40 The general power of the Authority: duty to have regard
(1) Section 30 of the GLA Act 1999 (the general power of the Authority) is amended as follows.
(2) In subsection (4) (exercise of powers: duty to have regard to effect on certain matters) after paragraph (b) insert—
(c) climate change, and the consequences of climate change.
.
(3) In subsection (5) (duty to exercise powers in ways best calculated to achieve certain objectives)—
(a) at the end of paragraph (b) insert
, and
(c) to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,
;
(b) in the closing words (exception where action needed by virtue of paragraph (a) or (b) is not reasonably practicable) for “or (b)” substitute “ , (b) or (c) ”.
(4) After subsection (10) insert—
(11) In this section—
(a) “climate change” has the same meaning as in section 361A below, and
(b) in relation to climate change, “adaptation”, “consequences” and “mitigation” have the same meaning as in that section.
.
41 General duties of the Mayor with respect to his strategies
(1) Section 41 of the GLA Act 1999 (general duties of the Mayor with respect to his strategies) is amended as follows.
(2) In subsection (4) (duty to have regard to certain matters in preparing strategies) for the word “and” at the end of paragraph (b)(ii) substitute—
(iii) climate change, and the consequences of climate change; and
.
(3) In subsection (7) (duty to include policies and proposals best calculated to achieve certain objectives)—
(a) at the end of paragraph (b) insert
, and
(c) to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,
;
(b) in the closing words (exception where action needed by virtue of paragraph (a) or (b) is not reasonably practicable) for “or (b)” substitute “ , (b) or (c) ”.
(4) After subsection (11) insert—
(12) In this section—
(a) “climate change” has the same meaning as in section 361A below, and
(b) in relation to climate change, “adaptation”, “consequences” and “mitigation” have the same meaning as in that section.
.
42 Duty of Mayor and Assembly to address climate change
In Part 9 of the GLA Act 1999 (environmental functions) after section 361 insert—
Climate change, energy etc
Duties of Mayor and Assembly with respect to climate change
361A (1) The Mayor and the Assembly are each under a duty to address climate change, so far as relating to Greater London.
(2) In the case of the Mayor, the duty consists of each of the following—
(a) to take action with a view to mitigation of, or adaptation to, climate change (see subsections (5) and (6) below),
(b) in exercising any of his functions under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change,
(c) to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Mayor is to perform the duties imposed on him by paragraph (a) or (b) above.
(3) In the case of the Assembly, the duty consists of each of the following—
(a) in exercising any functions of the Assembly under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change,
(b) to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Assembly is to perform the duties imposed by paragraph (a) above.
(4) Any reference in this section to functions of the Mayor, or functions of the Assembly, includes a reference to functions exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
(5) For the purposes of this section—
(a) “climate change” means changes in climate which are, or which might reasonably be thought to be, the result of human activity altering the composition of the global atmosphere and which are in addition to natural climate variability; and
(b) “changes in climate” includes a reference to changes in climate which are reasonably expected, or might reasonably be expected, to happen or which are reasonably thought to be happening or to have recently happened.
(6) In this section—
“adaptation”, in relation to climate change, means preparation for, or adjustment in response to, any consequences of climate change appearing to the Mayor to affect Greater London;
“consequences”, in relation to climate change—
means consequences which have occurred, are occurring or might reasonably be expected to occur, and
includes any phenomena reasonably thought to be consequences of climate change;
“mitigation”, in relation to climate change, includes prevention.
.
43 The London climate change mitigation and energy strategy
(1) In section 41 of the GLA Act 1999 (general duties of the Mayor in relation to his strategies) in subsection (1) (which lists the strategies to which the section applies) after paragraph (e) insert—
(ee) the London climate change mitigation and energy strategy prepared and published under section 361B below,
.
(2) In Part 9 of the GLA Act 1999 (environmental functions) after section 361A insert—
The London climate change mitigation and energy strategy
361B (1) The Mayor shall prepare and publish a document to be known as the “London climate change mitigation and energy strategy”.
(2) The London climate change mitigation and energy strategy shall contain the Mayor's proposals and policies with respect to the contribution to be made in Greater London towards each of the following—
(a) the mitigation of climate change,
(b) the achievement of any objectives specified or described in national policies relating to energy.
(3) The strategy must include the Mayor's proposals and policies relating to each of the following—
(a) minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for the purposes of surface transport,
(b) minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for purposes other than those of transportation,
(c) supporting innovation, and encouraging investment, in energy technologies in Greater London,
(d) promoting the efficient production and use of energy in Greater London.
