Greater London Authority Act 1999, section 30

The general power of the Authority

Part II General Functions and Procedure

(1)The Authority shall have power to do anything which it considers will further any one or more of its principal purposes.

(2)Any reference in this Act to the principal purposes of the Authority is a reference to the purposes of—

(a)promoting economic development and wealth creation in Greater London;

(b)promoting social development in Greater London; and

(c)promoting the improvement of the environment in Greater London.

(3)In determining whether or how to exercise the power conferred by subsection (1) above to further any one or more of its principal purposes, the Authority shall have regard to the desirability of so exercising that power as to—

(a)further the remaining principal purpose or purposes, so far as reasonably practicable to do so; and

(b)secure, over a period of time, a reasonable balance between furthering each of its principal purposes.

(4)In determining whether or how to exercise the power conferred by subsection (1) above, the Authority shall have regard to the effect which the proposed exercise of the power would have on [F67each of the followingF67] —

(a)the health of persons in Greater London;

[F68 (aa)health inequalities between persons living in Greater London;F68]

(b)the achievement of sustainable development in the United Kingdom,

[F69 (c)climate change, and the consequences of climate change.F69]

(5)Where the Authority exercises the power conferred by subsection (1) above, it shall do so in the way which it considers best calculated—

(a)to promote improvements in the health of persons in Greater London,

[F70 (aa)to promote the reduction of health inequalities between persons living in Greater London, F71...F70]

(b)to contribute towards the achievement of sustainable development in the United Kingdom, [F72and

(c)to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,F72]

except to the extent that the Authority considers that any action that would need to be taken by virtue of paragraph (a) [F73, (aa)F73][F74 , (b) or (c)F74] above is not reasonably practicable in all the circumstances of the case.

(6)In subsection (5)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of the power.

[F75 (6A)In subsection (5)(aa) above, the reference to promoting the reduction of health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of the power.F75]

(7)The Secretary of State may issue guidance to the Authority concerning the exercise by the Authority of the power conferred by subsection (1) above.

(8)In deciding whether or how to exercise that power, the Authority shall have regard to any guidance issued under subsection (7) above.

(9)Any guidance issued under subsection (7) above shall be published by the Secretary of State in such manner as he considers appropriate.

(10)The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

[F76 (11)In this section—

(a) “climate change” has the same meaning as in section 361A below, and

(b) in relation to climate change, “adaptation”, “consequences” and “mitigation” have the same meaning as in that section. F76]

Definitions used in section 30 6

the Authority

“the Authority” means the Greater London Authority;

Defined in s.424(1) · see it in the full Act
principal purposes

“principal purposes”, in relation to the Authority, shall be construed in accordance with section 30(2) above;

Defined in s.424(1) · see it in the full Act
health inequalities between persons living in Greater London

“health inequalities between persons living in Greater London” is to be read in accordance with section 309F above;

Defined in s.424(1) · see it in the full Act
Health inequalities

(4) “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants (see subsection (5)).

Defined in s.309F(4) · see it in the full Act

(b) subsection (4), as read with subsection (5), makes provision as to the meaning of “health inequalities”.

Defined in s.309F(2) · see it in the full Act
guidance

“guidance” means guidance in writing;

Defined in s.424(1) · see it in the full Act
Mayor

“Mayor” means Mayor of London (but see also section 85(3A) above) ;

Defined in s.424(1) · see it in the full Act

Cases considering section 30 4

McCarthy and Stone Retirement Lifestyles Ltd & Ors, R (on the application of) v Greater London Authority

[2018] EWHC 1202 (Admin) · 23 May 2018

Recognised as the principal statutory power relied on for issuing supplementary planning guidance, subject to the associated consultation requirements. (see paras [9], [75]) Required regard to the effect of exercising the GLA’s powers on the health of persons in Greater London. The court considered this duty in the context of the asserted impact of the guidance on specialist housing. (see paras [75]-[90]) Required regard to health inequalities between persons in Greater London. The court considered it alongside the public sector equality duty but rejected the challenge on the evidence. (see paras [75], [88]-[91])

West Kensington Estate Tenants and Residents Association & Anor v London Borough of Hammersmith and Fulham & Ors

[2013] EWHC 2834 (Admin) · 9 October 2013

The court held that the Mayor could publish supplementary planning guidance under his general planning functions, although he had no power to adopt an area action plan. (see paras [18]; [70]; [172])

The Mayor of London v Hall & Ors (Rev 1)

[2010] EWHC 1613 (QB) · 29 June 2010

The general power to promote improvement of the environment supported the Mayor’s statutory control and management of Parliament Square Gardens. It reinforced the conclusion that the statutory scheme conferred sufficient rights to possession and exclusion. (see para [101])

What each judgment says about section 30 is in the case-law panel in the full Act.

