xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IIU.K. General Functions and Procedure

The general and subsidiary powers of the AuthorityE+W+S

31 Limits of the general power.E+W+S

(1)The Authority shall not by virtue of section 30(1) above incur expenditure in doing anything which may be done [F1by—

(a)Transport for London;

(b)the Mayor's Office for Policing and Crime; or

[F2(c)the London Fire Commissioner.]]

[F3(1A)In determining whether to exercise the power conferred by section 30(1) above, the Authority must seek to secure that it does not incur expenditure in doing anything which is being done by a Mayoral development corporation.]

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Authority shall not by virtue of section 30(1) above incur expenditure in providing—

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any education services,

(c)any social services, or

(d)any health services,

in any case where the provision in question may be made by a London borough council, the Common Council or any other public body.

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(4A)The reference in subsection (3) above to providing any education services does not include sponsoring Academies or facilitating their sponsorship.]

(5)Any reference in subsection (3) above to the provision of social services is a reference to the exercise of [F8any social services function within the meaning of the Local Authority Social Services Act 1970]

[F9(5A)Any reference in subsection (3) above to the provision of health services does not include a reference to the provision of services or facilities for promoting improvements in, or protecting, public health.]

[F10(5B)Nothing in subsection (1)(a) above shall be taken to prevent the Authority incurring expenditure in doing anything for the purposes of, or relating to, housing or regeneration.]

(6)Nothing in subsections (1) to [F11(5A)] above shall be taken to prevent the Authority incurring expenditure in co-operating with, or facilitating or co-ordinating the activities of, the bodies mentioned in those subsections.

(7)The Secretary of State may by order amending this section make further provision for preventing the Authority from doing by virtue of section 30(1) above anything—

(a)which may be done by a London borough council, the Common Council or a public body, and

(b)which is specified, or is of a description specified, in the order.

(8)The Secretary of State may by order impose limits on the expenditure which may be incurred by the Authority by virtue of section 30(1) above.

(9)The Secretary of State may by order amending this section make provision removing or restricting any prohibitions or limitations imposed by this section on what may be done by the Authority by virtue of section 30(1) above.

Textual Amendments

F1Words in s. 31(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 45(2)

F2S. 31(1)(c) substituted (E.W.) (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 3; S.I. 2018/227, reg. 4(c)

F5S. 31(3)(a) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 186(2), 240(2), Sch. 25 Pt. 31; S.I. 2012/57, art. 4(1)(u) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

F6S. 31(4) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 186(3), 240(2), Sch. 25 Pt. 31; S.I. 2012/57, art. 4(1)(u) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

F7S. 31(4A) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 186(4), 240(2); S.I. 2012/57, art. 4(1)(u) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17)

F8Words in s. 31(5) substituted for s. 31(5)(a)(b) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 33; S.I. 2000/2849, art. 2(f)(h)

F10S. 31(5B) inserted (12.2.2015) by Infrastructure Act 2015 (c. 7), ss. 33(1), 57(5)(c) (with s. 33(2))

Commencement Information

I1S. 31 wholly in force at 3.7.2000: s. 31 in force at Royal Assent for certain purposes see s. 425(2); s. 31 in force at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3