affect prejudicially the exercise of the person's functions as a member.
(10) The Secretary of State may require any person whom the Secretary of State proposes to appoint as a member to provide such information as the Secretary of State considers necessary for the purposes of subsection (9).
Terms of appointment of members
92D (1) A member of the Regulation Committee holds office in accordance with the member's terms of appointment.
(2) A member may resign by serving notice on the Secretary of State.
(3) A person ceases to be the chair if the person—
(a) resigns that office by serving notice on the Secretary of State, or
(b) ceases to be a member of the Committee.
(4) If a person ceases to be the chair, the person—
(a) ceases to be a member of the Committee, and
(b) ceases to be a member of the HCA.
(5) A person ceases to be the internal member if the person ceases to be a member of the HCA.
(6) A person who ceases to be a member or the chair is eligible for reappointment (subject to section 92C).
(7) The Secretary of State may remove a member who—
(a) has been absent from meetings of the Committee without its permission for more than six months,
(b) has become bankrupt or has made an arrangement with the member's creditors,
(c) the Secretary of State thinks has failed to comply with the member's terms of appointment, or
(d) the Secretary of State thinks is otherwise unable, unfit or unsuitable to exercise the functions of that member.
Remuneration etc of members
92E (1) The Secretary of State may require the HCA to pay to the chair such additional remuneration and allowances as the Secretary of State may decide.
(2) The Secretary of State may require the HCA to pay to the external members of the Regulation Committee such remuneration and allowances as the Secretary of State may decide.
(3) The Secretary of State may require the HCA to—
(a) pay such pensions, allowances or gratuities as the Secretary of State may decide to or in respect of any external member or former external member;
(b) pay such sums as the Secretary of State may decide towards provision for the payment of pensions, allowances or gratuities to or in respect of any external member or former external member.
(4) Subsection (5) applies if—
(a) a person ceases to be an external member, and
(b) the Secretary of State considers that there are special circumstances that make it appropriate for the person to receive compensation.
(5) The Secretary of State may require the HCA to pay the person such amount as the Secretary of State may decide.
Sub-committees of the Regulation Committee
92F (1) The Regulation Committee may establish one or more sub-committees.
(2) A sub-committee may include persons who are not members of the Committee.
(3) The Secretary of State may require the HCA to pay such remuneration and allowances as the Secretary of State may decide to any person who—
(a) is a member of a sub-committee, but
(b) is not a member of the Committee.
(4) The HCA may dissolve a sub-committee.
Procedure of the Committee and its sub-committees
92G (1) The Regulation Committee may decide—
(a) its own procedure, and
(b) the procedure of any of its sub-committees.
(2) Subject to subsection (1), a sub-committee may decide its own procedure.
(3) The validity of proceedings of the Committee or of any of its sub-committees is not affected by—
(a) any vacancy in its membership,
(b) any defect in the appointment of a member, or
(c) any contravention of section 92H (members' interests).
(4) In this section “procedure” includes quorum.
Members' interests
92H (1) A member of the Regulation Committee who is directly or indirectly interested in any matter arising at a meeting of the Committee must disclose the nature of that interest to the meeting.
(2) A member of a sub-committee of the Committee who is directly or indirectly interested in any matter arising at a meeting of the sub-committee must disclose the nature of that interest to the meeting.
(3) In a case within subsection (1) or (2)—
(a) the member must not take part in any deliberation or decision about the matter if it is a contract or agreement of any description, but
(b) may otherwise take part in any deliberation or decision about the matter unless at least one-third of the other members at the meeting decide that the interests disclosed might prejudicially affect the member's consideration of the matter.
Exercise of functions
92I (1) The Regulation Committee may delegate any of the functions of the regulator to—
(a) any of its members,
(b) any of its sub-committees, or
(c) any member of staff of the HCA.
(2) A sub-committee of the Committee may delegate any function conferred on it to any member of staff of the HCA.
(3) A power of the HCA that is a function of the regulator—
(a) may be exercised separately or together with, or as part of, another such power;
(b) does not limit the scope of another such power.
Recommendations to HCA
92J (1) The Regulation Committee may make recommendations to the HCA about the exercise of the HCA's functions.
(2) The HCA must publish, in such manner as it thinks fit—
(a) a recommendation received from the Regulation Committee under this section, and
(b) the HCA's response to it.
(3) In this section the reference to the HCA's functions does not include the functions of the regulator.
Fundamental objectives
Fundamental objectives
92K (1) The regulator must perform its functions with a view to achieving (so far as is possible)—
(a) the economic regulation objective, and
(b) the consumer regulation objective.
(2) The economic regulation objective is—
(a) to ensure that registered providers of social housing are financially viable and properly managed, and perform their functions efficiently and economically,
(b) to support the provision of social housing sufficient to meet reasonable demands (including by encouraging and promoting private investment in social housing),
(c) to ensure that value for money is obtained from public investment in social housing,
(d) to ensure that an unreasonable burden is not imposed (directly or indirectly) on public funds, and
(e) to guard against the misuse of public funds.
(3) The consumer regulation objective is—
(a) to support the provision of social housing that is well-managed and of appropriate quality,
(b) to ensure that actual or potential tenants of social housing have an appropriate degree of choice and protection,
(c) to ensure that tenants of social housing have the opportunity to be involved in its management and to hold their landlords to account, and
(d) to encourage registered providers of social housing to contribute to the environmental, social and economic well-being of the areas in which the housing is situated.
(4) The objectives are referred to in this Part as the regulator's fundamental objectives.
(5) The regulator must exercise its functions in a way that—
(a) minimises interference, and
(b) (so far as is possible) is proportionate, consistent, transparent and accountable.
27 In section 93(1) (the regulator: general functions) for “conferred on it by this Part or another enactment” substitute “ of the regulator ”.
28 Omit section 99 (the regulator: remuneration).
29 In section 100 (charging)—
(a) at the beginning insert “ (1) ”, and
(b) at the end of the subsection (1) so formed insert—
(2) The functions of billing for and receiving the payment of charges under this section are exercisable by the HCA rather than by the HCA acting through its Regulation Committee.
30 Omit section 101 (the regulator: assistance by Secretary of State).
31 Omit section 102 (the regulator: borrowing).
32 Omit section 103 (the regulator: accounts).
33 Omit section 104 (the regulator: financial year).
34 Omit section 105 (the regulator: co-operation with the HCA).
35 Omit section 106 (the regulator: direction to the HCA).
36 In section 112(4) (duty to consult before setting criteria for voluntary registration) omit paragraph (a).
37 (1) Section 117 (the regulator: fees) is amended as follows.
(2) In subsection (5)(a) after “the performance of” insert “the regulator's”.
(3) In subsection (9) for “regulator's” substitute “HCA's”.
(4) After that subsection insert—
(10) The functions of billing for and receiving the payment of fees under this section are exercisable by the HCA rather than by the HCA acting through its Regulation Committee.
38 In section 145 (moratorium) omit subsection (4).
39 (1) Section 146 (duration of moratorium) is amended as follows.
(2) In subsection (4)—
(a) at the end of paragraph (a) insert “ and ”, and
(b) omit paragraph (c).
(3) Omit subsection (8).
40 In section 147(4) (further moratorium)—
(a) at the end of paragraph (a) insert “ and ”, and
(b) omit paragraph (c).
41 In section 174(5) (procedure for consent to disposal of social housing) omit paragraph (a).
42 In section 196(1) (consultation on standards and codes of practice) omit paragraph (f).
43 In section 197(4) (direction by Secretary of State) omit paragraph (b).
44 In section 202 (inspections: supplemental) after subsection (7) insert—
(8) The functions of billing for and receiving the payment of fees under this section are exercisable by the HCA rather than by the HCA acting through its Regulation Committee.
45 In section 216 (consultation on use of intervention powers) omit paragraph (e).
46 In section 222 (notification of use of enforcement notice) omit paragraph (a).
47 In section 230(2) (pre-penalty warning) omit paragraph (a).
48 Omit section 232 (duty to notify HCA of penalty notice).
49 In section 242(3) (pre-compensation warning) omit paragraph (a).
50 (1) Section 248 (supplemental provisions about management tenders) is amended as follows.
(2) In subsection (4) omit paragraph (a).
(3) In subsection (7) omit paragraph (c).
(4) In subsection (8) omit paragraph (a).
51 (1) Section 250 (supplemental provisions about management transfers) is amended as follows.
(2) In subsection (4) omit paragraph (a).
(3) In subsection (7) omit paragraph (c).
(4) In subsection (8) omit paragraph (a).
52 (1) Section 252 (supplemental provisions about appointment of managers) is amended as follows.
(2) In subsection (4) omit paragraph (a).
(3) Omit subsection (7).
53 (1) The Table in section 276 (Part 2: index of defined terms) is amended as follows.
(2) Omit the entry for “Appointed member”.
(3) In the entry for “Fundamental objectives” for “Section 86” substitute “ Section 92K ”.
(4) In the entry for “The regulator” for “Section 81” substitute “ Section 92A ”.
(5) In the entry for “The Regulator of Social Housing” for “Section 81” substitute “ Section 92A ”.
(6) Insert the following entries at the appropriate place—
The chair | Section 92C”;
“External member | Section 92C”;
“The internal member | Section 92C
.
54 (1) Schedule 1 (constitution of the Homes and Communities Agency) is amended as follows.
(2) In paragraph 1 (appointment of membership) after sub-paragraph (4) insert—
(5) A person who is an external member of the Regulation Committee (see section 92C) may not be appointed as a member of the HCA.
(3) After paragraph 17 insert—
18 The provisions in this Schedule about the HCA's committees and their sub-committees do not apply in relation to the Regulation Committee or its sub-committees (as to which see in particular sections 92A to 92I).
PART 2 Amendments consequential on Part 1
Public Records Act 1958 (c. 51)
55 In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3 omit the entry for the Office for Tenants and Social Landlords.
Parliamentary Commissioner Act 1967 (c. 13)
56 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit the entry for the Office for Tenants and Social Landlords.
House of Commons Disqualification Act 1975 (c. 24)
57 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Office for Tenants and Social Landlords.
Freedom of Information Act 2000 (c. 36)
58 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit the entry for the Office for Tenants and Social Landlords.
Housing (Scotland) Act 2010 (asp 17)
59 The Housing (Scotland) Act 2010 is amended as follows.
60 In section 18(2) (co-operation with other regulators: definition of “relevant regulators”) in paragraph (a) for “the Office for Tenants and Social Landlords” substitute “ the Regulator of Social Housing ”.
61 In section 68(3) (determination of accounting requirements for registered social landlords: consultation with other bodies) in paragraph (c) for “the Office for Tenants and Social Landlords” substitute “ the Regulator of Social Housing ”.
Equality Act 2010 (c. 15)
62 In Schedule 19 to the Equality Act 2010 (public authorities) omit the entry for the Office for Tenants and Social Landlords.
PART 3 Transfer of property, rights and liabilities
Transfer of property, rights and liabilities
63 (1) The property, rights and liabilities to which the Office is entitled or subject immediately before the commencement of this paragraph transfer to and vest in the HCA.
(2) This paragraph has effect in spite of any provision (of whatever nature) that would otherwise prevent, penalise or restrict the transfer of the property, rights or liabilities.
(3) In particular, it has effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of such a provision having effect in relation to the terms on which the Office is entitled to the property or right, or subject to the liability, in question.
(4) A certificate by the Secretary of State that anything specified in the certificate has vested in the HCA under this paragraph is conclusive evidence for all purposes of that fact.
Employment contracts: transfer of rights and liabilities
64 (1) The rights and liabilities transferred by paragraph 63 include rights or liabilities under a contract of employment.
(2) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to the transfer by virtue of that paragraph of rights or liabilities under a contract of employment (whether or not it is a relevant transfer for the purposes of those regulations).
Continuity
65 (1) The transfer of property, rights and liabilities by virtue of paragraph 63 does not affect the validity of anything done (or having effect as if done) by or in relation to the Office before the transfer takes effect.
(2) Anything that—
(a) is done (or has effect as if done) by or in relation to the Office for the purposes of, or otherwise in connection with, anything transferred by paragraph 63, and
(b) has effect immediately before the transfer date,
is to be treated as done by or in relation to the HCA.
(3) There may be continued by or in relation to the HCA anything (including legal proceedings) that—
(a) relates to anything transferred under paragraph 63, and
(b) is in the process of being done by or in relation to the Office immediately before the transfer date.
(4) Sub-paragraph (5) applies to any document that—
(a) relates to anything transferred under paragraph 63, and
(b) is in effect immediately before the transfer date.
(5) Any references (however expressed) in the document to the Office are to be read, so far as is necessary for the purposes of the transfer, as references to the HCA.
Interpretation
66 In this Part of this Schedule—
“the Office” means the Office for Tenants and Social Landlords constituted by Chapter 2 of Part 2 of the Housing and Regeneration Act 2008 as originally enacted;
“the transfer date” means the date on which paragraph 63 comes into force.
PART 4 Transitional and saving provisions
Final annual report
67 (1) As soon as is reasonably practicable after the abolition date, the HCA must prepare a report on the performance of the functions of the Office—
(a) in the last financial year to end before the abolition date, and
(b) in the period (if any) beginning immediately after the end of that financial year and ending immediately before the abolition date.
(2) Sub-paragraph (1)(a) does not apply if the Office has already sent a report under section 92 of the Housing and Regeneration Act 2008 to the Secretary of State in respect of the financial year.
(3) The report must, in particular—
(a) specify any direction given to the Office by the Secretary of State in the period to which it relates under section 197 of the Housing and Regeneration Act 2008, and
(b) contain a general description of complaints made to the Office in that period about the performance of registered providers of social housing and of how those complaints have been dealt with.
(4) The HCA must send a report under this paragraph to the Secretary of State as soon as is reasonably practicable after preparing it.
(5) The Secretary of State must lay the report before Parliament.
Final accounts
68 (1) As soon as is reasonably practicable after the abolition date, the HCA must prepare—
(a) a statement of the accounts of the Office for the last financial year to end before the abolition date, and
(b) a statement of the accounts of the Office for the period (if any) beginning immediately after the end of that financial year and ending immediately before the abolition date.
(2) A statement under this paragraph must be prepared in accordance with the direction given by the Secretary of State to the Office dated 12 August 2009.
(3) The HCA must, as soon as is reasonable practicable after preparing a statement under this section, send a copy of it to the Secretary of State and the Comptroller and Auditor General.
