Part II General Functions and Procedure
F1Delegation to Mayor of Ministers' functions
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,
”
.
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)