Office of Public Sector Information
PART XII continued
(1) None of the following, that is to say—
(a) the abolition or dissolution by or under this Act of any body or office,
(b) the transfer, repeal or revocation by or under this Act of any functions, or
(c) the transfer by or under this Act of any property, rights or liabilities,
shall affect the validity of anything done before the abolition, dissolution, transfer, repeal or revocation takes effect.
(2) Subsections (3) to (5) below apply where any functions, property, rights or liabilities are transferred by or under this Act from a body or person (“the transferor”) to another body or person (“the transferee”).
(3) There may be continued by or in relation to the transferee anything (including legal proceedings) which—
(a) relates to any of the functions, property, rights or liabilities transferred, and
(b) is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.
(4) Anything which—
(a) was made or done by or in relation to the transferor for the purposes of or otherwise in connection with any of the functions, property, rights or liabilities transferred, and
(b) is in effect immediately before the transfer takes effect,
shall have effect as if made or done by or in relation to the transferee.
(5) The transferee shall be substituted for the transferor in any instruments, contracts or legal proceedings which—
(a) relate to any of the functions, property, rights or liabilities transferred, and
(b) are made or commenced before the transfer takes effect.
(6) Any reference in this section to anything made or done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to the transferor.
(7) Any question under this section as to—
(a) whether any particular functions, property, rights or liabilities are transferred by or under this Act, or
(b) the body to which, or person to whom, any particular functions, property, rights or liabilities are so transferred,
may be determined by a direction given by the Secretary of State.
(8) Subsections (1) to (7) above are without prejudice to any provision made by or under this Act in relation to any particular functions.
(9) Subsections (3) to (5) above do not apply in relation to the transfer of functions, property, rights and liabilities to the extent that the provision by which, or the order or instrument under which, the transfer is made provides otherwise.
(10) Nothing in this section shall be construed—
(a) as continuing in force any contract of employment; or
(b) as transferring any rights or liabilities relating to pensions.
(1) Where—
(a) provision is made by or under this Act for the repeal and re-enactment (with or without modifications) of any provision of the [1984 c. 32.] London Regional Transport Act 1984, and
(b) the provision as re-enacted (“the new provision”) comes into force before the repeal of the provision of the [1984 c. 32.] London Regional Transport Act 1984 (“the old provision”),
subsection (2) below shall apply.
(2) Where this subsection applies, the provision that may be made by the Secretary of State under or by virtue of any power to make transitional provision by order under any provision of this Part includes power to make provision—
(a) for any reference to the old provision in any relevant document to be construed as, or as including, a reference to the new provision, or
(b) for anything made or done, or having effect as if made or done, under or by virtue of the old provision, to have effect, to the extent that it could have been made or done under or by virtue of the new provision, as if made or done under or by virtue of the new provision,
notwithstanding that the repeal of the old provision has not come into force.
(3) In subsection (2) above “relevant document” means—
(a) any enactment;
(b) any instrument made under an enactment;
(c) any deed or other instrument;
(d) any agreement;
(e) any document not falling within the other paragraphs of this subsection.
(4) An order under subsection (2) above may make provision—
(a) in relation to all provisions falling within subsection (1)(b) above or such of those provisions as may be specified or described in the order; and
(b) generally or in relation to such cases or circumstances, or such relevant documents or descriptions of relevant documents, as may be so specified or described.
(5) Subsections (6) to (8) below have effect in relation to any agreement made by London Regional Transport under or by virtue of paragraph (a) of section 3(2A) of the [1984 c. 32.] London Regional Transport Act 1984 (whether or not the agreement is a transport subsidiary’s agreement or has effect as if made under or by virtue of section 156(3) of this Act by Transport for London).
(6) In the case of any such agreement—
(a) no provision of the agreement shall operate or cease to have effect, and
(b) no rights under the agreement shall operate or become exercisable,
by reason only that a statutory duty exercisable by any body or person (“the predecessor”) becomes exercisable instead by another body or person (“the transferee”) in consequence of any provision made by or under this Act for the repeal and re-enactment (with or without modifications) of the provision imposing the statutory duty.
(7) Accordingly, any such agreement shall continue in force and have effect as if the predecessor and the transferee were in law the same person and as if there had been no change in the body or person by whom the statutory duty is exercisable.
(8) In any such agreement, or any agreement made in connection with such an agreement, any reference to London Regional Transport’s duties under the [1984 c. 32.] London Regional Transport Act 1984 shall be taken as including a reference to the corresponding duties of Transport for London or the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) under this Act.
(9) This section is without prejudice to—
(a) any power conferred by any other provision of this Act; and
(b) sections 15 to 17 of the [1978 c. 30.] Interpretation Act 1978.
(1) Neither stamp duty nor stamp duty reserve tax shall be chargeable on, or in respect of,—
(a) a transfer instrument;
(b) an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as made in pursuance of a transfer instrument; or
(c) an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as giving effect to a preparatory reorganisation, to the extent that the instrument or agreement is so certified.