(4) In subsection (3) above “other significant greenhouse substances” means substances (other than carbon dioxide)—
(a) which contribute to climate change, and
(b) which the Mayor considers it appropriate to deal with in the strategy.
(5) In performing the duty under subsection (3)(c) above, the Mayor must have regard to the desirability of advancing energy technologies which involve the emission of lower levels of substances which contribute to climate change.
(6) The strategy shall also contain information about—
(a) the pattern of energy use in Greater London,
(b) the levels of emissions in, or attributable to, Greater London of substances which contribute to climate change,
(c) the number of households in Greater London in which one or more persons are living in fuel poverty, within the meaning of the Warm Homes and Energy Conservation Act 2000 (see section 1 of that Act),
(d) the measures to be taken, for the purpose of implementing the strategy, by each of the following—
(i) the Authority,
(ii) Transport for London,
(iii) the London Development Agency,
(e) the measures which other bodies or persons are to be encouraged by the Mayor to take for the purpose of implementing the strategy.
(7) The Mayor must have regard to any guidance given to him by the Secretary of State in relation to the preparation or revision of the strategy.
(8) The strategy must not be inconsistent with—
(a) national policies relating to mitigation of climate change, or
(b) national policies relating to energy.
(9) In preparing or revising the strategy the Mayor must consult each of the following—
(a) the Gas and Electricity Markets Authority,
(b) the Gas and Electricity Consumer Council,
(c) prescribed holders of licences granted under—
(i) section 7 or 7A of the Gas Act 1986, or
(ii) section 6 of the Electricity Act 1989.
(10) If at any time (whether before, on or after the day on which this Act is passed) there ceases to be—
(a) a body known as the Gas and Electricity Markets Authority, or
(b) a body known as the Gas and Electricity Consumer Council,
the Secretary of State may by order amend subsection (9) above so as to substitute for that body such other body as he may consider appropriate.
(11) An order under subsection (10) above may have effect in relation to times before the day on which it is made.
(12) In this section—
“climate change” has the same meaning as in section 361A above;
“energy technologies” means technologies for—
the production of energy, or
the more efficient or effective use of energy;
“mitigation” has the same meaning as in section 361A above;
“prescribed” means specified or described in guidance under subsection (7) above;
“surface transport” means any form of transport other than transport by air.
Directions by the Secretary of State to revise the strategy
361C (1) Where the Secretary of State considers that—
(a) the London climate change mitigation and energy strategy (or any part of it) is inconsistent with any policies announced by Her Majesty's government with respect to energy or to climate change or the consequences of climate change, and
(b) the inconsistency would have a detrimental effect on achieving any or all of the objectives of those policies,
he may direct the Mayor to make such revisions of the strategy in order to remove the inconsistency as may be specified in the direction.
(2) The Secretary of State must consult the Mayor before giving him a direction under subsection (1) above.
(3) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor must revise the strategy in accordance with the direction.
(4) In this section—
“climate change” has the same meaning as in section 361A above;
“consequences”, in relation to climate change, has the same meaning as in section 361A above.
.
(3) In section 420 of the GLA Act 1999 (regulations and orders) in the list of provisions in subsection (8) (orders subject to negative resolution Parliamentary procedure) insert at the appropriate place— “ section 361B(10); ”.
44 The Mayor's adaptation to climate change strategy for London
(1) In section 41 of the GLA Act 1999 (general duties of the Mayor in relation to his strategies) in subsection (1) (which lists the strategies to which the section applies) after paragraph (ee) insert—
(ef) the adaptation to climate change strategy for London prepared and published under section 361D below,
.
(2) In Part 9 of the GLA Act 1999 (environmental functions) after section 361C insert—
The adaptation to climate change strategy for London
361D (1) The Mayor shall prepare and publish a document to be known as the “adaptation to climate change strategy for London”.
(2) The adaptation to climate change strategy for London shall contain—
(a) the Mayor's assessment of the consequences of climate change for Greater London;
(b) the Mayor's proposals and policies for adaptation to climate change, so far as relating to Greater London.
(3) The Secretary of State may give to the Mayor guidance—
(a) about the content of the strategy;
(b) in relation to the preparation or revision of the strategy.
(4) The guidance that may be given under subsection (3)(b) above includes—
(a) guidance specifying or describing the bodies, persons or organisations which the Mayor must consult;
(b) guidance as to the evidence of climate change or its consequences, or predictions of climate change or its consequences, to which the Mayor must have regard.