Explanatory note

90.Section 30 of the Act provides for the Authority to have power to do anything which will further any one or more of its principal purposes. The Act defines the GLA's principal purposes as being - to promote economic development and wealth creation in Greater London; to promote social development in Greater London; and to promote the improvement of the environment in Greater London (see sections 30(2) and 424 for interpretation).

91.In determining whether or not to exercise its power to further one or more of its principal purposes the Authority is required to consider the effect this may have on the remaining purpose or purposes – in so far as that is practicable – and, over a period of time, to secure a reasonable balance between furthering each of its principal purposes. It must consider the effects the proposed exercise of the power would have on the health of people in London, and the achievement of sustainable development in the United Kingdom. If it decides to exercise its powers it must do so in a way which is best calculated to promote improvements to the health of people in Greater London and which will contribute to the achievement of sustainable development.

92.The Authority will have to have regard to any guidance issued by the Secretary of State under section 30(7) concerning the application of the Authority's general purpose.

93.Section 31 sets out certain limitations on the exercise of the Authority’s general power. The Authority will not be able to do anything using this power which would duplicate the statutory functions of TfL, the MPA or the LFEPA, and must seek to secure that it does not duplicate the activities of the London Development Agency. It will also be unable to duplicate the statutory functions of local authorities or of other public bodies, in particular the London borough councils and the London Health Authorities. Subsection (3) specifies the services in respect of which the GLA cannot incur expenditure - including housing, education, social services or health services - where these services may be provided by a London borough, the Common Council or any other public body. Subsection (7) gives the Secretary of State a power to add to the list things which the Authority is prevented from doing in this way. Subsection (8) contains a reserve power to impose limits on the expenditure that can be incurred using the general power, and subsection (9) gives the Secretary of State powers to remove or restrict any such prohibitions imposed by this section.

94.The Mayor will however be able to use the power in section 30 to co-operate with other public authorities or bodies, or to co-ordinate or facilitate the activities of such authorities or bodies on a London-wide or a wider than local basis. This might include, with the agreement of such authorities or bodies, providing a related specialist service which would be of benefit to London as a whole.

95.To protect other authorities or bodies, organisations or individuals whose interests might be affected by the exercise of its general power, section 32 (1) requires the Authority to consult such bodies or persons as it may consider appropriate in any particular case, prior to the exercise of the power. Section 32(2) provides that, in deciding whom to consult, the Authority must consider whether or not to consult the following bodies or organisations: the London Boroughs and the Common Council; voluntary bodies whose activities benefit the whole or part of Greater London ; bodies which represent the interests of different racial, ethnic or national groups; bodies which represent different religious groups; and bodies which represent the interests of persons carrying on business in Greater London. Combined, these provisions mean that the Mayor may exercise the Authority’s general power only after he has consulted bodies or persons whose interests will be affected by the exercise of that power.

96.Section 33 requires the Authority to make appropriate arrangements with a view to securing that, in the exercise of its general power and the preparation and implementation of its strategies, there is due regard to the principle that there should be equality of opportunity for all people. It also requires the Authority to publish, annually, a report setting out the arrangements which have been put in place during the year to which the report applies and making an assessment of how effective those arrangements were in promoting equality of opportunity. Section 34 provides for the Authority to be able to do anything which is incidental to the exercise of its functions, including its general power under section 30.

All the explanatory notes for the Act

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F67Words in s. 30(4) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(2)(a), 59(7); S.I. 2008/113, art. 2(d)
  2. F68S. 30(4)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(2)(b), 59(7); S.I. 2008/113, art. 2(d)
  3. F69S. 30(4)(c) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(2), 59(7); S.I. 2008/113, art. 2(i)
  4. F70S. 30(5)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(3)(a), 59(7); S.I. 2008/113, art. 2(d)
  5. F71Word in s. 30(5)(aa) repealed (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), s. 59(7), Sch. 2; S.I. 2008/113, art. 2(m)
  6. F72S. 30(5)(c) and word inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(3)(a), 59(7); S.I. 2008/113, art. 2(i)
  7. F73Word in s. 30(5) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(3)(b), 59(7); S.I. 2008/113, art. 2(d)
  8. F74Words in s. 30(5) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(3)(b), 59(7); S.I. 2008/113, art. 2(i)
  9. F75S. 30(6A) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 23(4), 59(7); S.I. 2008/113, art. 2(d)
  10. F76S. 30(11) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 40(4), 59(7); S.I. 2008/113, art. 2(i)

Modifications

  1. C20S. 30(2) applied (15.1.2012) by Localism Act 2011 (c. 20), ss. 197(7), 240(1)(l)

Commencement

  1. I6S. 30 wholly in force at 3.7.2000; s. 30 not in force at Royal Assent see s. 425(2); s. 30(7)(9) in force at 8.5.2000 by S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2; s. 30 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