(2) No instrument or agreement which is certified as mentioned in paragraph (b) or (c) of subsection (1) above shall be taken to be duly stamped unless—
(a) it is stamped with the duty to which it would, but for that subsection, be liable; or
(b) it has, in accordance with section 12 of the [1891 c. 39.] Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.
(3) Section 12 of the [1895 c. 16.] Finance Act 1895 shall not operate to require—
(a) the delivery to the Inland Revenue of a copy of this Act, or
(b) the payment of stamp duty under that section on any copy of this Act,
and shall not apply in relation to any instrument on which, by virtue of subsection (1) above, stamp duty is not chargeable.
(4) In subsection (1) above, “transfer instrument” means—
(a) an order under section 408 or 411 above; or
(b) a scheme under section 409 above.
(5) In subsection (1) above “preparatory reorganisation” means the transfer of property, rights and liabilities—
(a) from London Regional Transport to any of its subsidiaries,
(b) from a subsidiary of London Regional Transport to London Regional Transport,
(c) from a subsidiary of London Regional Transport to another such subsidiary, or
(d) from a Minister of the Crown to London Regional Transport or any of its subsidiaries,
preparatory to any provision made or to be made by or under this Act.
(1) Section 64 of the [1984 c. 32.] London Regional Transport Act 1984 (stamp duty) shall be amended as follows.
(2) In subsection (7)(a) (which, among other things, provides an exemption in relation to transfers in pursuance of a scheme made under section 9(6) in compliance with a direction of the Secretary of State under section 10)—
(a) after “or to a transfer made in pursuance of” there shall be inserted “, or otherwise in connection with,”;
(b) after “section 9(6) of this Act” there shall be inserted “(i)”; and
(c) after “under section 10 of this Act; or” there shall be inserted—
“(ii) in preparation for, or in pursuance of, a PPP agreement, within the meaning of Chapter VII of Part IV of the Greater London Authority Act 1999, or a contract falling within paragraph 6(2) of Schedule 33 to that Act; or”.
(3) After subsection (7) there shall be inserted—
“(7A) Any reference in subsection (7)(a) above to a transfer includes—
(a) a reference to an agreement for a lease or underlease; and
(b) a reference to the grant of a lease or underlease.”
(1) The following bodies, namely—
(a) Transport for London,
(b) the Metropolitan Police Authority, and
(c) the London Fire and Emergency Planning Authority,
shall each be treated as a local authority for the purposes of the enactments mentioned in subsection (2) below.
(2) The enactments are—
(a) section 519 of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (exemption of local authorities from income and corporation taxes); and
(b) section 271 of the [1992 c. 12.] Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).
(3) In sections 170 to 181 of the [1992 c. 12.] Taxation of Chargeable Gains Act 1992 (groups of companies) references to a company do not apply to Transport for London.
(4) Schedule 33 to this Act (which makes further provision about taxation) shall have effect.
(1) Except to the extent that this Act makes provision to the contrary, any power conferred by this Act to make regulations or an order includes power—
(a) to make different provision for different cases; and
(b) to make incidental, consequential, supplemental or transitional provision and savings.
(2) Any power conferred on a Minister of the Crown by this Act to make regulations or an order shall be exercisable by statutory instrument.
(3) A statutory instrument containing (whether alone or with other provisions) an order under—
(a) section 21(1)(b) above,
(b) section 31 above,
(c) section 326(1) above, or
(d) section 405(1) above,
shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) Subsection (3) above shall not have effect in relation to a statutory instrument containing an order under section 326(1) or 405(1) above making—
(a) amendments or repeals in an enactment contained in a local and personal or private Act,
(b) amendments or revocations in subordinate legislation which was not subject to affirmative parliamentary procedure, or
(c) provision of any description by virtue of section 405(2) or subsection (1) above in connection with any such amendments, repeals or revocations,
if it would not have effect in relation to that instrument apart from those amendments, repeals or revocations or that provision.
(5) A statutory instrument containing regulations under—
(a) paragraph 16(2) of Schedule 23 to this Act, or
(b) paragraph 4 or 22(2) of Schedule 24 to this Act,
shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
(6) A statutory instrument—
(a) which contains (whether alone or with other provisions)—
(i) regulations under any provision of this Act specified in subsection (7) below, or
(ii) an order under any provision of this Act specified in subsection (8) below, 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,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) The provisions mentioned in subsection (6)(a)(i) above are—
any provision contained in Chapters I to IV or VI of Part III of this Act;
any provision of Part VIII of this Act;
section 396(2);
paragraph 10 of Schedule 17;
Schedule 23, other than provisions specified in subsection (5) above;
Schedule 24, other than provisions specified in subsection (5) above.