(5) In preparing or revising the strategy, the Mayor must have regard to any guidance given under subsection (3) above.
(6) In this section—
“adaptation”, in relation to climate change, has the same meaning as in section 361A above;
“consequences”, in relation to climate change, has the same meaning as in section 361A above;
“climate change” has the same meaning as in section 361A above.
Directions by the Secretary of State to revise the strategy
361E (1) Where the Secretary of State considers that—
(a) the adaptation to climate change strategy for London (or any part of it) is inconsistent with any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change, and
(b) the inconsistency would have a detrimental effect on achieving any or all of the objectives of those policies,
he may direct the Mayor to make such revisions of the strategy in order to remove the inconsistency as may be specified in the direction.
(2) The Secretary of State must consult the Mayor before giving him a direction under subsection (1) above.
(3) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor must revise the strategy in accordance with the direction.
(4) In this section—
“climate change” has the same meaning as in section 361A above;
“consequences”, in relation to climate change, has the same meaning as in section 361A above.
.
45 Transfer of power of appointment of members of Board of Governors
(1) In section 1(2)(a) of the Museum of London Act 1965 (c. 17) (which provides for the Prime Minister to appoint members of the Board of Governors of the Museum of London) for “Prime Minister” substitute “ Greater London Authority ”.
(2) In paragraph 4(1) of the Schedule to that Act (which provides for the resignation of a member of the Board) for “Prime Minister” substitute “ Greater London Authority ”.
(3) Nothing in this section affects appointments made by the Prime Minister under section 1(2)(a) of that Act before this section comes into force.
46 Period of appointment of Governors to the Board
(1) In paragraph 2(1) of the Schedule to the Museum of London Act 1965 (which provides for the term of appointment of a member of the Board of Governors of the Museum) for “the period of three years” substitute “ a period of not more than four years ”.
(2) Any appointment made under section 1(2) of that Act before the coming into force of this section for a period of more than three years but not more than four years has effect as if the amendment made by subsection (1) had been in force at the time of the appointment.
47 The Board's expenditure: transfer of powers and other provisions
(1) In section 14 of the Museum of London Act 1965 (application of moneys received by the Board of Governors of the Museum) in subsections (1) and (2), for “Secretary of State” substitute “ Greater London Authority ”.
(2) Section 15 of that Act (financing of expenditure of the Board of the Museum) is amended as follows.
(3) In subsection (1), for “Secretary of State” substitute “ Greater London Authority ”.
(4) In subsection (2)—
(a) for “Secretary of State” substitute “ Greater London Authority ”,
(b) after “Corporation” in the third place it appears insert “ and the Greater London Authority ”,
(c) after “as the Corporation” insert “ or (as the case may be) the Greater London Authority ”.
(5) For subsection (3) substitute—
(3) Subject to subsection (4) the total of the payments made by the Greater London Authority under subsection (2) shall equal the total expended by the Corporation under that subsection.
(4) In the case of particular amounts paid in respect of particular expenses, the Corporation and the Greater London Authority may agree that subsection (3) has effect so that the proportion of expenditure paid for by the Greater London Authority is other than one-half.
.
48 Transfer of other powers relating to the Museum
(1) In section 3(4) of the Museum of London Act 1965 (c. 17) (which provides for the Board of Governors of the Museum not to dispose of land etc without consent) for “Secretary of State” in both places substitute “ Greater London Authority ”.
(2) In subsections (1), (3) and (4) of section 9 of that Act (which provides for employment of staff of the Museum) for “Secretary of State” in each place substitute “ Greater London Authority ”.
(3) Subsection (2) does not affect any appointment made before this section comes into force.
49 Repeal of section 5 of the Museum of London Act 1986
Section 5 of the Museum of London Act 1986 (c. 8) (which provides for reports about the exercise of functions of the Board of Governors of the Museum of London to be made to Parliament by the Secretary of State) shall cease to have effect.
(1) Section 376 of the GLA Act 1999 (the Mayor's culture strategy) is amended as follows.
(2) After subsection (4) (power of Cultural Strategy Group for London to submit proposed revisions) insert—
(4A) Before submitting any proposed revisions under subsection (4) above, the Cultural Strategy Group for London must consult each of the designated consultative bodies (see subsection (10)).
.