(4) The Comptroller and Auditor General must—
(a) examine, certify and report on the statement, and
(b) lay a copy of the report before Parliament.
(5) Sub-paragraph (1)(a) does not apply if the Office has already sent a copy of its statement of accounts for the year to the Comptroller and Auditor General.
(6) In such a case the repeal of section 103(5) of the Housing and Regeneration Act 2008 does not remove the obligation of the Comptroller and Auditor General to take the steps specified in that provision in relation to the statement of accounts if the Comptroller has not already done so.
General transitional and saving provisions
69 (1) Section 92A of the Housing and Regeneration Act 2008 does not apply to an enactment or instrument if and to the extent that it makes provision about a time before the commencement of the insertion of that section by paragraph 26.
(2) In relation to such a time—
(a) references in Part 2 of that Act to “the regulator” are to the Office, and
(b) references in any other enactment or instrument to “the Regulator of Social Housing” are to the Office.
(3) The transfer of functions from the Office to the HCA by virtue of this Schedule does not affect the validity of anything done (or having effect as if done) by or in relation to the Office before the transfer takes effect.
(4) Anything that—
(a) is done (or has effect as if done) by or in relation to the Office for the purposes of, or otherwise in connection with, a function transferred by virtue of this Schedule, and
(b) has effect immediately before the date on which the function is transferred,
is to be treated as done by or in relation to the HCA.
(5) There may be continued by or in relation to the HCA anything (including legal proceedings) that—
(a) relates to a function transferred by virtue of this Schedule, and
(b) is in the process of being done by or in relation to the Office immediately before the date on which the function is transferred.
(6) Sub-paragraph (7) applies to any document that—
(a) relates to a function transferred by virtue of this Schedule, and
(b) is in effect immediately before the date on which the function is transferred.
(7) Any references (however expressed) in the document to the Office are to be read, so far as is necessary for the purposes of the transfer, as references to the HCA.
Interpretation
70 In this Part of this Schedule—
“the abolition date” means the date on which the repeal of section 81 of the Housing and Regeneration Act 2008 by Part 1 of this Schedule comes into force;
“financial year” means the period of 12 months ending with 31 March in any year;
“the Office” means the Office for Tenants and Social Landlords constituted by Chapter 2 of Part 2 of the Housing and Regeneration Act 2008 as originally enacted.
Section 179
1 Part 2 of the Housing and Regeneration Act 2008 (regulation of social housing) is amended as follows.
2 In section 122 (restriction on gifts and distributions by non-profit registered providers to members etc) after subsection (6) insert—
(7) The Secretary of State may by order amend this section for the purpose of—
(a) adding to the permitted classes, or
(b) modifying or removing a permitted class added by order under this subsection.
(8) Before making an order under subsection (7), the Secretary of State must consult—
(a) the Charity Commission,
(b) the regulator, and
(c) one or more bodies appearing to the Secretary of State to represent the interests of registered providers.
3 (1) Section 192 (overview of Chapter 6) is amended as follows.
(2) In paragraph (a) for “198” substitute “ 198B ”.
(3) In paragraph (d) for “complaints” substitute “ the submission of information and opinions ”.
4 (1) Section 193 (standards as to provision of social housing) is amended as follows.
(2) In the heading for “Provision of social housing” substitute “ Standards relating to consumer matters ”.
(3) In subsection (2) omit paragraph (c).
5 (1) Section 194 (management of financial and other affairs of registered providers) is amended as follows.
(2) In the heading for “Management” substitute “ Standards relating to economic matters ”.
(3) In subsection (1) omit “the management of”.
(4) After that subsection insert—
(1A) Standards under subsection (1) may, in particular, require private registered providers to comply with specified rules about—
(a) the management of their financial and other affairs, and
(b) their efficiency in carrying on their financial and other affairs.
(5) After subsection (2) insert—
(2A) The regulator may set standards for registered providers requiring them to comply with specified rules about their levels of rent (and the rules may, in particular, include provision for minimum or maximum levels of rent or levels of increase or decrease of rent).
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 197(1) (directions by Secretary of State as to standards) in each of paragraphs (a) and (b) after “193” insert “ or 194 ”.
8 In section 198 (supplemental provision about standards) omit subsection (1).
9 After that section insert—
Failure to meet standard under section 193
198A (1) Failure by a registered provider to meet a standard under section 193 (standards relating to consumers matters) is a ground for exercising a power in this Chapter or Chapter 7.
(2) But a power to which this subsection applies may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that—
(a) the failure has resulted in a serious detriment to the registered provider's tenants or potential tenants, or
(b) there is a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants.
(3) Subsection (2) applies to the powers conferred by any of the following—
(a) section 199 (surveys);
(b) section 201 (inspections);
(c) section 206 (inquiries);
(d) section 220 (enforcement notices);
(e) section 227 (penalties);
(f) section 237 (compensation);
(g) section 247 (management tender);
(h) section 251 (appointment of manager).
(4) The risk that, if no action is taken by a registered provider or the regulator, the registered provider will fail to meet a standard under section 193 is a ground for exercising a power in this Chapter.
(5) But a power in this Chapter may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that, if the failure occurs—
(a) the failure will result in a serious detriment to the registered provider's tenants or potential tenants, or
(b) there will be a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants.
(6) In considering whether to exercise a power within subsection (1) or (4) on the ground mentioned in that subsection, the regulator must have regard to any information it has received from any of the following—
(a) the Commission for Local Administration in England;
(b) a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996;
(c) any body appearing to the regulator to represent the interests of tenants of social housing in England;
(d) a county council in England, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly or a parish council;
(e) a member of any of the bodies listed in paragraph (d);
(f) the Greater London Authority;
(g) a Member of Parliament;
(h) a fire and rescue authority under the Fire and Rescue Services Act 2004;
(i) the Health and Safety Executive;
(j) the Secretary of State.
Failure to meet standard under section 194
198B (1) Failure by a registered provider to meet a standard under section 194 (standards relating to economic matters) is a ground for exercising a power in this Chapter or Chapter 7 (if the power is otherwise exercisable in relation to a registered provider of that kind).
(2) The risk that, if no action is taken by a registered provider or the regulator, the registered provider will fail to meet a standard under section 194 is a ground for exercising a power in this Chapter.
10 (1) Section 201 (inspections) is amended as follows.
(2) For subsection (2) substitute—
(2) The person may be a member of the regulator's staff if the Secretary of State consents.
(2A) Consent under subsection (2) may be general or specific.
(3) Omit subsection (3).
(4) Omit subsection (6).
(5) For subsection (7) substitute—
(7) Arrangements for a person other than a member of the regulator's staff to carry out an inspection may include provision about payments.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Omit subsection (8).
11 (1) Section 202 (inspections: supplemental) is amended as follows.
(2) In subsection (6) omit paragraph (c).
(3) In subsection (7)—
(a) at the end of paragraph (a) insert “ and ”, and
(b) omit paragraph (c).
12 In section 203 (inspector's powers) for subsection (12) substitute—
(12) In this section “inspector” means a person authorised in writing by the regulator to exercise the powers under this section for the purposes of an inspection under section 201.
13 Omit section 204 (performance information).
14 Omit section 205 (publication of performance information).
15 (1) Section 215 (guidance on use of intervention powers) is amended as follows.
(2) In subsection (1)(a) for “complaints” substitute “ the submission of information ”.
(3) In subsection (2) for paragraphs (a) to (c) substitute “ how the regulator will deal with the submissions it receives. ”
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 In section 216 (consultation)—
(a) before paragraph (a) insert—
(za) the Secretary of State,
, and
(b) omit paragraph (d).
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 In section 320 of the Housing and Regeneration Act 2008 (orders and regulations)—
(a) in subsection (3)(a) (orders subject to approval in draft by each House of Parliament), after “114” insert “ , 122 ”, and
(b) in subsection (7)(a) (orders subject to annulment by either House of Parliament, and exceptions from that requirement), after “114” insert “ , 122 ”.
SCHEDULE 18 Home information packs: consequential amendments
Section 183
Terrorism Act 2000 (c. 11)
1 In Schedule 3A to the Terrorism Act 2000 (regulated sector and supervisory authorities) in paragraph 2(1) (excluded activities)—
(a) at the end of paragraph (d) insert “ or ”, and
(b) omit paragraph (f).
Proceeds of Crime Act 2002 (c. 29)
2 In Schedule 9 to the Proceeds of Crime Act 2002 (regulated sector and supervisory authorities) in paragraph 2(1) (excluded activities)—
(a) at the end of paragraph (d) insert “ or ”, and
(b) omit paragraph (f).
Housing and Regeneration Act 2008 (c. 17)
3 In section 290(2)(e) of the Housing and Regeneration Act 2008 (power to make regulations) omit “made by virtue of Part 5 of the Housing Act 2004 (c. 34) (home information packs) or”.
SCHEDULE 19 Housing and regeneration: consequential amendments
Section 195
Public Health Act 1961 (c. 64)
1 In Schedule 4 to the Public Health Act 1961 (attachment of street lighting equipment to certain buildings) in the entry for a building owned by a development corporation established under the New Towns Act 1946 etc at the end insert “ or the Greater London Authority so far as exercising its new towns and urban development functions. ”
Leasehold Reform Act 1967 (c. 88)
2 In section 37(1)(ba)(i) of the Leasehold Reform Act 1967 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Land Compensation Act 1973 (c. 26)
3 In section 39(9)(b)(i) of the Land Compensation Act 1973 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Rent (Agriculture) Act 1976 (c. 80)
4 In section 5(3A) of the Rent (Agriculture) Act 1976 (definition of “English new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Rent Act 1977 (c. 42)
5 In section 14(2) of the Rent Act 1977 (definition of “English new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Protection from Eviction Act 1977 (c. 43)
6 In section 3A(8A)(a) of the Protection from Eviction Act 1977 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Local Government, Planning and Land Act 1980 (c. 65)
7 In section 93(1A) of the Local Government, Planning and Land Act 1980 (application of sections 95 to 96A to the Homes and Communities Agency) after “2008” insert “ and to the Greater London Authority so far as it is exercising its new towns and urban development functions ”.
Highways Act 1980 (c. 66)
8 In section 219(4B)(a) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
9 In Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) in paragraph 2(5A)(a) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Housing Act 1985 (c. 68)
10 The Housing Act 1985 is amended as follows.
11 In section 4(1)(g)(i) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
12 In section 45(2) (restrictions on service charges payable after disposal of lease: disposals to which restrictions apply) in the definition of “public sector authority” after the entry for the Homes and Communities Agency insert— “ the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions, ”.
13 (1) Section 80 (secure tenancies: the landlord condition) is amended as follows.
(2) In subsection (1) after “the Homes and Communities Agency” insert “ , the Greater London Authority ”.
(3) In subsection (2A) for the “or” at the end of paragraph (a) substitute—
(aa) the Greater London Authority as mentioned in section 333ZI(2)(a) to (d) of the Greater London Authority Act 1999, or
.
(4) In subsection (2B)—
(a) after “Agency” insert “ , the Greater London Authority ”, and
(b) after “(2A)(a)” insert “ , (aa) ”.
(5) In subsection (2C) after “Agency” in both places insert “ , the Greater London Authority ”.
(6) In subsection (2D) after “Agency” in both places insert “ , the Greater London Authority ”.
(7) In subsection (2E) after “Agency” insert “ , the Greater London Authority ”.
(8) In subsection (5)—
(a) after the first “Agency” insert “ , to the Greater London Authority ”, and
(b) after the second “Agency” insert “ , the Greater London Authority ”.
14 In section 151B (right to buy: mortgage for securing redemption of landlord's share) after subsection (5A) insert—
(5B) In subsection (5) “the Relevant Authority” also includes the Greater London Authority.
15 In section 156 (right to buy: liability to repay to be a charge on the premises) after subsection (4ZA) insert—
(4ZB) In subsection (4) “the Relevant Authority” also includes the Greater London Authority.
16 (1) Section 450A (right to a loan in respect of service charges after exercise of right to buy) is amended as follows.
(2) In subsection (5A) after “6A(4)” insert “ and in the case of a property outside Greater London ”.
(3) After that subsection insert—
(5B) In subsection (4)(a) “the Relevant Authority”, in relation to a housing association falling within section 6A(4) and in the case of a property in Greater London, means the Greater London Authority.
17 In section 450B(1)(a) (power to make loans in other cases) after “Agency” insert “ or the Greater London Authority ”.
18 In section 453(1)(b) (further advances in case of disposal on shared ownership lease) after “Agency” insert “ or the Greater London Authority ”.
19 In section 458(1) (loans for acquisition or improvement of housing: minor definitions) in the definition of “housing authority” after “Agency,” insert “ the Greater London Authority, ”.
20 In Schedule 4 (qualifying period for right to buy and discount) in paragraph 7B for the “or” at the end of paragraph (a) substitute—
(aa) the Greater London Authority, or
.
21 In Schedule 5 (exceptions to the right to buy) in paragraph 3—
(a) in the entry in the list for section 19 of the Housing and Regeneration Act 2008 omit the words from “(and” to “Act)”, and
(b) after the end of that entry (but not as an entry in that list) insert—
or a grant from the Greater London Authority which was a grant made on condition that the housing association provides social housing.
Landlord and Tenant Act 1985 (c. 70)
22 In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “new town corporation” for the “or” at the end of paragraph (b) substitute—
(ba) the Greater London Authority so far as exercising its new towns and urban development functions, or
.
Landlord and Tenant Act 1987 (c. 31)
23 In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) after paragraph (df) insert—
(dg) the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions;
.
Income and Corporation Taxes Act 1988 (c. 1)
24 In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying lenders) after paragraph (j) insert—
(ja) the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions;
.
Housing Act 1988 (c. 50)
25 The Housing Act 1988 is amended as follows.
26 In section 35(4)(ba) (tenancies which are secure tenancies) after “Agency” insert “ , the Greater London Authority ”.
27 In section 38(5A)(b)(i) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
28 In section 52(9A) (recovery of grants: interpretation) in the definition of “the appropriate authority”—
(a) in paragraph (a) after “association” insert “ and property outside Greater London ”, and
(b) for the “and” at the end of that paragraph substitute—
(aa) in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and
.
Water Industry Act 1991 (c. 56)
29 In section 219(1) of the Water Industry Act 1991 (general interpretation) in the definition of “new towns residuary body” after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Water Resources Act 1991 (c. 57)
30 In section 72(2A) of the Water Resources Act 1991 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Social Security Administration Act 1992 (c. 5)
31 In section 191 of the Social Security Administration Act 1992 (general interpretation) in paragraph (a) of the definition of “new town corporation” at the end of sub-paragraph (ii) insert
or
(iii) the Greater London Authority so far as exercising its new towns and urban development functions;
.