(8) The provisions mentioned in subsection (6)(a)(ii) above are—
section 3(1) or (4);
section 25;
section 63;
section 157;
section 158(4);
section 163;
section 207;
section 235(4);
section 326(1);
section 395(3);
section 405;
section 406;
section 408;
section 411;
section 412;
section 413;
paragraph 7(3) of Schedule 12;
paragraph 9(1)(b) of Schedule 17;
paragraph 1 of Schedule 28.
(9) For the purposes of this section, the subordinate legislation which is “subject to affirmative parliamentary procedure” is any subordinate legislation contained in an instrument which was subject—
(a) to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, or
(b) to a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons,
or which was not subject to such a requirement by reason only that it re-enacted subordinate legislation (with or without modification).
(1) Any direction given under this Act shall be in writing.
(2) Any power conferred by this Act to give a direction shall include 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.
The enactments mentioned in Schedule 34 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(1) In this Act, unless the context otherwise requires,—
“advisory committee” and “advisory sub-committee”, in relation to the Assembly, shall be construed in accordance with section 55(4) and (5) above;
“the Assembly” means the London Assembly;
“Assembly member” means a member of the Assembly;
“the Authority” means the Greater London Authority;
“certify” means certify in writing; and related expressions shall be construed accordingly;
“the Common Council” means the Common Council of the City of London;
“company” means any body corporate;
“constituency member” shall be construed in accordance with section 2(2)(a) above;
“financial year” means a period of twelve months ending with 31st March;
“the Fire etc Authority” has the meaning given by section 328(2);
“functional body” means—
Transport for London;
the London Development Agency;
the Metropolitan Police Authority; or
the London Fire and Emergency Planning Authority;
“GLA road” has the same meaning as in the [1980 c. 66.] Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);
“GLA side road” has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act);
“guidance” means guidance in writing;
“local authority” has the same meaning as in the [1972 c. 70.] Local Government Act 1972;
“London member” shall be construed in accordance with section 2(2)(b) above;
“Mayor” means Mayor of London;
“member of staff”, in relation to the Authority, means a person appointed under section 67(1) or (2) above;
“Minister of the [1975 c. 26.] Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“national policies” means any policies of Her Majesty’s government which are available in a written form and which—
have been laid or announced before, or otherwise presented to, either House of Parliament; or
have been published by a Minister of the Crown;
“notice” means notice in writing;
“notify” means notify in writing;
“ordinary committee” and “ordinary sub-committee”, in relation to the Assembly, shall be construed in accordance with section 55(1) above;
“ordinary election” shall be construed in accordance with section 2(7) above;
“principal council” has the same meaning as in the [1972 c. 70.] Local Government Act 1972;
“principal purposes”, in relation to the Authority, shall be construed in accordance with section 30(2) above;
“proper officer” shall be construed in accordance with subsection (2) below;
“standing orders”, in relation to the Authority, shall be construed in accordance with subsection (3) below;
“statutory functions” means functions conferred or imposed by or under any enactment;
“subordinate legislation” has the same meaning as in the [1978 c. 30.] Interpretation Act 1978 (see section 21(1) of that Act);
“subsidiary” has the meaning given to it by section 736 of the [1985 c. 6.] Companies Act 1985;
“transport subsidiary’s agreement” has the meaning given by section 169 above.
(2) In this Act, and in any enactment applied by this Act, any reference to a proper officer and any reference which by virtue of this Act is to be construed as such a reference, shall in relation to the Authority or a functional body and any purpose or area be construed as a reference to an officer appointed by the Authority or body for that purpose or area.
(3) In this Act, or any other enactment which has effect in relation to the Authority, any reference to standing orders shall, in its application in relation to the Authority, have effect as a reference to standing orders of the Authority made under and in accordance with section 36 above.
(4) Any power conferred by this Act to affect enactments by subordinate legislation is exercisable notwithstanding that those enactments consist of or include—
(a) provisions contained in Part III above;
(b) provisions relating to the subject matter of that Part; or
(c) provisions creating or otherwise relating to offences.
(5) In subsection (4) above “affect”, in relation to any enactment, includes make—
(a) incidental, consequential, transitional, supplemental or supplementary provision or savings; or
(b) amendments, modifications or adaptations.
(1) This Act may be cited as the Greater London Authority Act 1999.
(2) Apart from this section, section 420 above and any power of a Minister of the Crown to make regulations or an order (which accordingly come into force on the day on which this Act is passed) the provisions of this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
(3) Sections 220 to 224 above and Schedules 14 and 15 to this Act shall not come into force until London Underground Limited has become a subsidiary of Transport for London.
(4) Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.
(5) Any such order may include such adaptations of—
(a) the provisions which it brings into force, or
(b) any other provisions of this Act then in force,
as appear to the Secretary of State to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.
(6) Subsections (4) and (5) above are without prejudice to section 420 above.
(7) Subject to subsection (8) below, this Act does not extend to Northern Ireland.
(8) Any amendment or repeal made by this Act shall have the same extent as the enactment to which it relates.
Greater London Authority Act 1999