(3) In subsection (8) (consultation etc on revisions otherwise than in response to proposals under subsection (4))—
(a) in paragraph (a) (bodies and persons to be consulted under section 42(1)) for “subsection (1) of section 42” substitute “ section 42(1)(b) ”;
(b) in paragraph (b) (expansion of references in section 42(5)) for “to the Assembly and the functional bodies” substitute “ to the functional bodies ”.
(4) After subsection (8) insert—
(8A) Where, by virtue of subsection (8)(a) above, the Mayor consults the Cultural Strategy Group for London, the Cultural Strategy Group for London must consult the designated consultative bodies before submitting any comments in response to the Mayor.
.
(5) After subsection (9) insert—
(10) For the purposes of this section, the “designated consultative bodies” are the following—
Archives, Libraries and Museums London
the Arts Council of England
the Commission for Architecture and the Built Environment
the English Sports Council
the Historic Buildings and Monuments Commission for England
the Museums, Libraries and Archives Council
the UK Film Council.
(11) The Secretary of State may by order amend subsection (10) above—
(a) by adding or removing bodies, or
(b) by amending names of bodies,
but not so as to include any body that does not have functions relating to sport, culture or the arts.
.
(6) In section 420 of the GLA Act 1999 (regulations and orders) in subsection (8) (orders requiring negative resolution Parliamentary procedure) insert at the appropriate place— “ section 376(11); ”.
51 The Mayor's duty to exercise certain powers of appointment
(1) After section 377 of the GLA Act 1999 (assistance by Mayor for museums, galleries etc) insert—
The Mayor's duty to exercise certain powers of appointment
377A (1) Subsection (2) below applies where any power to make an appointment of a prescribed description in the case of a prescribed body is exercisable by the Mayor.
(2) If the body requests the Mayor to exercise the power, he must do so as soon as reasonably practicable after the making of the request.
(3) Any request under subsection (2) above must be in writing.
(4) Where—
(a) an instrument of any description states that an appointment of a particular description is to be made by the Mayor, and
(b) the circumstances are such that an appointment of that description falls to be made,
the power to make the appointment is to be taken for the purposes of this section to be a power exercisable by the Mayor.
(5) In this section “prescribed” means specified in, or determined in accordance with, an order made by the Secretary of State.
(6) Different descriptions (and different numbers) of appointments may be prescribed under this section in the case of different bodies.
(7) The only bodies that may be prescribed under this section are bodies that have functions relating to sport, culture or the arts.
.
(2) In section 380 of the GLA Act 1999 (delegation of Authority's functions under Part 10) in subsection (6) (exceptions) for the word “or” at the end of paragraph (a) substitute the following paragraph—
(aa) in relation to any function of making an appointment in a case where section 377A above applies; or
.
(3) In section 420 of the GLA Act 1999 (regulations and orders) in subsection (8) (orders requiring negative resolution Parliamentary procedure) insert at the appropriate place— “ section 377A(5); ”.
52 Common provision of administrative, professional and technical services
(1) After section 401 of the GLA Act 1999 (accommodation for the Authority and the functional bodies) insert—
Administrative, professional and technical services
401A (1) In this section “constituent body” means any of the following—
(a) the Authority,
(b) any functional body.
(2) Arrangements may be entered into by constituent bodies for the provision of administrative, professional or technical services by any one or more of them to any one or more of them, whether for consideration or otherwise.
(3) The arrangements that may be entered into under subsection (2) above include arrangements for the discharge by any one or more constituent bodies on behalf of any other constituent body of any functions of that other which are of an administrative, professional or technical nature.
(4) Any two or more constituent bodies may establish a joint committee for the purposes of subsection (2) above.
(5) A joint committee established under subsection (4) above is to be treated for the purposes of subsections (2) and (3) above as a constituent body separate and distinct from the constituent bodies by which it is established.
(6) The Mayor must consult the Assembly before exercising any power conferred on the Authority by this section.
(7) The Secretary of State may by order amend this section so as to extend or restrict the services or functions to which it applies.
.
(2) In consequence of the amendment made by subsection (1), the italic heading preceding section 401 of the GLA Act 1999 becomes “ Accommodation and services ”.
(3) In section 420 of the GLA Act 1999 (regulations and orders) in subsection (3) (orders subject to affirmative resolution Parliamentary procedure)—
(a) after “an order under” insert “ any of the following provisions ”;
(b) for “or” at the end of paragraph (c) substitute—
(ca) section 401A(7),
.
(1) Any power conferred on the Secretary of State by this Act to make an order includes—
(a) power to make different provision for different cases, and
(b) power to make incidental, consequential, supplemental, or transitional provision or savings.