Taxation of Chargeable Gains Act 1992 (c. 12)
32 In section 219(1) of the Taxation of Chargeable Gains Act 1992 (disposals by housing related bodies) in paragraph (d) for “or the Homes and Communities Agency” substitute “ , the Homes and Communities Agency or the Greater London Authority ”.
Housing Act 1996 (c. 52)
33 The Housing Act 1996 is amended as follows.
34 (1) Section 51 (schemes for investigation of complaints against social landlords) is amended as follows.
(2) In subsection (3)(a)—
(a) in the entry in the list for section 19 of the Housing and Regeneration Act 2008 omit the words from “(and” to “Act)”, and
(b) at the end of the entry in the list for section 50 of the Housing Act 1988 etc (but not as an entry in that list) insert
,
or a grant from the Greater London Authority which was a grant made on condition that the recipient provides social housing; or
.
(3) After that subsection insert—
(3A) In subsection (3) “provides social housing” has the same meaning as in Part 1 of the Housing and Regeneration Act 2008.
35 In section 219(4)(a) (directions as to charges by social landlords: meaning of social landlord) after “Agency,” insert “ the Greater London Authority, ”.
Greater London Authority Act 1999 (c. 29)
36 The Greater London Authority Act 1999 is amended as follows.
37 (1) Section 38 (delegation) is amended as follows.
(2) In subsection (2) (persons to whom functions exercisable by the Mayor may be delegated) before paragraph (e) insert—
(db) the Homes and Communities Agency;
.
(3) In subsection (3) (cases where delegation to body requires its consent) after “In the case of” insert “ the Homes and Communities Agency, ”.
(4) In subsection (7) (power to exercise delegated functions where no existing power to do so) before paragraph (c) insert—
(bb) the Homes and Communities Agency,
.
(5) Before subsection (9) insert—
(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.
38 (1) In section 73(6), in the substituted subsection (2) of section 5 of the Local Government and Housing Act 1989 (reports by monitoring officer), the definition of “ GLA body or person ” is amended as follows.
(2) Before paragraph (d) insert—
(ca) the Homes and Communities Agency, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;
.
(3) Before paragraph (h) insert—
(gb) any committee or sub-committee of the Homes and Communities Agency when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;
.
(4) Before the closing words insert—
(mb) any member, or member of staff, of the Homes and Communities Agency when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;
.
Finance Act 2003 (c. 14)
39 The Finance Act 2003 is amended as follows.
40 In section 71(4) (stamp duty land tax: reliefs for acquisitions by registered social landlords) after paragraph (ca) insert—
(cb) made or given by the Greater London Authority,
.
41 (1) Schedule 9 (stamp duty land tax: rights to buy, shared ownership leases etc) is amended as follows.
(2) In paragraph 1—
(a) in sub-paragraph (3) after the entry relating to the Homes and Communities Agency insert— “ The Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions ”, and
(b) after sub-paragraph (6) insert—
(7) A grant by the Greater London Authority which—
(a) is made by virtue of section 35 of the Housing and Regeneration Act 2008 as applied by section 333ZE of the Greater London Authority Act 1999, or
(b) is otherwise made to a relevant provider of social housing (within the meaning of section 35 of the Housing and Regeneration Act 2008) in respect of discounts given by the provider on disposals of dwellings to tenants,
does not count as part of the chargeable consideration for a right to buy transaction to which the vendor is a relevant provider of social housing.
(3) In paragraph 5—
(a) in sub-paragraph (2) after paragraph (e) insert—
(ea) the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions;
, and
(b) in sub-paragraph (2A)—
(i) after “financial assistance” insert “ made or given ”, and
(ii) after “2008” insert “ or by the Greater London Authority ”.
(4) In paragraph 7(8)—
(a) after “financial assistance” insert “ made or given ”, and
(b) after “2008” insert “ or by the Greater London Authority ”.
Finance Act 2004 (c. 12)
42 (1) Section 59 of the Finance Act 2004 (construction industry scheme: contractors) is amended as follows.
(2) In subsection (1) after paragraph (f) insert—
(fa) the Greater London Authority in the exercise of its functions relating to housing or regeneration or its new towns and urban development functions;
.
(3) In subsection (2) for “(f)” substitute “ (fa) ”.
National Health Service Act 2006 (c. 41)
43 The National Health Service Act 2006 is amended as follows.
44 In section 256(2) (bodies to which PCTs may make payments in connection with provision of housing accommodation) after paragraph (ba) insert—
(bb) the Greater London Authority,
.
45 In section 268(3) (bodies with whom arrangements may be made for provision of accommodation to persons displaced by health service development) after paragraph (d) insert—
(da) the Greater London Authority,
.
Housing and Regeneration Act 2008 (c. 17)
46 The Housing and Regeneration Act 2008 is amended as follows.
47 In section 4(6) (application of rules about the exercise of the Homes and Communities Agency's specific powers) before the “and” at the end of paragraph (a) insert—
(aa) subsection (2) does not apply to the exercise of a function by the HCA in consequence of an authorisation under section 38 of the Greater London Authority Act 1999 (delegation by Mayor),
.
48 In section 112(4) (duty to consult before setting criteria for voluntary registration) before paragraph (b) insert—
(aa) the Greater London Authority,
.
49 In section 145 (moratorium) before the table insert—
(5) Where the private registered provider owns land in Greater London, the regulator shall give the Greater London Authority a copy of any notice received under this section.
50 (1) Section 146 (duration of moratorium) is amended as follows.
(2) After subsection (4) insert—
(4A) If the regulator extends a moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.
(3) Before subsection (9) insert—
(8A) When a moratorium in respect of a private registered provider who owns land in Greater London ends, the regulator shall also give notice to the Greater London Authority.
51 In section 147 (further moratorium) after subsection (4) insert—
(4A) If the regulator imposes a new moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.
52 In section 148(1) (HCA may not, during a moratorium, give or enforce directions as to the use or repayment of financial assistance)—
(a) before “the HCA” insert “ neither ”,
(b) after “the HCA” insert “ , nor the Greater London Authority, may ”,
(c) in each of paragraphs (a) and (b) omit “may not”, and
(d) for the “and” between those paragraphs substitute “ or ”.
53 In section 174(5) (procedure for consent to disposal of social housing) before paragraph (b) insert—
(aa) the Greater London Authority,
.
54 In section 178(3) (private registered provider's use of proceeds from disposals) for the words from “to the HCA” to the end substitute
—
(a) in the case of sums representing net disposal proceeds relating to property outside Greater London, to the HCA, and
(b) in the case of sums representing net disposal proceeds relating to property in Greater London, to the Greater London Authority.
55 In section 196(1) (consultation on standards and codes of practice) after paragraph (e) insert—
(ea) the Greater London Authority,
.
56 In section 197(4) (direction by Secretary of State) after paragraph (a) insert—
(aa) the Greater London Authority,
.
57 In section 216 (consultation on use of intervention powers) after paragraph (b) insert—
(ba) the Greater London Authority,
.
58 In section 222 (notification of use of enforcement notice) before paragraph (b) insert—
(aa) in the case of an enforcement notice given to a registered provider who owns land in Greater London, the Greater London Authority, and
.
59 In section 230(2) (pre-penalty warning) before paragraph (b) insert—
(aa) the Greater London Authority (if the pre-penalty warning is given to a registered provider who owns land in Greater London), and
.
60 Before section 233 insert—
Notifying the Greater London Authority
232A If the regulator imposes a penalty on a registered provider who owns land in Greater London, it must send a copy of the penalty notice to the Greater London Authority.
61 In section 242(3) (pre-compensation warning) before paragraph (b) insert—
(aa) the Greater London Authority (if the pre-compensation warning is given to a registered provider who owns land in Greater London), and
.
62 (1) Section 248 (supplemental provisions about management tenders) is amended as follows.
(2) In subsection (4) before paragraph (b) insert—
(aa) the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),
.
(3) In subsection (7) before paragraph (d) insert—
(ca) the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London),
.
(4) In subsection (8) before paragraph (b) insert—
(aa) in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and
.
63 (1) Section 250 (supplemental provisions about management transfer) is amended as follows.
(2) In subsection (4) before paragraph (b) insert—
(aa) in the case of a notice given to a registered provider who owns land in Greater London, the Greater London Authority,
.
(3) In subsection (7) before paragraph (d) insert—
(ca) if the requirement would be imposed on a registered provider who owns land in Greater London, the Greater London Authority,
.
(4) In subsection (8) before paragraph (b) insert—
(aa) in the case of a requirement imposed on a registered provider who owns land in Greater London, to the Greater London Authority, and
.
64 (1) Section 252 (supplemental provisions about appointment of managers) is amended as follows.
(2) In subsection (4) before paragraph (b) insert—
(aa) the Greater London Authority (if the notice is given to a registered provider who owns land in Greater London), and
.
(3) Before subsection (8) insert—
(7A) The regulator must notify the Greater London Authority of an appointment or requirement under section 251(2) in respect of a registered provider who owns land in Greater London.
SCHEDULE 20 Abolition of London Development Agency: consequential amendments
Section 195
Local Authorities (Goods and Services) Act 1970 (c. 39)
1 In section 1(4) of the Local Authorities (Goods and Services) Act 1970, in the definition of “local authority” for “, Transport for London and the London Development Agency” substitute “ and Transport for London ”.
Local Government Finance Act 1988 (c. 41)
2 In section 115(4A) of the Local Government Finance Act 1988 (duties as regards reports under section 114)—
(a) omit “the London Development Agency or”, and
(b) for the words from “neither” to “shall” substitute “ paragraph 7 of Schedule 10 to the 1999 Act (delegation by Transport for London) shall not ”.
Audit Commission Act 1998 (c. 18)
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Greater London Authority Act 1999 (c. 29)
4 The Greater London Authority Act 1999 is amended as follows.
5 In section 38(8) (application of section 101 of the Local Government Act 1972) after paragraph (a) insert “ or ”.
6 In section 127(4) (“officers” in section 127(2)(b) includes, in the case of Transport for London or the London Development Agency, its members) for the words after “in the case of Transport for London” substitute “ , includes a reference to its members. ”
7 In section 362(3)(b) (air quality strategy to contain information about measures to be taken by the Authority, Transport for London and the London Development Agency) for “, Transport for London and the London Development Agency” substitute “ and Transport for London ”.
8 In section 380(10) (application of section 101 of the Local Government Act 1972) after paragraph (a) insert “ or ”.
London Olympic Games and Paralympic Games Act 2006 (c. 12)
9 In section 10(4) of the London Olympic Games and Paralympic Games Act 2006 (matters to which regard to be had when Olympic Transport Plan being prepared or revised) for paragraph (c) (the London Development Agency's strategy) substitute—
(c) the Economic development strategy for London prepared in accordance with section 333F of that Act.
Section 198
Membership
1 (1) An MDC for an area in Greater London is to consist of such number of members (being not less than six) as the Mayor of London ... may from time to time appoint.
(2) The Mayor of London must, subject to sub-paragraph (5), exercise the Mayor's power under sub-paragraph (1) so as to secure that the members of an MDC include at least one elected member of each relevant London council.
(3) For the purposes of this Schedule—
(a) “London council” means a London borough council or the Common Council of the City of London, and
(b) a London council is “relevant” in relation to an MDC if any part of the MDC's area is within the council's area.
(3A) An MDC for an area in the area of a combined authority or CCA is to consist of such number of members (being not less than six) as the mayor for the area of the combined authority or CCA may from time to time appoint.
(3B) The mayor for the area of a combined authority or CCA must, subject to sub-paragraph (5), exercise the mayor's power under sub-paragraph (3A) so as to secure that the members of an MDC include at least one elected member of each relevant council.
(3C) For the purposes of this Schedule a council is “relevant” in relation to an MDC if—
(a) any part of the MDC's area is within the council's area, and
(b) the council is—
(i) the council for a county in which there are no district councils, or
(ii) a district council.
(4) The Mayor must appoint one of the members of an MDC to chair the MDC.
(5) In appointing a person to be a member of an MDC, the Mayor—
(a) must have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, a matter relevant to the carrying-out of the MDC's functions, and
(b) must be satisfied that the person will have no financial or other interest likely to affect prejudicially the exercise of the person's functions as member.
(6) The Mayor may require any person whom the Mayor proposes to appoint as a member to provide such information as the Mayor considers necessary for the purposes of sub-paragraph (5)(b).
Terms of appointment of members
2 (1) Subject as follows, a member of an MDC holds and vacates office in accordance with the member's terms of appointment.
(2) A member may resign by serving notice on the Mayor.
(3) A person appointed to chair an MDC—
(a) may resign that appointment, whether or not the person also resigns from membership of the MDC, by serving notice on the Mayor;
(b) ceases to hold that appointment if the person ceases to be a member of the MDC.
(4) A person who—
(a) ceases to be a member of an MDC, or
(b) ceases to be the person appointed to chair an MDC,
is eligible for reappointment.
(5) The Mayor may remove a member of an MDC if—
(a) the member has been absent from meetings of the MDC for more than 3 months without the permission of the MDC,
(b) the member has become bankrupt or has made an arrangement with the member's creditors,
(c) a debt relief order is made in respect of the member (see Part 7A of the Insolvency Act 1986) or the member is a person in respect of whom a debt relief restrictions order has effect (see Schedule 4ZB to that Act),
(d) the member has since being appointed ceased to be an elected member of a relevant London council or relevant council and the Mayor wishes to appoint an elected member of that council to be a member of the MDC in the member's place, or
(e) in the opinion of the Mayor, the member has failed to comply with the member's terms of appointment or is otherwise unable, unfit or unsuitable to exercise the member's functions as a member of the MDC.
Staff
3 (1) Before an MDC appoints staff it must obtain the Mayor's agreement to the terms and conditions on which the appointments are to be made.
(2) An MDC's power to appoint a chief executive may, in the case of the MDC's first chief executive, be exercised by the Mayor.
(3) An MDC's chief executive is a member of its staff.
Remuneration etc: members and staff
4 (1) An MDC may pay to or in respect of its members—
(a) remuneration,
(b) travelling and other allowances, and
(c) sums by way of, or in respect of, pensions and gratuities.
(2) The Mayor is to determine rates and eligibility criteria for payments under sub-paragraph (1).
