London could risk losing powers to bring legislation to Parliament if the GLA doesn’t use them, Sian Berry AM warned at Mayor’s Question Time.
Sian highlighted that it seems a ‘waste’ to not use the powers set out in the GLA Act 1999, which give the Mayor and the Assembly the power to bring forward local Bills and to oppose other bills in Parliament.
In response to Sian Berry’s questions, the Mayor highlighted the complexities built into these processes, and Sian agreed that getting 90 per cent of councils to support any plans before submitting them was a challenge. But she proposed that, as the powers are held by the GLA as a whole, the Mayor and Assembly should be working together ‘creatively’ to discuss what could be agreed on cross party.
The Mayor agreed to look at this further, and said: “We've got to make sure we're not taking away any powers of Government and so forth, so if you've got any ideas that you think would overcome all those hurdles, I’m more than happy to discuss.’
Sian Berry says:
I have previously said to the Mayor that we could be doing more with our powers in the GLA Act, and my worry is that in the end we will either use them or lose them. With constructive dialogue together, I am sure the Assembly and the Mayor can forge unified positions on issues where new legislation can help make life better for Londoners. Our cross-party voice could be powerful.
“With the Assembly working alongside the Mayor we could have a real impact on our city through new legislation and we should not ignore this potential or let our chances slip by.
“I am glad that the Mayor is acknowledging the value of these powers and that, in response to my questions, he agreed to discuss the idea of a team at least working on paving the way towards creating and influencing legislation that can really transform Londoner's lives.
Section 77 of the Greater London Authority Act 1999 outlines the power of the GLA, exercisable by the Mayor of London, to promote or oppose local Bills in Parliament. This section states that that the authority may promote a local Bill in Parliament for any purpose which is for the public benefit of the inhabitants of, or of any part of, Greater London.
Notes to editors
1. Watch Mayor's Question Time here: Mayor's Question Time
2. Question tabled:
Using powers in Parliament, https://www.london.gov.uk/questions/2021/2725
3. Mayor must press for Oxford Street pedestrianisation: https://www.london.gov.uk/press-releases/assembly/mayor-must-press-for-oxford-street-pedestrianisati
4. GLA Act 1999, as amended, Section 77: https://www.legislation.gov.uk/ukpga/1999/29/section/77#:~:text=77%20Power%20of%20Authority%20to,E%2BW%2BS&text=(b)oppose%20any%20local%20Bill,which%20affects%20any%20such%20inhabitants.
Sections from GLA Act
Bills in Parliament
77Power of Authority to promote or oppose Bills in Parliament.
(1)The Authority may—
(a)promote a local Bill in Parliament for any purpose which is for the public benefit of the inhabitants of, or of any part of, Greater London; or
(b)oppose any local Bill in Parliament which affects any such inhabitants.
(2)Section 70 of the M29Local Government Act 1972 (prohibition on promoting Bills for changing local government areas etc) shall have effect in relation to the Authority as it has effect in relation to a local authority.
(3)The functions conferred on the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(4)The functions conferred on the Authority by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 5 to this Act.
(5)Before exercising the functions conferred on the Authority by subsection (1)(b) above, the Mayor shall consult the Assembly.
(6)No payment shall be made by the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) to the Mayor or an Assembly member for acting as counsel or agent in promoting or opposing a Bill under this section.
(7)A London borough council or the Common Council may contribute towards the expenses of the Authority in promoting a local Bill in Parliament.
Marginal Citations
78Power to request provisions in Bills promoted by London local authorities.
(1)A local Bill promoted in Parliament by a London local authority may include provisions requested by the Authority.
(2)Subsection (1) above applies only if the Authority confirms the request in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
(3)If the Authority does not confirm the request as required by subsection (2) above, it shall give notice of that fact to the London local authority promoting the Bill.
(4)Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested also by other London local authorities under section 87 of the M30Local Government Act 1985, of those provisions so far as relating to the Authority.
(5)The functions conferred or imposed on the Authority by subsections (1) to (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(6)Before exercising the functions conferred on the Authority by subsection (1) or (2) above, the Mayor shall consult the Assembly.
(7)If, in accordance with this section, the Authority requests the inclusion of provisions in a Bill promoted by a London local authority, the Authority may contribute towards the expenses of the London local authority in connection with the Bill.
(8)In consequence of the other provisions of this section, in section 87(3) of the M31Local Government Act 1985 (consequences of non-confirmation of requests by London local authorities for inclusion of provisions in Bills promoted by others) after other councils there shall be inserted “ , or by the Greater London Authority under section 78 of the Greater London Authority Act 1999, ”.
(9)In this section London local authority means—
(a)a London borough council; or
(b)the Common Council.
