Joint Committee on Statutory Instruments Eighth Report


APPENDIX 2

Memorandum by the Department of the Environment, Transport and the Regions

GREATER LONDON LOCAL AUTHORITY ACT 1999 (TRANSITIONAL AND CONSEQUENTIAL FINANCE PROVISIONS) ORDER 1999 (S.I. 1999/3435)

  1. The Committee has requested a Memorandum on the following point -

      Article 4(2) inserts a new subsection (1A) in section 65 of the Local Government Finance Act 1992 which provides for the "relevant area, in the case of the Secretary of State" to be Greater London. The third paragraph of the Explanatory Note shows that the intended effect of the provision is to "require the Secretary of State to consult representatives of business ratepayers in London about his expenditure proposals for the Greater London Authority and functional bodies". Explain how this result is obtained by making Greater London the "relevant area".

  2. The adaptation of section 82(2) of the Greater London Authority Act 1999 by Schedule 1 to the Greater London Authority Act 1999 (Commencement No.3 and Transitional Finance Provisions) Order 1999 (S.I.1999/3434 (C.96)) made the Secretary of State a major precepting authority for limited, transitional purposes. (Copies of a part of the Order are sent herewith.)

  3. Hence subsection (3) of section 65 of the Local Government Finance Act 1992 makes the Secretary of State a "relevant authority" for the purposes of that section.

  4. Subsection (1) of section 65 describes the consultations which must be undertaken by a relevant authority "as regards hereditaments situated in the authority's area".

  5. The provision identified by the Committee (article 4(2) of the Greater London Authority Act 1999 (Transitional and Consequential Finance Provisions) Order 1999) by inserting subsection (1A) into section 65 provides that the relevant area, in the case of the Secretary of State, is Greater London. The area that is therefore relevant for the Secretary of State's consultations under the section is Greater London.

24th January 2000


 
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