(3) If the Mayor thinks that there are special circumstances that make it right to compensate a person on ceasing to be a member of an MDC, the MDC may pay compensation determined by the Mayor.
(4) Payments under sub-paragraph (1) or (3), other than travelling and subsistence allowances, are not to be made to a member of an MDC who is also a member of the London Assembly , or the combined authority or CCA, but this does not prevent payment of an allowance under sub-paragraph (1) to the person appointed to chair an MDC in respect of that office.
(5) An MDC may pay to or in respect of its staff—
(a) remuneration,
(b) travelling and other allowances, and
(c) sums by way of, or in respect of, pensions and gratuities.
(6) Rates and eligibility criteria for payments made by an MDC under sub-paragraph (5) are to be determined by the MDC with the agreement of the Mayor.
(7) In this paragraph “member” includes former member and “staff” includes former staff.
Status
5 (1) An MDC (and any member of an MDC or of an MDC's staff)—
(a) is not the servant or agent of the Crown, and
(b) does not share any immunity or privilege of the Crown.
(2) An MDC's property is not to be regarded as property of, or property held on behalf of, the Crown.
Committees
6 (1) An MDC may establish committees.
(2) A committee may establish sub-committees.
(3) A committee or sub-committee may, with the agreement of the Mayor, include persons who are not members of the MDC.
Delegation
7 (1) An MDC may delegate any of its functions to any of its members, committees or staff.
(2) A committee of an MDC may delegate any function conferred on it to—
(a) any member of the MDC,
(b) any sub-committee of the committee, or
(c) any of the MDC's staff.
(3) A sub-committee of a committee of an MDC may delegate any function conferred on it to—
(a) any member of the MDC, or
(b) any of the MDC's staff.
Proceedings and meetings
8 (1) An MDC may, subject to any directions given by the Mayor, decide—
(a) its own procedure,
(b) the procedure of any of its committees, and
(c) the procedure of any sub-committee of any of its committees.
(2) Subject to sub-paragraph (1), a committee may decide the procedure of any of its sub-committees.
(3) Subject to sub-paragraphs (1) and (2), a committee or sub-committee may decide its own procedure.
(4) In this paragraph “procedure” includes quorum.
9 The validity of any proceeding of an MDC is not affected by—
(a) its having fewer than six members,
(b) there being no person appointed to chair it,
(c) its members not including at least one elected member of each relevant London council or each relevant council, or
(d) any defect in the appointment of any of its members or of the person appointed to chair it.
Annual report (and “financial year”)
10 (1) As soon as reasonably practicable after the end of each financial year, an MDC must—
(a) prepare an annual report on how it has exercised its functions during the year,
(b) include in the report a copy of its audited statement of accounts for the year, and
(c) send a copy of the report to the Mayor and , in the case of an MDC for an area in London, to the London Assembly.
(2) “Financial year”, in relation to an MDC, means a period of 12 months ending with 31 March.
Seal etc
11 (1) The application of an MDC's seal is to be authenticated by—
(a) the person appointed to chair the MDC, or
(b) another member of the MDC, or some other person, authorised (generally or specially) for that purpose.
(2) A document purporting to be duly executed under the seal of an MDC or signed on its behalf—
(a) is to be received in evidence, and
(b) is to be treated as so executed or signed unless the contrary is shown.
House of Commons Disqualification Act 1975 (c. 24)
12 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies all of whose members are disqualified) at the appropriate place insert— “ A Mayoral development corporation (see section 198 of the Localism Act 2011). ”
SCHEDULE 22 Mayoral development corporations: consequential and other amendments
Section 222
Leasehold Reform Act 1967 (c. 88)
1 In paragraph 2 of Schedule 4A to the Leasehold Reform Act 1967 (exclusion of certain shared ownership leases granted by public authorities) in sub-paragraph (2) after paragraph (bb) insert—
(bc) a Mayoral development corporation;
.
Local Authorities (Goods and Services) Act 1970 (c. 39)
2 In section 1(4) of the Local Authorities (Goods and Services Act) 1970 (supply of goods and services by local authorities: interpretation) in the definition of “local authority” after “(joint waste authorities)” insert “ , a Mayoral development corporation ”.
Local Government Act 1972 (c. 70)
3 (1) The Local Government Act 1972 is amended as follows.
(2) In section 100J(1) (authorities treated as principal councils for purposes of Part 5A) after paragraph (g) insert—
(h) a Mayoral development corporation.
(3) In section 100J(3) (reference in section 100A(6)(a) to council's offices includes other premises at which meeting to be held) for “or (f)” substitute “ , (f) or (h) ”.
(4) In section 100J after subsection (3ZA) insert—
(3ZAA) In its application by virtue of subsection (1)(h) above in relation to a Mayoral development corporation, section 100E(3) has effect as if for paragraphs (a) to (c) there were substituted—
(a) a committee which is established under Schedule 21 to the Localism Act 2011 by a principal council, or
(b) a sub-committee established under that Schedule by a committee within paragraph (a).
(5) In section 100J(4)(b) (disapplication of duty to state ward or division for which member represents) after “in relation to” insert “ a Mayoral development corporation, or ”.
(6) In section 100K(1) (interpretation of Part 5A) in the definition of “committee or sub-committee of a principal council” before the second “above” insert “ and (3ZAA) ”.
Local Government Act 1974 (c. 7)
4 In section 25(1) of the Local Government Act 1974 (authorities subject to investigation by a Local Commissioner) after paragraph (bd) insert—
(bda) a Mayoral development corporation,
.
Rent Act 1977 (c. 42)
5 In section 14(1) of the Rent Act 1977 (tenancy not protected if landlord is listed body) after paragraph (g) insert—
(ga) a Mayoral development corporation;
.
Protection from Eviction Act 1977 (c. 43)
6 In section 3A(8) of the Protection from Eviction Act 1977 (licence to stay in hostel excluded if hostel provided by listed body) after paragraph (d) insert—
(da) a Mayoral development corporation;
.
Acquisition of Land Act 1981 (c. 67)
7 (1) The Acquisition of Land Act 1981 is amended as follows.
(2) In section 17(3) (special parliamentary procedure does not apply to acquisition by certain public bodies) after “an urban development corporation” insert “ , a Mayoral development corporation ”.
(3) In section 31(1) (acquisition under certain Acts of statutory undertakers' land without a certificate) before the “or” at the end of paragraph (c) insert—
(ca) section 207(2) of the Localism Act 2011 (acquisition by Mayoral development corporation),
.
(4) In paragraph 4(3) of Schedule 3 (special parliamentary procedure does not apply to acquisition by certain public bodies) after “an urban development corporation” insert “ , a Mayoral development corporation ”.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
8 In paragraph 2(5) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading: designation of streets: meaning of “relevant corporation”) after paragraph (b) insert—
(ba) a Mayoral development corporation;
.
Housing Act 1985 (c. 68)
9 The Housing Act 1985 is amended as follows.
10 In section 45(2) in the definition of “public sector authority” after the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
11 In section 80(1) (secure tenancies: the landlord condition) before the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
12 In section 114(1) (meaning of “landlord authority”) before the entry for a housing action trust insert— “ a Mayoral development corporation, ”.
13 In section 171(2) (section applies to interests held by certain bodies) after the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
14 In section 458(1) (Part 14: minor definitions) in the definition of “housing authority” after “an urban development corporation,” insert “ a Mayoral development corporation, ”.
15 In paragraph 2(1) of Schedule 1 (tenancy not secure if tenant employed by landlord or certain bodies) before the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
16 In Part 1 of Schedule 2 (grounds on which court may order possession of dwelling-house let under secure tenancy if it considers it reasonable) in paragraph (a) of Ground 7 before the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
17 In Part 3 of Schedule 2 (grounds on which court may order possession of dwelling-house let under secure tenancy if it considers it reasonable and suitable alternative accommodation is available) in paragraph (a) of Ground 12 before the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
18 In Schedule 3 (grounds for withholding consent to assignment by way of exchange) in paragraph (b) of Ground 5 before the entry for an urban development corporation insert—“ a Mayoral development corporation, ”.
19 In Schedule 4 (qualifying period for right to buy etc) in paragraph 7(1) (the landlord condition) after the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
20 In Schedule 5 (exceptions to right to buy) in paragraph 5(1)(b) (letting to employees of certain bodies) before the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
Landlord and Tenant Act 1985 (c. 70)
21 In section 14(4) of the Landlord and Tenant Act 1985 (section 11 does not apply to a post-1980 lease granted to a listed body) after the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
Landlord and Tenant Act 1987 (c. 31)
22 In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) after paragraph (b) insert—
(ba) a Mayoral development corporation;
.
Local Government Act 1988 (c. 9)
23 In Schedule 2 to the Local Government Act 1988 in the list of public authorities after the entry for an urban development corporation insert— “ a Mayoral development corporation. ”
Local Government Finance Act 1988 (c. 41)
24 In the Local Government Finance Act 1988 after section 48 insert—
Discretionary relief: functions of Mayoral development corporations
48A (1) The Mayor of London may require a billing authority to provide the Mayor with information to assist the Mayor with making decisions under section 214 of the Localism Act 2011 (Mayor's power to decide that a Mayoral development corporation should have functions under section 47 above).
(2) A Mayoral development corporation which has, or expects to have, functions under section 47 above may require a billing authority to provide the corporation with information to assist the corporation to exercise functions under that section.
(3) A billing authority must comply with a requirement imposed on it under subsection (1) or (2) above so far as the requirement relates to information available to the billing authority.
(4) A person to whom information is provided in response to a requirement imposed under subsection (1) or (2) above may use the information only for the purposes for which it was sought.
(5) The Secretary of State may by regulations make transitional provision in connection with, or in anticipation of, a Mayoral development corporation—
(a) beginning to exercise functions under section 47 above, or
(b) ceasing to exercise functions under that section.
(6) The Secretary of State may by regulations make provision about payment by a Mayoral development corporation to a billing authority of amounts—
(a) as regards the operation of section 47 above in cases where the corporation has exercised functions under that section;
(b) as regards costs of collection and recovery in such cases.
Housing Act 1988 (c. 50)
25 The Housing Act 1988 is amended as follows.
26 In section 35(4) (tenancies which can be secure tenancies) after paragraph (a) insert—
(aa) the interest of the landlord belongs to a Mayoral development corporation; or
.
27 In section 38(5) (when landlord's interest is held by a public body) after paragraph (a) insert—
(aa) it belongs to a Mayoral development corporation; or
.
28 In section 89(1) (housing action trust and urban development corporation may enter in agreement for supply of goods and services) after “1980,” insert “ or a housing action trust and a Mayoral development corporation, ”.
29 In paragraph 12(1) of Schedule 1 (tenancy cannot be assured tenancy if landlord is listed body) after paragraph (d) insert—
(da) a Mayoral development corporation;
.
Town and Country Planning Act 1990 (c. 8)
30 The Town and Country Planning Act 1990 is amended as follows.
31 In section 2A (power for Mayor to call in planning applications) after subsection (1) insert—
(1A) Subsection (1) does not apply if the local planning authority is a Mayoral development corporation.
32 After section 7 insert—
Mayoral development areas
7A (1) Subsection (2) applies where an order under section 198(2) of the Localism Act 2011 gives effect to any decision under section 202(2) or (6) of that Act as a result of which a Mayoral development corporation is for any area to be the local planning authority for the purposes of Part 3 of this Act.
(2) The Mayoral development corporation is the local planning authority for that area for those purposes in place of any authority who would otherwise be the local planning authority for that area for those purposes.
(3) Subsection (4) applies where an order under section 198(2) of that Act gives effect to any decision under section 202(3) or (6) of that Act as a result of which a Mayoral development corporation is for any area to have the functions referred to in section 202(3) of that Act.
(4) The Mayoral development corporation has those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.
(5) If an order under section 198(2) of that Act is amended to give effect to a decision under section 204(2) of that Act that limits the effect of a decision under section 202 of that Act, subsection (2) or (4), or each of them, applies accordingly.
33 After section 165 (Secretary of State may acquire land blighted by proposed new town or urban development area) insert—
Power of Greater London Authority to acquire land affected by designation of Mayoral development area where blight notice served
165ZA (1) Where a blight notice has been served in respect of land falling within paragraph 9A of Schedule 13 then, until such time as a Mayoral development corporation is established for the Mayoral development area, the Greater London Authority has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.
(2) Where the Greater London Authority acquires an interest under subsection (1), then—
(a) if the land is or becomes land within paragraph 9A(b) of Schedule 13, the interest is to be transferred by the Authority to the Mayoral development corporation established for the Mayoral development area; and
(b) in any other case, the interest may be disposed of by the Authority in such manner as the Authority thinks fit.
(3) The Land Compensation Act 1961 has effect in relation to the compensation payable in respect of the acquisition of an interest by the Greater London Authority under subsection (1) as if—
(a) the acquisition were by a Mayoral development corporation under Chapter 2 of Part 8 of the Localism Act 2011; and
(b) the land formed part of an area for which a Mayoral development corporation has been established.
34 In section 169 (meaning of “appropriate authority”) after subsection (4) insert—
(4A) In relation to land falling within paragraph 9A of Schedule 13, until such time as a Mayoral development corporation is established for the Mayoral development area, this Chapter has effect as if “the appropriate authority” were the Mayor of London.
35 In section 170(5) (meaning of “appropriate enactment” in the case of a development corporation or urban development corporation)—
(a) for “or 9” insert “ , 9 or 9A ”, and
(b) after “is established for the urban development area” insert “ or a Mayoral development corporation is established for the Mayoral development area ”.
36 (1) Paragraph 5 of Schedule 1 (when local highway authority may impose restrictions on grant of planning permission) is amended as follows.
(2) For sub-paragraph (2) (sub-paragraph (1) does not apply to urban development corporations) substitute—
(2) The reference to a local planning authority in sub-paragraph (1) is to be construed as including neither—
(a) a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 of the Local Government, Planning and Land Act 1980, nor
(b) a reference to a Mayoral development corporation which is the local planning authority by virtue of an order under section 198(2) of the Localism Act 2011,
and no provision of a development order which is included in it by virtue of that sub-paragraph is to be construed as applying to such a corporation.
(3) In subsection (3) after “urban development corporation who are the local planning authority” insert “ , or by a Mayoral development corporation which is the local planning authority, ”.
37 In Schedule 13 (blighted land) after paragraph 9 insert—
9A Land which is within an area designated under section 197 of the Localism Act 2011 as a Mayoral development area where—
(a) an order under section 198(2) of that Act establishing a Mayoral development corporation for the area has not been made or has been made but has not come into effect; or
(b) such an order has come into effect.
