(1)Any function exercisable on behalf of the Authority by the Mayor under or by virtue of this Part shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
(2)Those bodies and persons are—
(a)the Deputy Mayor;
(b)any member of staff of the Authority;
(c)the Cultural Strategy Group for London;
F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)the Common Council;
(f)any local authority.
(3)In the case of the Common Council or a local authority, an authorisation under this section—
(a)may only be granted or varied with its written consent; and
(b)shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.
(4)[F2Subject to subsection (5A), where], by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
(5)[F3Subject to subsection (5A), subsection] (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by—
(a)a committee or sub-committee, or a member, officer or employee, of the body or person, or
(b)a joint committee on which the person or body is represented,
except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
[F4(5A)Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by a local authority which are operating executive arrangements—
(a)that duty shall be treated as a function of that local authority for the purposes of section 13 of the Local Government Act 2000; and
(b)if, or to the extent that, that duty is a function which is the responsibility of the executive of that authority,
(i)subsections (4) and (5) above shall not apply; and
(ii)sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.]
(6)Subsection (1) above does not apply—
(a)in relation to functions under this section;
[F5(aa)in relation to any function of making an appointment in a case where section 377A above applies; or]
(b)in relation to any function of making byelaws under section 385(1) below.
(7)An authorisation under subsection (1) above which relates to—
(a)any function under section 376 above, or
(b)the exercise of any function under or by virtue of section 383(1) or 384(3) below to the extent that it involves a determination as to whether to permit a public demonstration to take place in Trafalgar Square or Parliament Square Garden,
may only be given to the Deputy Mayor or a member of staff of the Authority.
(8)An authorisation under subsection (1) above which relates to any function of enforcing any byelaws made under section 385(1) below may only be given—
(a)to the Deputy Mayor,
(b)to any member of staff of the Authority,
(c)to the Common Council,
(d)to any local authority.
(9)Each of the following bodies, namely—
(a)the Cultural Strategy Group for London,
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the Common Council,
(d)any local authority,
shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
(10)Subsections (3) and (4) of section 101 of the M1Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor—
(a)to a local authority, [F7or]
(b)to the Cultural Strategy Group for London, F8...
F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as they apply to arrangements under that section between one local authority and another.
(11)An authorisation under this section may be varied or revoked at any time by the Mayor.
(12)Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
(13)In this section—
[F9“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;]
M2“Trafalgar Square” has the same meaning as in the Trafalgar Square Act 1844;
“Parliament Square Garden” means the central garden of Parliament Square, within the meaning of section 384 below.
Textual Amendments
F1S. 380(2)(d) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F2Words in s. 380(4) substituted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(a)
F3Words in s. 380(5) substituted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(b)
F4S. 380(5A) inserted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(c)
F5S. 380(6)(aa) substituted for word "or" at the end of paragraph (a) (23.10.2007 for specified purposes, 6.4.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 51(2), 59(4)(b); S.I. 2008/582, art. 2(d)
F6S. 380(9)(b) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F7Word in s. 380(10) inserted (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 20 para. 8; S.I. 2012/628, art. 4(c)
F8S. 380(10)(c) and word repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F9Definitions of “executive” and “executive arrangements” in s. 380(13) inserted (11.7.2001) by S.I. 2001/2237, arts. 2(u), 37(d)
Marginal Citations