Greater London Authority Act 1999

The Mayor’s strategies E+W+S

41 General duties of the Mayor in relation to his strategies. E+W+S

(1) This section applies to—

(a) the transport strategy prepared and published under section 142 below,

(b) the London Development Agency strategy prepared and published under section 7A(2) of the M1 Regional Development Agencies Act 1998,

[F1 (bb) the health inequalities strategy prepared and published under section 309E below,]

[F2 (bc) the London housing strategy prepared and published under section 333A below,]

(c) the spatial development strategy prepared and published under Part VIII below,

(d) the London Biodiversity Action Plan prepared and published under section 352 below,

(e) the municipal waste management strategy prepared and published under section 353 below,

[F3 (ee) the London climate change mitigation and energy strategy prepared and published under section 361B below,]

[F4 (ef) the adaptation to climate change strategy for London prepared and published under section 361D below,]

(f) the London air quality strategy prepared and published under section 362 below,

(g) the London ambient noise strategy prepared and published under section 370 below, and

(h) the culture strategy prepared and published under section 376 below.

(2) The Mayor shall keep each of the strategies mentioned in subsection (1) above under review and shall make such revisions of those strategies as he considers necessary.

(3) Subsection (2) above does not apply in relation to the spatial development strategy (for which separate provision as to review is made by section 340 below).

(4) In preparing or revising any strategy mentioned in subsection (1) above, the Mayor shall have regard to—

(a) the principal purposes of the Authority;

(b) the effect which the proposed strategy or revision would have on [F5 each of the following] —

(i) the health of persons in Greater London;

[F6 (ia) health inequalities between persons living in Greater London;]

(ii) the achievement of sustainable development in the United Kingdom;

[F7 (iii) climate change, and the consequences of climate change; and]

(c) the matters specified in subsection (5) below.

(5) Those matters are—

(a) the need to ensure that the strategy is consistent with national policies and with such international obligations as the Secretary of State may notify to the Mayor for the purposes of this paragraph;

(b) the need to ensure that the strategy is consistent with each other strategy mentioned in subsection (1) above;

(c) the resources available for implementation of the strategy; and

(d) the desirability of promoting and encouraging the use of the River Thames safely, in particular for the provision of passenger transport services and for the transportation of freight.

(6) The Mayor—

(a) in considering whether any strategy mentioned in subsection (1) above needs to be revised,

(b) in implementing any such strategy, or

(c) in exercising in relation to the spatial development strategy any of his functions under sections 334 to 341 below,

shall have regard to the matters specified in subsection (5) above.

(7) Where the Mayor prepares or revises any strategy mentioned in subsection (1) above, he shall include such of the available policies and proposals relating to the subject matter of the strategy as he considers best calculated—

(a) to promote improvements in the health of persons in Greater London,

[F8 (aa) to promote the reduction of health inequalities between persons living in Greater London, and

(b) to contribute towards the achievement of sustainable development in the United Kingdom][F9 , and

(c) to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,]

except to the extent that he considers that any action that would need to be taken by virtue of paragraph (a)[F10 , (aa)][F11 , (b) or (c)] above is not reasonably practicable in all the circumstances of the case.

(8) In subsection (7)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the strategy or revision.

[F12 (8A) In subsection (7)(aa) above, the reference to promoting the reduction of health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the strategy or revision.]

(9) The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above[F13 , except the London housing strategy,] as he may consider appropriate, having regard to—

(a) any related targets or objectives set nationally; and

(b) any performance indicators set by the Secretary of State, whether nationally or locally, which affect the exercise of functions by authorities involved in the implementation of the strategy;

and in setting any such targets the Mayor shall seek to secure that they are not less demanding than any related targets or objectives which are set nationally.

(10) For the purposes of this section international obligations means international obligations of the United Kingdom under any treaty, including obligations under the [F14 EU] Treaties.

(11) For the purposes of this Act, unless the context otherwise requires, a reference to a strategy includes a reference to the London Biodiversity Action Plan.

[F15 (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.]