Planning (Hazardous Substances) Act 1990 (c. 10)
38 In section 3(4) of the Planning (Hazardous Substances) Act 1990 (when urban development corporation is hazardous substances authority) after “urban development corporation” insert “ or a Mayoral development corporation ”.
Water Industry Act 1991 (c. 56)
39 The Water Industry Act 1991 is amended as follows.
40 In section 41(2) (persons who may require provision of a water main) after paragraph (c) insert—
(ca) where the whole or any part of that locality is situated within a Mayoral development area, the Mayoral development corporation;
.
41 In section 97(5) (performance of sewerage undertaker's functions by relevant authorities: interpretation)—
(a) in the definition of “relevant area” after paragraph (a) insert—
(aa) in relation to the Mayoral development corporation for any Mayoral development area, means that area;
(b) in the definition of “relevant authority” after paragraph (a) insert—
(aa) the Mayoral development corporation for any Mayoral development area;
.
42 In section 98(2) (persons who may require provision of a public sewer) after paragraph (c) insert—
(ca) where the whole or any part of that locality is situated within a Mayoral development area, the Mayoral development corporation;
.
Channel Tunnel Rail Link Act 1996 (c. 61)
43 In paragraph 9(8)(a) of Schedule 2 to the Channel Tunnel Rail Link Act 1996 (“public sewer or drain” includes one owned by certain public bodies) after “an urban development corporation” insert “ , a Mayoral development corporation ”.
Greater London Authority Act 1999 (c. 29)
44 The Greater London Authority Act 1999 is amended as follows.
45 (1) Amend section 31 (limits of the general power) as follows.
(2) In subsection (1) (no power to incur expenditure on things which may be done by a functional body other than the London Development Agency) for “by a functional body other than the London Development Agency” substitute
by—
(a) Transport for London;
(b) the Mayor's Office for Policing and Crime; or
(c) the London Fire and Emergency Planning Authority.
(3) After subsection (1) insert—
(1A) In determining whether to exercise the power conferred by section 30(1) above, the Authority must seek to secure that it does not incur expenditure in doing anything which is being done by a Mayoral development corporation.
46 (1) Amend section 38 (delegation) as follows.
(2) In subsection (2) (persons to whom functions exercisable by the Mayor may be delegated) after paragraph (d) insert—
(da) any Mayoral development corporation;
.
(3) In subsection (7) (power to exercise delegated functions where no existing power to do so) after paragraph (b) insert—
(ba) any Mayoral development corporation,
.
(4) After subsection (8) (further delegation, and Mayor's power to continue to continue to exercise delegated functions) insert—
(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.
47 In section 60A(3) (offices where confirmation process applies) after the entry for the chairman of the London Fire and Emergency Planning Authority insert— “ person appointed to chair a Mayoral development corporation (see paragraph 1 of Schedule 21 to the Localism Act 2011); ”.
48 (1) Amend section 68 (disqualification and political restriction) as follows.
(2) In subsection (2) (application of disqualification and political restriction to certain bodies) after paragraph (b) insert—
(ba) a Mayoral development corporation.
(3) In subsection (3) (person appointed by Mayor as a member of his staff under section 67(1) not disqualified from becoming an unpaid member of Transport for London) after “Transport for London” insert “ or a Mayoral development corporation ”.
(4) In subsection (6) (“statutory chief officer” to include chief finance officer)—
(a) after “London,” in paragraph (a) insert
and
(aa) of a Mayoral development corporation,
, and
(b) after “member of Transport for London” insert “ or, as the case may be, a Mayoral development corporation ”.
(5) After subsection (6) insert—
(6A) In the application of section 2 of that Act in relation to a Mayoral development corporation by virtue of subsections (1) and (2) above, any reference to the person designated under section 4 of that Act as its head of paid service is to be taken as a reference to the chief executive of the Mayoral development corporation.
49 (1) In section 73(6), in the substituted subsection (2) of section 5 of the Local Government and Housing Act 1989 (reports by monitoring officer), amend the definition of “ GLA body or person ” as follows.
(2) After paragraph (b) insert—
(ba) a Mayoral development corporation, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;
.
(3) After paragraph (g) insert—
(ga) any committee or sub-committee of a Mayoral development corporation when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;
.
(4) After paragraph (m) insert—
(ma) any member, or member of staff, of a Mayoral development corporation when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 of the Greater London Authority Act 1999;
.
50 In section 347 (functional bodies to have regard to spatial development strategy) after “strategy” insert “ , but this is without prejudice to section 24 of the Planning and Compulsory Purchase Act 2004 (which requires certain of a Mayoral development corporation's documents to be in general conformity with the strategy) ”.
51 (1) Section 408 (transfers of property, rights and liabilities) is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) After subsection (8) insert—
(9) In subsection (3)(gc) “wholly-owned subsidiary” has the meaning given to it by section 1159 of the Companies Act 2006.
(10) For the purposes of subsection (3)(gd) and paragraph (b) of this subsection, a body corporate (“C”) is a “subsidiary” of another person (“P”) if—
(a) P, or P's nominee, is a member of C, or
(b) C is a subsidiary of a body corporate that is itself a subsidiary of P,
and, accordingly, the definition of “subsidiary” given by section 424(1) does not apply for those purposes.
(11) In this section “urban development corporation” means a corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.
52 In section 424(1) (interpretation) in the definition of “functional body” after paragraph (a) insert—
(aa) a Mayoral development corporation;
.
Freedom of Information Act 2000 (c. 36)
53 In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) after paragraph 35C insert—
35D A Mayoral development corporation established under section 198 of the Localism Act 2011.
Planning and Compulsory Purchase Act 2004 (c. 5)
54 The Planning and Compulsory Purchase Act 2004 is amended as follows.
55 In section 24 (if local planning authority are a London borough, local development documents must be in general conformity with the spatial development strategy) in subsections (1)(b) and (4) after “are a London borough” insert “ or a Mayoral development corporation ”.
56 (1) Amend section 37 (interpretation of Part 2) as follows.
(2) After subsection (5) insert—
(5ZA) Subsection (4) must also be construed subject to any order under section 198(2) of the Localism Act 2011 so far as providing that a Mayoral development corporation is, as regards an area, to be the local planning authority for some or all of the purposes of this Part in relation to some or all kinds of development.
(5ZB) Where such an order makes such provision, that MDC is, in relation to the kinds of development concerned, the local planning authority for the area and purposes concerned in place of any authority who, in relation to those kinds of development, would otherwise be the local planning authority for that area and those purposes.
(3) In subsection (5A) (definition of “local planning authority” has effect subject to any order providing for the Homes and Communities Agency to be the local planning authority) for “also be construed” substitute “ additionally be construed, and subsection (5ZB) must be construed, ”.
National Health Service Act 2006 (c. 41)
57 In section 256(2) of the National Health Service Act 2006 (Primary Care Trust may make payments to listed bodies in connection with provision of housing accommodation) after paragraph (c) insert—
(ca) a Mayoral development corporation,
.
Crossrail Act 2008 (c. 18)
58 In paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (“public sewer or drain” includes one owned by certain public bodies) after “an urban development corporation” insert “ , a Mayoral development corporation ”.
Planning Act 2008 (c. 29)
59 The Planning Act 2008 is amended as follows.
60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61 (1) Amend section 206 (provision about charging community infrastructure levy) is amended as follows.
(2) In subsection (5)(a) (“local planning authority” has the meaning given by section 37 of the Planning and Compulsory Purchase Act 2004) after “to England,” insert “ except that a Mayoral development corporation is a local planning authority for the purposes of this section only if it is the local planning authority for all purposes of Part 2 of PCPA 2004 in respect of the whole of its area and all kinds of development, ”.
(3) After subsection (5) insert—
(6) CIL regulations may make transitional provision in connection with, or in anticipation of, a Mayoral development corporation—
(a) becoming a charging authority as a result of the operation of subsection (2), or
(b) ceasing to be a charging authority as a result of the operation of that subsection.
Equality Act 2010 (c. 15)
62 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) after the entry for Transport for London insert— “ a Mayoral development corporation. ”
SCHEDULE 23 The London Environment Strategy: minor and consequential amendments of the Greater London Authority Act 1999
Section 225
General
1 The Greater London Authority Act 1999 is amended as follows.
2 (1) Section 41 (general duties of the Mayor in relation to his strategies) is amended as follows.
(2) In subsection (1)—
(a) after paragraph (c) insert—
(ca) the London Environment Strategy,
, and
(b) omit paragraphs (d) to (g).
(3) Omit subsection (11).
Biodiversity
3 (1) Section 352 (Mayor's biodiversity action plan) is amended as follows.
(2) For the heading substitute “ The London Environment Strategy: biodiversity ”.
(3) In subsection (2)—
(a) for “The London Biodiversity Action Plan” (in the opening words) substitute “ The provisions of the London Environment Strategy dealing with biodiversity ”,
(b) in paragraph (c), for “the London Biodiversity Action Plan” substitute “ those provisions of the London Environment Strategy ” and for “is required to consult” substitute “ has consulted or intends to consult ”, and
(c) in paragraph (d), for “the London Biodiversity Action Plan” substitute “ those provisions of the London Environment Strategy ” and for “is required to be consulted by the Mayor” substitute “ who the Mayor has consulted or intends to consult ”.
(4) In subsection (4), in the opening words, for “London Biodiversity Action Plan” substitute “ the provisions of the London Environment Strategy dealing with biodiversity ”.
(5) Omit subsections (1), (3), (4)(b) (with the preceding “and”), (5) and (6).
Municipal waste management
4 (1) Section 353 (municipal waste management strategy) is amended as follows.
(2) For the heading substitute “ The London Environment Strategy: municipal waste management ”.
(3) In subsections (2), (3A) and (4) for “municipal waste management strategy” (in each place) substitute “ provisions of the London Environment Strategy dealing with municipal waste management ”.
(4) Omit subsections (1), (4)(b) (with the preceding “and”) and (5) to (7).
5 (1) Section 354 (directions by the Secretary of State) is amended as follows.
(2) In subsection (1)—
(a) for “either of the conditions” substitute “ the condition ”, and
(b) for “municipal waste management strategy” substitute “ provisions of the London Environment Strategy dealing with municipal waste management ”.
(3) In subsection (2)—
(a) omit paragraph (a); and
(b) in paragraph (b), for “municipal waste management strategy” substitute “ provisions of the London Environment Strategy dealing with municipal waste management ”.
6 In—
(a) section 355(1), (3) and (7)(c) (duties of waste collection authorities etc),
(b) section 356(1) (directions by the Mayor),
(c) section 356A(5) (London Waste and Recycling Board),
(d) section 357(5) (information about existing waste contracts), and
(e) section 358(3) (information about new waste contracts),
for “municipal waste management strategy” (in each place) substitute “ provisions of the London Environment Strategy dealing with municipal waste management ”.
7 In section 355(7)(duties of waste collection authorities etc), in the words after paragraph (c), omit the words “of the strategy”.
Climate change mitigation and energy
8 (1) Section 361B (the London climate change mitigation and energy strategy) is amended as follows.
(2) For the heading substitute “ The London Environment Strategy: climate change mitigation and energy ”.
(3) In subsection (2), for “London climate change mitigation and energy strategy” substitute “ provisions of the London Environment Strategy dealing with climate change mitigation and energy ”.
(4) In subsection (3), for “strategy” substitute “ provisions dealing with climate change mitigation and energy ”.
(5) In subsection (4), for “strategy” substitute “ provisions dealing with climate change mitigation and energy ”.
(6) In subsection (6)—
(a) for “strategy” substitute “ provisions dealing with climate change mitigation and energy ”, and
(b) in paragraphs (d) and (e), for “the strategy” substitute “ those provisions ”.
(7) Omit subsections (1), (7) and (9) to (11) and, in subsection (12), the definition of “prescribed”.
9 Omit section 361C (directions by the Secretary of State to revise the strategy).
Adaptation to climate change
10 (1) Section 361D (the adaptation to climate change strategy for London) is amended as follows.
(2) For the heading substitute “ The London Environment Strategy: adaptation to climate change ”.
(3) In subsection (2), for “adaptation to climate change strategy for London” substitute “ provisions of the London Environment Strategy dealing with adaptation to climate change ”.
(4) Omit subsections (1) and (3) to (5).
11 Omit section 361E (directions by the Secretary of State to revise the strategy).
Air quality
12 (1) Section 362 (the Mayor's air quality strategy) is amended as follows.
(2) For the heading substitute “ The London Environment Strategy: air quality ”.
(3) In subsections (2) to (4), for “London air quality strategy” (in each place) substitute “ provisions of the London Environment Strategy dealing with air quality ”.
(4) Omit subsections (1) and (5) to (7).
13 (1) Section 363 (directions by the Secretary of State) is amended as follows.
(2) In subsection (1), for “either of the conditions” substitute “ the condition ”.
(3) In subsection (2)—
(a) omit paragraph (a), and
(b) in subsection (2)(b), for “London air quality strategy” substitute “ provisions of the London Environment Strategy dealing with air quality ”.
14 In section 364 (duty of local authorities in Greater London), for “London air quality strategy” substitute “ provisions of the London Environment Strategy dealing with air quality ”.
15 In section 365 (directions by the Mayor), for “London air quality strategy” substitute “ provisions of the London Environment Strategy dealing with air quality ”.
Ambient noise
16 (1) Section 370 (the London ambient noise strategy) is amended as follows.
(2) For the heading substitute “ The London Environment Strategy: ambient noise ”.
(3) In subsection (2), for “London ambient noise strategy” substitute “ provisions of the London Environment Strategy dealing with ambient noise ”.
(4) In subsection (3), in paragraph (b) of the definition of “ambient noise”, for “London ambient noise strategy” substitute “ provisions of the London Environment Strategy dealing with ambient noise ”.
(5) Omit subsections (1) and (6) to (8).
SCHEDULE 24 Transfers and transfer schemes: tax provisions
Section 233
PART 1 Transfer under paragraph 63 of Schedule 16
1 (1) For the purposes of any enactment about income tax or corporation tax, the Office and the HCA are to be treated as the same person.
(2) In particular, the transfer effected by paragraph 63 of Schedule 16 is to be disregarded for those purposes.
(3) Accordingly, that transfer is not to be regarded for the purposes of Part 8 of the Corporation Tax Act 2009 (gains and losses from intangible fixed assets) as involving any realisation of an asset by the Office or acquisition of an asset by the HCA.
