Part II General Functions and Procedure

F1Delegation to Mayor of Ministers' functions

Annotations:
Amendments (Textual)
F1

S. 39A and cross-heading inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 223(2), 240(2); S.I. 2012/57, art. 4(1)(cc) (with arts. 6, 7, 9-11)

39ADelegation by Ministers

1

A Minister of the Crown may, to such extent and subject to such conditions as that Minister thinks fit, delegate to the Mayor any of that Minister's eligible functions.

2

A function is eligible for the purposes of subsection (1) above if—

a

it does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and

b

the Secretary of State considers that it can appropriately be exercised by the Mayor.

3

No delegation under subsection (1) above, and no variation of a delegation under subsection (1) above, may be made without the agreement of the Mayor.

4

Before making or varying a delegation under subsection (1) above, a Minister of the Crown must consult—

a

each London borough council,

b

the Common Council, and

c

the Assembly.

5

A delegation under subsection (1) above may be revoked at any time by any Minister of the Crown.

6

Section 38 above does not apply in relation to functions delegated under subsection (1) above.

40 Contracting out.

1

Part II of the M1Deregulation and Contracting Out Act 1994 (contracting out) shall be amended as follows.

2

In section 70 (functions of local authorities) in subsection (1)(b), after section 56 of the Local Government (Scotland) Act 1973 there shall be inserted “ or section 38 or 380 of the Greater London Authority Act 1999 ”.

3

After subsection (5) of that section (which implies certain terms into arrangements under section 101 of the M2Local Government Act 1972 etc) there shall be inserted—

6

Any reference in subsection (5) above to arrangements under section 101 of the M3Local Government Act 1972 includes a reference to an authorisation under section 38 or 380 of the Greater London Authority Act 1999.

4

In section 79(1) (interpretation of Part II) in the definition of local authority, in paragraph (a), after London borough council, there shall be inserted “ the Greater London Authority acting through the Mayor of London, ”.