(2) The power conferred by subsection (1)(b) above includes power to amend any enactment passed or made before this Act for the purpose of making any such provision or savings.
(3) Any power conferred on the Secretary of State by this Act to make an order is exercisable by statutory instrument.
(4) A statutory instrument—
(a) which contains (whether alone or with other provisions) an order which makes provision by virtue of subsection (2), and
(b) which is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Any directions given under this Act must be in writing.
(2) Any power conferred by this Act to give a direction includes power to vary or revoke the direction.
There shall be paid out of money provided by Parliament—
(a) any expenditure incurred by a Minister of the Crown or government department under or by virtue of this Act, and
(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.
56 Transitional provision relating to consultation
(1) In the case of any strategy referred to in a provision mentioned in column A of the Table in subsection (2), any consultation undertaken by the Mayor—
(a) after the day on which this Act is passed, but
(b) before the coming into force of that provision,
is to be as effective for the purposes of the corresponding provision in column C of that Table as if it had been undertaken after the provision in column A had come into force.
Column B of the Table identifies the provision of this Act which inserts the corresponding provision mentioned in column A.
(2) The provisions are—
Column A: | Column B: | Column C:
Provision inserted into GLA Act 1999 | Provision of this Act | Provision of GLA Act 1999 for which consultation is effective
Section 41(1)(bb) (section 41 to apply to health inequalities strategy) | Section 24(2) | Section 42(1)
Section 41(1)(bc) (section 41 to apply to London housing strategy) | Section 28(2) | Section 42(1)
Section 41(1)(ee) (section 41 to apply to London climate change mitigation and energy strategy) | Section 43(1) | Section 42(1)
Section 41(1)(ef) (section 41 to apply to adaptation to climate change strategy for London) | Section 44(1) | Section 42(1)
Section 309G(4) (consultation with relevant bodies or persons for purposes of health inequalities strategy) | Section 22(1) | Section 309G(4)
Section 361B(9) (consultation with certain bodies for purposes of London climate change mitigation and energy strategy) | Section 43(2) | Section 361B(9)
(3) Any consultation carried out by the Mayor with the Regional Director of Public Health for London—
(a) after the day on which this Act is passed, but
(b) before the coming into force of sections 309A and 309B of the GLA Act 1999 (Regional Director to be Health Adviser to GLA),
is to be as effective for the purposes of section 309G(4) of the GLA Act 1999 as if it had been carried out with the Health Adviser.
Sections 309A and 309B of the GLA Act 1999 are inserted by section 21(1) of this Act.
In this Act—
“the GLA Act 1999” means the Greater London Authority Act 1999 (c. 29);
“PCPA 2004” means the Planning and Compulsory Purchase Act 2004 (c. 5);
“TCPA 1990” means the Town and Country Planning Act 1990 (c. 8).
(1) This Act may be cited as the Greater London Authority Act 2007.
(2) This Act and the GLA Act 1999 may be cited together as the Greater London Authority Acts 1999 and 2007.
(3) This Act does not extend to Scotland or Northern Ireland.
(4) The following provisions of this Act come into force on the day on which this Act is passed—
(a) this Part, other than section 57 and Schedule 2,
(b) any power under or by virtue of this Act to make regulations or an order.
(5) Sections 28 and 46 come into force at the end of the period of 2 months beginning with the day on which this Act is passed.
(6) Sections 12 to 14 have effect in relation to financial years beginning on or after an appointed day.
(7) Subject to subsection (8), the other provisions of this Act come into force on an appointed day.
(8) Any repeal in Schedule 2 (and section 57 so far as relating to the repeal) comes into force in the same way as the provisions of this Act to which the repeal relates.
(9) In this section “appointed day” means such day or days as the Secretary of State may by order appoint; and different days may be so appointed for different purposes.
Section 57
Short title and chapter | Extent of repeal
Museum of London Act 1986 (c. 8) | Section 3(1). Section 5.
Greater London Authority Act 1999 (c. 29) | In section 30(5), the word “and” at the end of paragraph (aa). Section 54(2). Section 72(4). Section 73(4). In section 404(1)— in paragraph (a), the words from “(whether acting” to “Assembly jointly)”; in paragraph (b), the word “and”. In Schedule 4, paragraph 15(1)(a). In Schedule 10, paragraph 2(4), (5) and (5A).
Railways Act 2005 (c. 14) | Section 17(6).