(4) In this paragraph—
“enactment” includes an enactment contained in an instrument made under an Act,
“the HCA” means the Homes and Communities Agency, and
“the Office” means the Office for Tenants and Social Landlords.
PART 2 Certain transfers under scheme under section 190 or 191
Interpretation of Part 2 of Schedule
2 In this Part of this Schedule—
“CTA 2009” means the Corporation Tax Act 2009,
“public body” means—
a person which is a public body for the purposes of section 66 of the Finance Act 2003 (stamp duty land tax: transfers involving public bodies), or
a person prescribed for the purposes of this Part of this Schedule by order made by the Treasury,
“relevant transfer” means—
a transfer, in accordance with a transfer scheme under section 190, to a taxable public body of property, rights or liabilities of the Homes and Communities Agency, or
a transfer, in accordance with a transfer scheme under section 191, to a taxable public body,
“taxable public body” means a public body which is within the charge to corporation tax,
“transferee”, in relation to a transfer in accordance with a transfer scheme under section 190 or 191, means the person to whom the transfer is made, and
“transferor”—
means the Homes and Communities Agency in relation to a transfer, in accordance with a transfer scheme under section 190, of property, rights or liabilities of that Agency, and
means the London Development Agency in relation to a transfer in accordance with a transfer scheme under section 191.
Computation of profits and losses in respect of transfer of a trade
3 (1) This paragraph applies where a taxable public body (“the predecessor”) is carrying on a trade or part of a trade and, as a result of a transfer scheme under section 190 or 191—
(a) the predecessor ceases to carry on that trade or part of a trade, and
(b) another taxable public body (“the successor”) begins to carry on that trade or part.
(2) For the purposes of calculating, in relation to the time when the scheme comes into force and subsequent times, the relevant trading profits or losses of the predecessor and the successor—
(a) the trade or part is to be treated as having been a separate trade at the time of its commencement and as having been carried on by the successor at all times since its commencement as a separate trade, and
(b) the trade carried on by the successor after the time when the scheme comes into force is to be treated as the same trade as that which the successor is treated, by virtue of paragraph (a), as having carried on as a separate trade before that time.
(3) If a trade or part of a trade is to be treated under this paragraph as a separate trade, such apportionments of receipts, expenses, assets and liabilities are to be made for the purposes of computing relevant trading profits or losses as may be just and reasonable.
(4) This paragraph is subject to the other provisions of this Part of this Schedule.
(5) In this paragraph “relevant trading profits or losses” means profits or losses under Part 3 of CTA 2009 in respect of the trade or part of a trade in question.
Transfers of trading stock
4 (1) This paragraph applies if—
(a) under a relevant transfer, trading stock of the transferor is transferred to the transferee,
(b) immediately after the transfer takes effect, the stock is to be treated as trading stock of the transferee, and
(c) paragraph 3 does not apply in relation to the transfer.
(2) Sub-paragraphs (3) and (4) have effect in calculating for any corporation tax purpose both—
(a) the profits of the trade in relation to which the stock is trading stock immediately before the transfer takes effect (“the transferor's trade”), and
(b) the profits of the trade in relation to which it is to be treated as trading stock (“the transferee's trade”).
(3) The stock is to be treated as having been—
(a) disposed of by the transferor in the course of the transferor's trade,
(b) acquired by the transferee in the course of the transferee's trade, and
(c) subject to that, disposed of and acquired when the transfer takes effect.
(4) The stock is to be valued as if the disposal and acquisition had been for a consideration which in relation to the transferor would have resulted in neither a profit nor a loss being brought into account in respect of the disposal in the accounting period of the transferor which ends with, or is current at, the time when the transfer takes effect.
(5) In this paragraph “trading stock” has the meaning given by section 163 of CTA 2009.
Continuity in relation to loan relationships
5 (1) For the purposes of the application of Part 5 of CTA 2009 (loan relationships) in relation to a relevant transfer of rights and liabilities under a loan relationship to which immediately before the transfer takes effect the transferor is a party for the purposes of a trade it carries on, the transferee and the transferor are to be treated as if at the time of the transfer they were members of the same group.
(2) For the purposes of the application of Part 5 of CTA 2009 in relation to a transfer that—
(a) is to a public body,
(b) is in accordance with a transfer scheme under section 190 or 191, and
(c) is of rights and liabilities under a loan relationship to which immediately before the transfer takes effect the HCA or LDA is a party otherwise than for the purposes of a trade it carries on,
the HCA or LDA, and the person to whom the transfer is made, are to be treated as if at the time of the transfer they were members of the same group.
(3) In this paragraph any reference to being members of the same group is to be read in accordance with section 170 of the Taxation of Chargeable Gains Act 1992.
(4) In this paragraph—
“the HCA” means the Homes and Communities Agency, and
“the LDA” means the London Development Agency.
Chargeable gains: disposal on transfer to be treated as no gain/no loss disposal
6 (1) For the purposes of the Taxation of Chargeable Gains Act 1992, a disposal constituted by a transfer within sub-paragraph (2) is to be treated in relation to the transferor and transferee as made for a consideration such that no gain or loss accrues to the transferor.
(2) A transfer is within this sub-paragraph if—
(a) it is a transfer in accordance with a transfer scheme under section 190 of property, rights or liabilities of the Homes and Communities Agency and the transferee is a public body, or
(b) it is in accordance with a transfer scheme under section 191 and the transferee is a public body.
(3) In section 288(3A) of the Taxation of Chargeable Gains Act 1992 (meaning of the “no gain/no loss provisions”) at the end insert—
(m) paragraph 6(1) of Schedule 24 to the Localism Act 2011.
Stamp duty
7 Stamp duty is not chargeable on a transfer scheme under section 191 if the transferee is a public body.
Modifications of transfer schemes
8 (1) This paragraph applies if—
(a) a company delivers a company tax return,
(b) subsequently an agreement is made modifying a transfer scheme under section 190 or 191, and
(c) as a result of that, the return is incorrect.
(2) The return may be amended under paragraph 15 of Schedule 18 to the Finance Act 1998 so as to remedy the error, ignoring any time limit which would otherwise prevent that happening.
(3) An amendment may not be made in reliance on sub-paragraph (2) more than 12 months after the end of the accounting period of the company during which the agreement is made.
(4) Sub-paragraphs (5) and (6) apply if the company does not amend the return so as to remedy the error before the end of that 12 month period.
(5) A discovery assessment or a discovery determination may be made in relation to the error, ignoring any time limit which would otherwise prevent that happening.
(6) Such an assessment or determination may not be made in reliance on sub-paragraph (5) more than 24 months after the end of the accounting period mentioned in sub-paragraph (3).
(7) Expressions used in this paragraph and in Schedule 18 to the Finance Act 1998 have in this paragraph the meaning they have in that Schedule.
PART 3 Transfers under scheme under section 17, 200(1) or (4) or 216(1)
9 (1) In this paragraph “transfer scheme” means a transfer scheme under section 17, 200(1) or (4) or 216(1).
(2) 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 a transfer scheme.
(3) The provision that may be made under sub-paragraph (2)(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) an appropriate authority to be required or permitted 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.
(4) The provision that may be made under sub-paragraph (2)(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 to be treated in a specified way;
(c) an appropriate authority to be required or permitted 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, in relation to, or in consequence of, the transfer.
(5) In this paragraph—
“appropriate authority” means—
the Treasury,
any other Minister of the Crown with the consent of the Treasury, or
the Mayor of London with the consent of the Treasury,
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975,
“relevant tax” means corporation tax, income tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax, and
“tax provision” means a provision of an enactment about a relevant tax.
(6) In sub-paragraph (5) “enactment” includes an enactment contained in an instrument made under an Act.
Section 237
PART 1 General power of competence
Reference | Extent of repeal
Local Government Act 2000 (c. 22) | Section 2(3) and (3A).
Section 3(7).
Section 4A(2) and (3).
Local Government and Public Involvement in Health Act 2007 (c. 28) | Section 78(2).
Section 115(2).
Local Government (Wales) Measure 2009 (nawm 2) | In Schedule 2, paragraph 2(a).
PART 2 Fire and rescue authorities
Reference | Extent of repeal
Fire and Rescue Services Act 2004 (c. 21) | Section 5.
Section 19.
Section 62(3).
PART 3 Other authorities
Reference | Extent of repeal
Transport Act 1968 (c. 73) | In section 10(1)(xxviii), the words “so far as not required for the purposes of their business”.
Local Government Act 2003 (c. 26) | In section 93(7)(b), the “and” at the end.
PART 4 Local authority governance
Reference | Extent of repeal or revocation
Local Government Act 1972 (c. 70) | In section 2(2A) the words “or a mayor and council manager executive”.
In section 245(1A) and (4A)(a) the words “or a mayor and council manager executive”.
Local Government Act 2000 (c. 22) | In section 11— subsections (2A) and (9A), in subsection (9) the words “in relation to Wales”, and in subsection (10) the words “(2A)(a) or”.
In section 13(9)(b) the words from “or section 236” to “England)”.
Section 14(7).
In section 18— subsections (4) and (5), and in subsection (6) the words “in Wales”.
In section 19(1) the words “(within the meaning of this Part)” in the first place they appear.
In section 21— in subsection (2)(f) the words “section 244 of the National Health Service Act 2006 or”, in subsection (2ZA) the words “in Wales”, subsection (2A)(a) and (b), in subsection (4) the words from “or any functions” to the end, in subsection (10) the words “, unless permitted to do so under paragraph 12 of that Schedule”, in subsection (10A) the words “in Wales”, in subsection (13)(aa) the words from “by virtue of” to “England) or”, in subsection (13)(c) the words from the beginning to “in Wales”, in subsection (16), paragraph (a) and the word “and” immediately following that paragraph, and in subsection (16)(b) the words “in Wales”.
Section 21ZA.
In section 21A— in subsection (3) the words from “(in the case of a local authority in England” to “Wales)”, in subsection (6)(a) the words from “section 236” to “2007 or”, subsections (10) and (11), and in subsection (12) the words “in Wales”.
Section 21C.
In section 21D— in subsection (1)(b), sub-paragraph (ii) and the word “or” immediately preceding that sub-paragraph, in subsection (2) the words “or providing a copy of the document to a relevant partner authority”, in subsection (6) in the definition of “exempt information” the words “section 246 of the National Health Service Act 2006 or”, and in that subsection the definition of “relevant partner authority” and the word “and” immediately preceding that definition.
Section 21E.
In section 21F (as inserted by the Local Government (Wales) Measure 2011 (nawm 4)), in subsection (1) the words “in Wales”.
Section 21F (as inserted by the Flood and Water Management Act 2010).
In section 22(12A)(a) the words from “, or under” to “section 21B,”.
Section 22A.
Section 31.
Section 32.
In section 33ZA the words “in Wales,”.
Section 33A.
Section 33B.
Section 33C.
Section 33D.
Section 33E.
Section 33F.
Section 33G.
Section 33H.
Section 33I.
Section 33J (and the italic heading immediately preceding it).
Section 33K.
Section 33L.
Section 33M.
Section 33N.
Section 33O (and the italic heading immediately preceding it).
In section 34(3) the words “or of any of sections 33A to 33O”.
In section 35(3) the words “or of any of sections 33A to 33O”.
In section 36(3) the words “or of any of sections 33A to 33O”.
In section 39— subsection (2), in subsection (3) the words “in Wales”, and subsection (6).
Section 44A (and the italic heading immediately preceding it).
Section 44B.
Section 44C.
Section 44D.
Section 44E.
Section 44F.
Section 44G.
Section 44H.
In section 45(9) the words “or 33K”.
In section 47— in subsection (4) the words “(including changes of the kinds set out in sections 33A to 33D)”, and subsection (6)(b).
In section 48— in subsection (1) the definition of “ordinary day of election”, subsection (1A), in subsection (2), paragraph (b) and the word “and” immediately preceding that paragraph, and in subsection (3), paragraph (b) and the word “and” immediately preceding that paragraph.
Section 106(1)(a).
In Schedule 1— paragraphs 1A, 7 and 12 to 14 (and the italic headings immediately preceding paragraphs 1A and 12), in paragraph 8— in sub-paragraph (1) the words “Welsh” and “in Wales”, and in sub-paragraphs (2), (3) and (7) the word “Welsh”, and in paragraph 10 the word “7,”.
Local Government Act 2003 (c. 26) | Section 115.
In Schedule 7, paragraph 80 (and the italic heading immediately preceding it).
National Health Service Act 2006 (c. 41) | Section 245(3)(b)(ia) and (ib).
Section 247(3)(b) to (d).
Police and Justice Act 2006 (c. 48) | In section 19(9) the words “(within the meaning of Part 2 of the Local Government Act 2000 (c. 22))”.
Local Government and Public Involvement in Health Act 2007 (c. 28) | Section 33(4), (6) and (7).
Section 34(5) and (6).
Section 38(4), (6) and (7).
Section 40(4), (6) and (7).
Section 62(4), (8)(c) and (9).
Section 63(8).
Section 64.
Section 65(4) to (6).
Section 67.
Section 69(3).
Section 70(3) and (4).
Section 121(1).
Section 124.
In section 127— subsection (1)(c)(ii) (and the word “and” immediately following it), subsection (2), and subsection (3)(b) (and the word “and” immediately preceding it).
Section 236(9).
In Schedule 3, paragraph 28.
Local Democracy, Economic Development and Construction Act 2009 (c. 20) | Section 31.
Flood and Water Management Act 2010 (c. 29) | In Schedule 2, paragraph 54 (and the italic heading immediately preceding it).
Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) | In paragraph 47(2) of Schedule 2, the word “7(1),”.
Local Government (Wales) Measure 2011 (nawm 4) | Section 36(1)(b) and (c).
PART 5 Standards
Reference | Extent of repeal or revocation
Parliamentary Commissioner Act 1967 (c. 13) | In Schedule 2, the entry for the Standards Board for England.
Local Government Act 1972 (c. 70) | In section 85(3A), the words “66A,” and “, 78A”.
In section 86(1)(b), the words “66A, 78A or”.
In section 87(1)(ee), the words “66A, 78A or”.
House of Commons Disqualification Act 1975 (c. 24) | In Schedule 1, in Part 2, the entry for the Standards Board for England.
Northern Ireland Assembly Disqualification Act 1975 (c. 25) | In Schedule 1, in Part 2, the entry for the Standards Board for England.