Marginal Citations
79Authority’s consent to inclusion of certain provisions in local Bills.
(1)A local Bill promoted in Parliament by a London local authority may include provisions which affect the exercise of statutory functions by the Authority or any of the functional bodies.
(2)Subsection (1) above applies only if the Authority—
(a)gives its written consent; and
(b)confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
(3)If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to the London local authority promoting the Bill.
(4)Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested by other London local authorities under section 87 of the M32Local Government Act 1985, of those provisions so far as relating to the Authority or the functional body concerned.
(5)The functions conferred or imposed on the Authority by subsections (2) and (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(6)Before exercising the functions conferred on the Authority by subsection (2)(a) or (b) above, the Mayor shall consult the Assembly.
(7)Nothing in this section applies in relation to provisions requested under section 78 above.
(8)In this section London local authority means—
(a)a London borough council; or
(b)the Common Council.
And TfL have their own provisions
167Power of Transport for London to promote or oppose Bills in Parliament.
(1)Transport for London—
(a)may promote a local Bill in Parliament; and
(b)may oppose any local Bill in Parliament.
(2)Subsection (1)(a) above applies only if the Authority—
(a)gives its written consent to the Bill; and
(b)confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
(3)If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to Transport for London, which shall take all necessary steps for the withdrawal of the Bill.
(4)If the Authority, in giving notice under subsection (3) above, states that it confirms its consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, Transport for London may, instead of withdrawing the Bill pursuant to subsection (3) above, take all necessary steps for the omission or, as the case may be, the amendment of the provisions in question in accordance with the notice.
(5)Without prejudice to subsections (2) to (4) above, the functions conferred on Transport for London by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 13 to this Act.
(6)Subsection (1)(b) above applies only if the Authority gives its written consent to Transport for London to oppose the Bill.
(7)If—
(a)Transport for London deposits a petition against a Bill in Parliament, but
(b)the consent required by subsection (6) above has not been given before the end of the period of 30 days following the day on which the petition is deposited,
Transport for London shall take all necessary steps for the withdrawal of the petition.
(8)The functions conferred or imposed on the Authority by this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(9)Before exercising the functions conferred on the Authority by subsection (2)(a) or (b), (4) or (6) above, the Mayor shall consult the Assembly.
London councils page on bills
London legislation
We have been instrumental in providing boroughs with new powers to tackle nuisance behaviours relating to local environmental quality.
London Local Authorities and Transport for London Act 2013
The London Local Authorities and Transport for London Act 2013 was a joint act between boroughs and TfL. It contains a series of provisions including:
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Powers to attach street signs and lampposts to buildings.
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Powers to recover the costs of damage to highways if caused by building works.
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Powers relating to enforcement of builders skips.
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Creation of an offence of interference with a barrier, for example on a gated road.
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Powers relating to the installation of electric vehicle charging points.
Code of Practice relating to attaching street signs and street lamps to building.
Information about penalty levels for builders skips enforcement can be found here.
Best practice on tackling damage to highways can be found here.
London Local Authorities Act 2012
The London Local Authorities Act 2012 received royal assent on 27 May 2012. This Act confers a range of powers upon local authorities in London, including:
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the issuing of penalty charges for littering and dog-related offences
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miscellaneous provisions related to public health, environmental protection and highways
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provision for local authorities to serve management orders on owners of houses in multiple occupation that require maintenance
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changes to the powers of entry by ‘appropriate officers’ to houses
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miscellaneous provisions for the licensing of premises.
https://www.londoncouncils.gov.uk/our-key-themes/environment/london-legislation
London Local Authorities Act 2007
The London Local Authorities Act 2007 contains several provisions allowing London councils to tackle flyposting, graffiti, littering and abandoned vehicles.
More detailed information on this Act can be found in our Rough Guide to the London Local Authorities Act 2007. We refreshed the content in June 2015 to bring it up to date.
We produced two codes of practice following the Act:
The 2007 Act introduced a decriminalised enforcement regime in London for littering from vehicles and offences relating to waste receptacles.
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Littering from vehicles: Enabling councils to serve a penalty charge notice on a vehicle owner when a littering offence has been committed by somebody inside the vehicle. Buses, coaches, taxis and private hire vehicles are exempt. We have produced a Good Practice Guide on these provisions: Provisions on the Penalty Charge Notice in relation to littering from vehicles.
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Waste receptacle related breaches: Allowing councils to set standard regulations for businesses about rubbish collection, including where to place bins and what to put into different recycling containers. Councils are able to impose a penalty charge on those who fail to comply. The government's Deregulation Act 2015 made changes to these powers from 15 June 2015. More information can be found here.