Textual Amendments

F1 S. 41(1)(bb) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(2), 59(7); S.I. 2008/113, art. 2(d)

F2 S. 41(1)(bc) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(2), 59(5)

F3 S. 41(1)(ee) inserted (E.W.) (23.10.2007 for specified purposes, 21.1.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 43(1), 59(4)(b); S.I. 2008/113, art. 2(i)

F4 S. 41(1)(ef) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 44(1), 59(7); S.I. 2008/113, art. 2(i)

F5 Words in s. 41(4)(b) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(3)(a), 59(7); S.I. 2008/113, art. 2(d)

F6 S. 41(4)(b)(ia) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(3)(b), 59(7); S.I. 2008/113, art. 2(d)

F7 S. 41(4)(iii) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(2), 59(7); S.I. 2008/113, art. 2(i)

F8 S. 41(7)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(4)(a), 59(7); S.I. 2008/113, art. 2(d)

F9 S. 41(7)(c) and word inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(3)(a), 59(7); S.I. 2008/113, art. 2(i)

F10 Word in s. 41(7) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(4)(b), 59(7); S.I. 2008/113, art. 2(d)

F11 Words in s. 41(7) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(3)(b), 59(7); S.I. 2008/113, art. 2(i)

F12 S. 41(8A) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(5), 59(7); S.I. 2008/113, art. 2(d)

F13 Words in s. 41(9) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(3), 59(5)

F14 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))

F15 S. 41(12) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(4), 59(7); S.I. 2008/113, art. 2(i)

Marginal Citations

M1 1998 c. 45.

42 Consultation. E+W+S

(1) In preparing or revising any strategy to which this section applies the Mayor shall consult—

(a) the Assembly,

(b) the functional bodies,

(c) each London borough council,

(d) the Common Council, and

(e) any other body or person whom he considers it appropriate to consult.

(2) In determining what consultation (if any) is appropriate under subsection (1)(e) above, the bodies which, and persons whom, the Mayor considers consulting must include bodies of each of the descriptions specified in section 32(3) above.

(3) The strategies to which this section applies are those mentioned in section 41(1) above, other than the spatial development strategy (for which separate provision as to consultation and other aspects of public participation is made by Part VIII below).

(4) Subsection (1) above is without prejudice to any other duty imposed on the Mayor in relation to consultation.

[F16 (5) Section 42A below supplements subsection (1) above (but see subsection (6) below).]

(6) In any case where—

(a) the Mayor proposes to revise any of the strategies to which this section applies, and

(b) he considers that the proposed revisions will not materially alter the strategy in question,

the Mayor is not required to carry out consultation in accordance with this section.

Textual Amendments

F16 S. 42(5) substituted (21.1.2008) (E.W.) by Greater London Authority Act 2007 (c. 24), ss. 2(1), 59(7); S.I. 2008/113, art. 2(a)

Modifications etc. (not altering text)

C1 S. 42 excluded (3.7.2000) by 1998 c. 45, s. 7B(6) (as inserted (3.7.2000) by 1999 c. 29, s. 307 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

[F17 42A Consultation: supplementary provision E+W

(1) This section supplements section 42(1) above.

(2) The Mayor must consult the Assembly and the functional bodies under section 42(1)(a) and (b) above before consulting other bodies or persons under section 42(1)(c) to (e) above.

(3) The Mayor must have regard to any comments submitted to him in response by the Assembly or any of the functional bodies.

(4) Before consulting under section 42(1)(c) to (e) above, the Mayor must—

(a) prepare a statement in accordance with the following provisions of this section, and

(b) submit that statement to the Chair of the Assembly.

(5) The statement must—

(a) identify which of the comments submitted by the Assembly are accepted by the Mayor for implementation in the strategy, and

(b) set out the reasons why any comments so submitted are not so accepted.

(6) The statement must be in writing.]

Textual Amendments

F17 S. 42A inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 2(2), 59(7); S.I. 2008/113, art. 2(a)

43 Publicity and availability of strategies. E+W+S

(1) The Mayor shall take such steps as in his opinion will give adequate publicity to the current version of each strategy to which section 42 above applies.

(2) The Mayor shall send to the Common Council and to each London borough council a copy of the current version of each strategy mentioned in section 41(1) above.

(3) A copy of the current version of each such strategy shall be kept available by the Mayor for inspection by any person on request free of charge—

(a) at the principal offices of the Authority, and

(b) at such other places as the Mayor considers appropriate,

at reasonable hours.

(4) A copy of the current version of each such strategy, or any part of such a strategy, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.

(5) Any reference in this section to the current version of a strategy or part of a strategy is a reference—

(a) in the case of the spatial development strategy, to that strategy as last published, whether originally or by way of replacement, and to any published alteration thereof for the time being having effect; and

(b) in the case of any other strategy, to that strategy as last published, whether originally or as revised.

44 Directions by the Secretary of State. E+W+S

(1) In relation to each strategy mentioned in section 41(1) above, where the Mayor has not published the strategy and the Secretary of State considers that the Mayor is not taking such steps as are necessary to prepare the strategy, he may issue a direction to the Mayor under subsection (2) below.

(2) A direction under this subsection may direct the Mayor to prepare and publish the strategy within such period as the direction shall specify.

(3) Where the Secretary of State issues a direction to the Mayor under subsection (1) above, the Mayor shall comply with the direction.