Local Government and Housing Act 1989 (c. 42) | In section 3A— in subsection (1), the words “which is a relevant authority” and, in paragraphs (a) and (b), the word “relevant”, in subsection (2)(a), the word “relevant”, in subsection (3)(b), the word “relevant”, in subsection (4)(b)(i), the word relevant, subsection (5), in subsection (6), the words “which is a relevant authority” and, in paragraph (a), the word “its”, in subsection (7), the word “its”, and subsections (8) to (10).
Audit Commission Act 1998 (c. 18) | In section 49(1)(de), the words “an ethical standards officer or”.
Data Protection Act 1998 (c. 29) | In section 31— in subsection (7), paragraph (b) (but not the word “or” at the end of that paragraph), and in subsection (8)(b), the words “, or to an ethical standards officer,”.
Greater London Authority Act 1999 (c. 29) | In section 6(5), the words “66A,” and “, 78A”.
In section 13(2), the words “66A,” and “, 78A”.
Local Government Act 2000 (c. 22) | In section 49— subsection (1), in subsection (2) the words “in Wales (other than police authorities)”, subsections (2C), (3) and (4), in subsection (5)(a) the words “in Wales”, and in subsection (6), paragraphs (c) to (e), (g) to (k) and (m) to (o) (but not the word “or” at the end of paragraph (o)).
In section 50— subsection (1), in subsection (2) the words “in Wales other than police authorities”, in subsection (3) the words “(1) or”, in subsection (4)(a) the words “49(1) or” and the words “(as the case may be)”, subsections (4C) and (4D), in subsection (5) the words “the Secretary of State or”, and subsections (6) and (7).
In section 51— in subsection (4C) the words from “by a” to “police authority”, and in subsection (6)(c), sub-paragraph (i) and in sub-paragraph (ii) the words from “in the case” to “in Wales,”.
In section 53— in subsection (2) the words “parish council or”, subsections (3) to (10), in subsection (11), in paragraph (a) the words “in Wales other than police authorities” and in paragraph (k) the words “in Wales (other than police authorities)”, and in subsection (12) the words “(6)(c) to (f) or”.
In section 54— subsection (4), in subsection (5) the words “in Wales (other than police authorities)”, subsection (6), and in subsection (7) the words “in Wales (other than police authorities)”.
In section 54A— in subsection (3) the words “but this is subject to section 55(7)(b)”, subsection (4), in subsection (5) the words “in Wales other than a police authority”, and in subsection (6) the words “section 55(5) and to”.
Section 55.
Sections 56A to 67.
In section 68(2), in each of paragraphs (a) and (b), the words “in Wales (other than police authorities)”.
In section 69— in subsection (1), the words “in Wales” in both places, and in subsection (5), the words “in Wales”.
In section 70(5), the words “in Wales”.
In section 71(4), the words “in Wales”.
In section 72(6), the words “in Wales”.
Section 73(6).
In section 77(7), the words from “, or with” to “First-tier Tribunal,”.
In section 78— in the heading, the words “the First-tier Tribunal or”, in subsection (1), the words “the First-tier Tribunal or” and, in paragraph (a), the words “65(3) or”, subsection (4), in subsection (6), the words “78A or”, in subsection (8A), paragraph (a) and, in paragraph (b), the words “where the relevant authority concerned is in Wales,”, in subsection (9), the words “The First-tier Tribunal or (as the case may be)” and the words “59 or”, and subsections (9A) to (9D).
Sections 78A and 78B.
In section 79(13), the words “in Wales”.
In section 80— in the heading, the words “First-tier Tribunal or”, in subsection (1), the words “the First-tier Tribunal or”, and subsection (6).
In section 81— in subsection (7), paragraph (b) and, in paragraph (c), the words “if it is a relevant authority in Wales,”, and subsection (8).
In section 82— subsection (1), in subsection (2), the words “in Wales (other than police authorities)”, in subsection (3), the words “(1) or”, subsections (4) and (5), in subsection (6)(a), the words “in Wales”, and in subsection (9), paragraph (a), the word “and” immediately preceding paragraph (b) and, in that paragraph, the words “in relation to Wales,”.
In section 82A(4), the words “57A, 60(2) or (3), 64(2) or (4),”.
In section 83— in subsection (1), the definitions of “the Audit Commission”, “ethical standards officer” and “police authority” and, in the definition of “model code of conduct”, the words “(1) and”, and subsections (4), (12), (15) and (16).
In section 105(6), the words “, 49, 63(1)(j)”.
Schedule 4.
Freedom of Information Act 2000 (c. 36) | In Schedule 1, in Part 6, the entry for the Standards Board for England.
Local Government Act 2003 (c. 26) | Section 112.
Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326) | Article 20.
Public Audit (Wales) Act 2004 (c. 23) | In Schedule 2— paragraph 53(2), paragraph 54, and paragraph 55(2).
Public Services Ombudsman (Wales) Act 2005 (c. 10) | In Schedule 4— paragraph 2(a), paragraphs 5 to 8, paragraph 21, paragraph 22(a), and in paragraph 23, the words “(5)(b) and”.
Local Government and Public Involvement in Health Act 2007 (c. 28) | In section 183— in subsection (1), the subsections (2A) and (2B) to be inserted into section 49 of the Local Government Act 2000 and the subsection (2C) inserted into that section, in subsection (2), the subsections (4A) and (4B) to be inserted into section 50 of the Local Government Act 2000 and the subsections (4C) and (4D) inserted into that section, in subsection (3), the subsections (4A) and (4B) to be inserted into section 51 of the Local Government Act 2000, and in subsection (7)(b), the words “in Wales other than a police authority”.
Sections 185 to 187.
In section 188— in subsection (1), paragraphs (b) and (c), and subsection (2).
Sections 189 to 193.
In section 194, subsections (1) to (7).
Sections 195 and 196.
Section 198.
Section 201(4)(b) and (c).
In Schedule 12, paragraph 17.
Local Democracy, Economic Development and Construction Act 2009 (c. 20) | In Schedule 6, paragraph 93.
Transfer of Tribunal Functions Order 2010 (S.I. 2010/22) | In Schedule 2— paragraphs 51 to 55, paragraph 59(b), paragraph 60(a) and (c) to (f), paragraphs 61 and 62, paragraph 63(a) and (c), and paragraph 65.
Localism Act 2011 (c. 20) | In section 27(6), paragraphs (f) and (k).
PART 6 Duty to promote democracy
Reference | Extent of repeal
Local Democracy, Economic Development and Construction Act 2009 (c. 20) | Chapter 1 of Part 1.
Section 148(1)(a).
PART 7 Petitions
Reference | Extent of repeal
Local Democracy, Economic Development and Construction Act 2009 (c. 20) | Chapter 2 of Part 1.
Section 148(1)(a).
PART 8 Waste reduction schemes
Reference | Extent of repeal
Climate Change Act 2008 (c. 27) | Sections 71 to 75.
In section 98, the entry for “the waste reduction provisions”.
Schedule 5.
PART 9 Business rate supplements
Reference | Extent of repeal
Business Rate Supplements Act 2009 (c. 7) | Section 7(1), (2) and (5).
In section 10— in subsection (2)(c) the words from the beginning to “subsection (7),”, and subsections (7) to (9).
PART 10 Non-domestic rates: discretionary relief
Reference | Extent of repeal
Local Government Finance Act 1988 (c. 41) | In section 47— subsection (2), in subsection (3), the word “second”, and subsections (3A) to (3D).
In section 48(1), the words from “(but” to the end.
Local Government and Rating Act 1997 (c. 29) | In Schedule 1, paragraphs 3 and 4.
Rating (Former Agricultural Premises and Rural Shops) Act 2001 (c. 14) | Section 2.
Local Government Act 2003 (c. 26) | Section 61(6) and (7).
Section 63(3).
Section 64(3).
Corporation Tax Act 2010 (c. 4) | In Schedule 1, paragraph 208.
PART 11 Small business rate relief
Reference | Extent of repeal
Local Government Finance Act 1988 (c. 41) | In section 43— subsection (4B)(a)(i) and (iii), and subsection (4C).
PART 12 Council tax referendums
Reference | Extent of repeal or revocation
Local Government Finance Act 1992 (c. 14) | Section 52F(6).
In section 52J— in subsection (1), paragraph (a) and the word “or” at the end of that paragraph and, in paragraph (b), the words “(in any other case)”, subsection (3), subsection (6), and subsections (8) to (10).
In section 52K— in subsection (1), paragraph (a) and the word “or” at the end of that paragraph and, in paragraph (b), the words “(in any other case)”, and in subsection (4)(b) the words “52I or”.
Section 52Q(5).
In section 52U— in subsection (2), paragraph (a) and the word “or” at the end of that paragraph and, in paragraph (b), the words “(in any other case)”, subsection (3), in subsection (4), the words “is not the Greater London Authority and it”, in subsection (5), the words “(3) or”, subsection (6), subsection (9), and subsections (11) to (13).
In section 52V(5)(b), the words “52T or”.
In section 52W— in subsection (1), the words “other than the Greater London Authority”, and subsection (2).
Section 52Z.
In section 113(3)(a), the words “52F(4), 52H(2), 52Q(2), 52S(2), 52X(6),”.
Local Government Act 1999 (c. 27) | In Schedule 1, paragraph 9(b).
Greater London Authority Act 1999 (c. 29) | Section 136(2).
Schedule 9.
Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388) | In Schedule 1, paragraphs 41 to 44.
PART 13 Council tax
Reference | Extent of repeal or revocation
Local Government Finance Act 1992 (c. 14) | In section 32— in subsection (2), the paragraph (a) inserted in relation to authorities in England by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), and paragraph (e) and the word “and” immediately preceding it, in subsection (3), the words “general fund (or as the case may be)”, the words from “BID levy” to “2003,”, the words “or (in the case of the Common Council only) police grant” and paragraph (b) (but not the “and” at the end of that paragraph), in subsection (3A), the words “In the case of any billing authority in Wales,”, in subsection (7)(a), in sub-paragraph (i), the words “general fund or (as the case may be)”, and sub-paragraph (ii) and the word “and” at the end of that sub-paragraph, subsections (8) to (8B), in subsection (12), the definition of “police grant” and the word “and” at the end of that definition, and subsection (13).
In section 33— in subsection (1), in the definition of item P, the words “general fund or (as the case may be)” and the words “or (in the case of the Common Council only) police grant”, subsections (3) and (3A), in subsection (3B), the words “In the case of a Welsh county council or county borough council,”, and in subsection (4), the words “or subsection (3) above”.
In section 43— in subsection (2)(a), the words from “, other than” to “1988 Act”, in subsection (3)(a), sub-paragraph (iii) and the word “or” immediately preceding that sub-paragraph (but not the word “and” at the end of that sub-paragraph), and subsection (5).
In section 44— subsection (3), and in subsection (4), the words “or subsection (3) above”.
In section 49— in subsection (3A), the words “P1 or” and the words “item P2 or”, and subsections (4A) to (4C).
Section 69(2A).
Local Government (Wales) Act 1994 (c. 19) | In Schedule 12— paragraph 4(5), and paragraph 5(3).
The Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1994 (S.I. 1994/246) | Regulation 3(1).
Regulation 4(2).
The Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1995 (S.I. 1995/234) | Regulation 4(2).
Greater London Authority Act 1999 (c. 29) | Section 85(9).
Section 86(6).
Section 88(3) to (5).
Section 89(5) and (6).
Section 94(5).
In section 95— in subsection (8), the words “P1 or” and the words “item P2 or”, and subsections (9) to (11).
In section 99, the definitions of “police grant” and “relevant special grant”.
Section 102(2)(c).
The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 1999 (S.I. 1999/296) | Regulation 3.
The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2000 (S.I. 2000/717 (W.24)) | Regulation 3.
Local Government Act 2003 (c. 26) | In Schedule 7, paragraphs 51(3) and 70.
The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190) | In regulation 2— paragraph (a), paragraph (b)(i), and paragraph (d).
PART 14 Council tax revaluations in Wales
Reference | Extent of repeal
Local Government Act 2003 | In Schedule 7, paragraph 52(3).
PART 15 Regional strategies (commencement on passing)
Reference | Extent of repeal
Town and Country Planning Act 1990 (c. 8) | In Schedule 1— paragraph 7(2)(a), (3), (5)(a), (9) and (11), and in paragraph 7(10), paragraph (b) and the “or” immediately preceding it.
Local Democracy, Economic Development and Construction Act 2009 (c. 20) | Sections 70(1) to (4) and (6) to (8) and 71 to 81.
Section 82(3).
Section 84.
Section 85(2) to (6).
Sections 86 and 87.
In section 147(1)(b), the words “85(2) to (6),”.
PART 17 Local development schemes and documents
Reference | Extent of repeal
Planning and Compulsory Purchase Act 2004 (c. 5) | Section 15(3).
Section 22(2).
Section 35(1).
Greater London Authority Act 2007 | Section 30(2) and (3).
PART 18 Neighbourhood planning
Reference | Extent of repeal
Town and Country Planning Act 1990 (c. 8) | Section 69(1)(b).
In section 264(5)(b), the words “or a local development order”.
Planning and Compulsory Purchase Act 2004 | In section 38(2), the word “and” at the end of paragraph (a).
Section 40(2)(b) to (k).
PART 19 Unauthorised advertisements and defacement of premises
Reference | Extent of repeal or revocation
London Local Authorities Act 1995 (c. x) | Sections 11 to 13.
Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615) | In Schedule 1, paragraph 36.
London Local Authorities Act 2004 (c. i) | Sections 12 to 14.
London Local Authorities Act 2007 (c. ii) | Section 7.
Section 18.
Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) | In Schedule 1, paragraph 157.
Postal Services Act 2011 (c. 5) | In Schedule 12, paragraph 171.
PART 20 Abolition of Infrastructure Planning Commission
Reference | Extent of repeal
Parliamentary Commissioner Act 1967 (c. 13) | In Schedule 2, the entry for the Infrastructure Planning Commission.
House of Commons Disqualification Act 1975 (c. 24) | In Schedule 1, in Part 2, the entry for the Infrastructure Planning Commission.
Northern Ireland Assembly Disqualification Act 1975 (c. 25) | In Schedule 1, in Part 2, the entry for the Infrastructure Planning Commission.
Town and Country Planning Act 1990 (c. 8) | In section 106A(11)— in paragraph (aa), the words after “any development consent obligation”, and paragraph (ab).
In section 106B(1), the words “or the Infrastructure Planning Commission”.
In section 106C, the words “or the Infrastructure Planning Commission” (in both places).
Freedom of Information Act 2000 (c. 36) | In Schedule 1, in Part 6, the entry for the Infrastructure Planning Commission.
Planning Act 2008 (c. 29) | Sections 1 to 3.
In section 5(9), paragraph (b) and the “and” preceding that paragraph.
Section 12.
Section 38.
In section 50(2), the words “the Commission or”.
Section 53(2)(b) and (c).
Section 63.
Section 65(3) to (5).
Section 66(1).
Section 67.
Section 68(5).
Section 69(4).
Section 70.
Section 74(1) and (4).
Section 80(1).
Section 81.
Section 83(2) and (4).
Sections 84 and 85 (including the italic heading immediately preceding section 84).
Section 87(2)(b).
In section 103(1), the words after “consent”.
Section 103(2).
Section 107(2) and (4).
Sections 109 to 113.
Section 115(6).
Section 116(4).
Section 117(2), (5) and (7).
In section 118(7), the words “or the Commission”.
Section 121.
Section 124.
In section 127(7), paragraph (b) and the “and” preceding that paragraph.
In section 131(10), paragraph (b) and the “and” preceding that paragraph.
In section 132(10), paragraph (b) and the “and” preceding that paragraph.
Section 136(6).
Section 147(3).
In section 235(1), the definitions of “the Commission”, “Commissioner”, “the Council” and “decision-maker”.
Schedule 1.
Schedule 3.
In Schedule 4— paragraph 1(9), and in paragraph 4, the definition of “the appropriate authority”.
In Schedule 6— paragraphs 1(4), 2(10), 3(6) and 4(8), and “, (6)” in paragraph 6(1)(b).
In Schedule 12, the “and” at the end of paragraph 6(b).
PART 21 Nationally significant infrastructure projects
Reference | Extent of repeal
Planning Act 2008 (c. 29) | In section 35— subsection (1)(a), and in subsection (1)(b) the word “the”.
Section 55(3)(b) and (d).
In section 88(3) the word “and” at the end of paragraph (a).
Section 102(3) and (5) to (7).
In section 134— in subsection (3)(a) the words “and a copy of the order”, and subsection (8).
In Schedule 12, the word “and” at the end of paragraph 4(a).
PART 23 Housing tenure
Reference | Extent of repeal
Housing Act 1988 (c. 50) | In section 17(1), paragraph (c) and the “and” immediately preceding that paragraph.
In Part 1 of Schedule 2, in Ground 7, in the second unnumbered paragraph, the word “periodic”.
Housing and Regeneration Act 2008 (c. 17) | In section 180(2)(a), the words “an assured shorthold tenancy or”.
PART 25 Mutual exchange
Reference | Extent of repeal
Housing and Regeneration Act 2008 (c. 17) | In section 197(2), the word “or” at the end of paragraph (b).
PART 26 Office for Tenants and Social Landlords
Reference | Extent of repeal
Public Records Act 1958 (c. 51) | In Schedule 1, in Part 2 of the Table at the end of paragraph 3, the entry for the Office for Tenants and Social Landlords.
Parliamentary Commissioner Act 1967 (c. 13) | In Schedule 2, the entry for the Office for Tenants and Social Landlords.
House of Commons Disqualification Act 1975 (c. 24) | In Schedule 1, in Part 2, the entry for the Office for Tenants and Social Landlords.
Freedom of Information Act 2000 (c. 36) | In Schedule 1, in Part 6, the entry for the Office for Tenants and Social Landlords.
Housing and Regeneration Act 2008 (c. 17) | In section 31— subsections (9) and (10), in subsection (11), the words “or low cost home ownership accommodation” and the words “or (as the case may be) low cost home ownership accommodation”, and in subsection (12), the definition of “low cost home ownership accommodation”.
Section 32(11).
In section 34(2)— paragraph (a), and the word “and” at the end of it, and in paragraph (b), the word “other”.
Section 37.
Section 78.
Sections 81 to 92.
Section 99.
Sections 101 to 106.
Section 112(4)(a).
Section 145(4).
In section 146— in subsection (4), paragraph (c) and the word “and” at the end of paragraph (b), and subsection (8).
In section 147(4), paragraph (c) and the word “and” at the end of paragraph (b).
Section 174(5)(a).
Section 196(1)(f) (but not the word “and” at the end of that paragraph).
Section 197(4)(b).
Section 216(e).
In section 222, paragraph (a) and the word “and” at the end of that paragraph.
In section 230(2), paragraph (a) and the word “and” at the end of that paragraph.
Section 232.
In section 242(3), paragraph (a) and the word “and” at the end of that paragraph.
In section 248— subsection (4)(a), subsection (7)(c), and in subsection (8), paragraph (a) and the word “and” at the end of that paragraph.
In section 250— subsection (4)(a), subsection (7)(c), and in subsection (8), paragraph (a) and the word “and” at the end of that paragraph.
In section 252— in subsection (4), paragraph (a) and the word “and” at the end of that paragraph, and subsection (7).
In section 276, in the Table, the entry for “Appointed member”.
In Schedule 9— paragraph 1, paragraph 2(2), paragraph 3(2), and paragraph 28(2).
Equality Act 2010 (c. 15) | In Schedule 19, the entry for the Office for Tenants and Social Landlords.
PART 27 Regulation of social housing
Reference | Extent of repeal
Housing and Regeneration Act 2008 (c. 17) | Section 193(2)(c).
In section 194(1), the words “the management of”.
Section 198(1).
Section 201(3), (6) and (8).
In section 202— in subsection (6), paragraph (c) (but not the word “and” at the end of that paragraph), and in subsection (7), paragraph (c) and word “and” immediately preceding that paragraph.
Section 204.
Section 205.
Section 216(d).
Section 218(2)(b) and (c)
PART 29 Home information packs
Reference | Extent of repeal
Terrorism Act 2000 (c. 11) | In Schedule 3A, in paragraph 2(1), paragraph (f) and the word “or” immediately preceding it.
Proceeds of Crime Act 2002 (c. 29) | In Schedule 9, in paragraph 2(1), paragraph (f) and the word “or” immediately preceding it.
Housing Act 2004 (c. 34) | Part 5.
Section 250(3).
In section 262(6), the words “does not apply for the purposes of Part 5 and”.
In section 270— in subsection (2)(a), the words “161 to 164, 176,”, subsection (6), and in subsection (8) the word “, (6)”.
Schedule 8.
Consumers, Estate Agents and Redress Act 2007 (c. 17) | In Schedule 7, paragraph 23.
Housing and Regeneration Act 2008 (c. 17) | In section 290(2)(e), the words “made by virtue of Part 5 of the Housing Act 2004 (c. 34) (home information packs) or”.
PART 30 Tenants' deposits
Reference | Extent of repeal
Housing Act 2004 (c. 34) | In section 214(4), the word “also”.
PART 31 London (housing and regeneration)
Reference | Extent of repeal
Housing Act 1985 (c. 68) | In Schedule 5 to the Housing Act 1985, in paragraph 3, in the entry in the list for section 19 of the Housing and Regeneration Act 2008, the words from “(and” to “Act)”.
Housing Act 1996 (c. 52) | In section 51(3)(a)— in the entry in the list for section 19 of the Housing and Regeneration Act 2008 the words from “(and” to “Act)”, and the word “; or” immediately after the entry in that list for section 50 of the Housing Act 1988 etc.
Greater London Authority Act 1999 (c. 29) | Section 31(3)(a) and (4).
Housing and Regeneration Act 2008 (c. 17) | In section 13(6), the words from “, a London” to the end of the subsection.
In section 14(7), in paragraph (a) of the definition of “relevant functions”, the words from “, a London” to “of London,”.
In section 148(1), in each of paragraphs (a) and (b), the words “may not”.
In Schedule 8— paragraph 62(b), paragraph 73(2) and (3), and paragraph 74(a).
PART 32 London Development Agency etc
Reference | Extent of repeal or revocation
Parliamentary Commissioner Act 1967 (c. 13) | In Schedule 2, in the entry relating to regional development agencies, the words “(other than the London Development Agency)”.
Superannuation Act 1972 (c. 11) | In Schedule 1— in the entry for a development agency established under section 1 of the Regional Development Agencies Act 1998, the words “(other than the London Development Agency (for which there is a separate entry))”, and the entry for the London Development Agency.
Local Government Act 1974 (c. 7) | Section 25(1)(bbb).
Local Government Finance Act 1988 (c. 41) | Section 114(3B).
In section 115— subsection (3A), and in subsection (4A), the words “the London Development Agency or”.
Local Government (Overseas Assistance) Act 1993 (c. 25) | Section 1(6A).
Audit Commission Act 1998 (c. 18) | Section 11(7A)(b).
In section 11(8A), the words “the London Development Agency or”.
Crime and Disorder Act 1998 (c. 37) | In section 17(2), the entry for the London Development Agency.
Regional Development Agencies Act 1998 (c. 45) | Section 2(6) to (11).
Section 5(4).
Section 6(7).
Section 6A.
Section 7(3).
Sections 7A and 7B.
Section 9(5).
In section 10(1) the words “other than the London Development Agency”.
Section 10(2) and (3).
Section 11(8).
Section 12(5).
Section 13(6).
Section 14(7).
Section 15(4) and (5).
In section 16 the words “other than the London Development Agency”.
Section 17(4) to (7).
Section 18(5).
Section 20(3A).
Section 25(7A).
Section 26(2A) and (3A).
Section 26A.
Section 27(1A).
Section 30A.
In section 41, the definition of “the London Development Agency”.
In Schedule 1, the entry for the London region.
In Schedule 2— paragraphs 1(4) and (5), 2(2) and (3), 3A and 4(5), and in paragraph 5(1) the words from “other than the London Development Agency” to the end.
Schedule 6A.
Local Government Act 1999 (c. 27) | Section 1(1)(j).
Greater London Authority Act 1999 (c. 29) | Section 31(2).
In section 38— subsections (2)(d) and (7)(b), and in subsection (8), paragraph (c) and the “or” preceding it.
In section 46(2)(a) the words “or under section 7A(2) of the Regional Development Agencies Act 1998”.
In section 58(4) the words “or the London Development Agency”.
In section 60A(3), the entry for chairman, or deputy chairman, of the London Development Agency.
In section 68— subsection (2)(c), in subsection (3) the words “or the London Development Agency”, in subsection (6), paragraph (b) and the “and” preceding it, in subsection (6) the words “or, as the case may be, the London Development Agency”, and subsection (7).
In section 73(6), in the substituted subsection (2), in the definition of “ GLA body or person ” paragraph (c), in paragraph (g), the words “or the London Development Agency,” and the words “(or in the case of the London Development Agency section 380)”, and in paragraph (m), the words “or the London Development Agency,” and the words “(or, in the case of a member or member of staff of the London Development Agency, section 380)”.
Sections 304 to 309.
Section 361B(6)(d)(iii).
In section 380— subsections (2)(d) and (9)(b), and in subsection (10), paragraph (c) and the “or” preceding it.
Section 389(1)(c), (5)(c) and (6).
Section 394(2) and (6).
Section 400(2).
Section 408(5).
Section 409(4).
In section 424(1), paragraph (b) of the definition of “functional body”.
In Schedule 25, paragraphs 2 to 5, 6(3) and 7 to 21.
Freedom of Information Act 2000 (c. 36) | In Schedule 1— paragraph 35, and in Part 6, in the entry for regional development agencies, the words “, other than the London Development Agency”.
Greater London Authority (Miscellaneous Amendments) Order 2000 (S.I. 2000/1435) | In the Schedule, paragraph 5(2).
Local Government Act 2003 (c. 26) | In section 95(7), in paragraph (a) of the definition of “relevant authority”, the words “or the London Development Agency”.
London Development Agency Act 2003 (c. i) | The whole Act.
London Olympic Games and Paralympic Games Act 2006 (c. 12) | Section 8(3)(b), but not the “and” at the end.
Section 34(5).
Greater London Authority Act 2007 (c. 24) | Section 20.
Crossrail Act 2008 (c. 18) | In section 36, the words “, the London Development Agency”.
In Schedule 12, in the heading of Part 2 and in paragraph 2(1)(a) and (b), the words “, the London Development Agency”.
Local Democracy, Economic Development and Construction Act 2009 (c. 20) | Section 35(2)(q).
In Schedule 5, paragraph 6.
Equality Act 2010 (c. 15) | In Part 1 of Schedule 19— the entry for the London Development Agency, and in the entry for other regional development agencies, the words “(other than the London Development Agency)”.
PART 33 Greater London Authority governance
Reference | Extent of repeal
Greater London Authority Act 1999 (c. 29) | Section 41(1)(d) to (g), (10) and (11).
Section 42(5).
Section 42A.
Section 335(1) to (1B).
Section 351.
Section 352(1), (3), (4)(b) (with the preceding “and”), (5) and (6).
Section 353(1), (4)(b) (with the preceding “and”) and (5) to (7).
Section 354(2)(a).
In section 355(7), in the words after paragraph (c), the words “of the strategy”.
Section 360(5).
In section 361B, subsections (1), (7) and (9) to (11) and, in subsection (12), the definition of “prescribed”.
Section 361C.
Section 361D(1) and (3) to (5).
Section 361E.
Section 362(1) and (5) to (7).
Section 363(2)(a).
Section 370(1) and (6) to (8).
PART 34 Compensation for compulsory acquisition
Reference | Extent of repeal or revocation
Land Compensation Act 1961 (c. 33) | In section 20— in the opening words, the words “and appeals under section eighteen of this Act” and the word “respectively”, and paragraphs (b) and (d).
Section 21.
Local Government, Planning and Land Act 1980 (c. 65) | Section 121(1).
In section 121(2)— the words “Section 17 of the Land Compensation Act 1961 and”, and the word “each”.
In Schedule 24, Part 1.
In Schedule 33— in paragraph 5(1), the words “2(2), 15(5) and”, and paragraph 5(2) and(3).
Norfolk and Suffolk Broads Act 1988 (c. 4) | In Schedule 3, paragraph 3.
Planning and Compensation Act 1991 (c. 34) | Sections 64 and 65.
In Schedule 6, paragraph 1(1)(a).
In Schedule 15— in paragraph 15(1), the words “section 14(1) of” and the words after “1961”, and paragraphs 15(2) and 16(a).
Tribunals and Inquiries Act 1992 (c. 53) | In Schedule 3, paragraph 1.
Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307) | In Schedule 1, paragraph 42.