Greater London Authority Act 1999, section 34

Subsidiary powers of the Authority

Part II General Functions and Procedure

(1)The Authority, acting by the Mayor, by the Assembly, or by both jointly, may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the Authority exercisable by the Mayor or, as the case may be, by the Assembly or by both acting jointly.

(2)The Authority shall not by virtue of this section raise money (whether by precepts, borrowing or otherwise) or lend money, except in accordance with the enactments relating to those matters.

Definitions used in section 34 3

the Authority

“the Authority” means the Greater London Authority;

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
the Assembly

“the Assembly” means the London Assembly (but see also section 85(3A) above) ;

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

Cases considering section 34 3

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 section 34 supplied a general statutory basis for the Mayor’s publication of supplementary planning guidance, subject to the distinction between guidance and an area action plan. (see paras [18]; [70]; [172])

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

[2010] EWHC 1613 (QB) · 29 June 2010Interprets

The subsidiary power to acquire or dispose of property or rights and to facilitate the Authority’s functions supported the Mayor’s right to possession and exclusion. It was not merely ancillary to the Parliament Square provisions. (see para [101])

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

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

Identified as a general power facilitating or assisting the exercise of the Authority’s functions. (see para [9])

What each judgment says about section 34 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Modifications

  1. C22S. 34(2) excluded (18.11.2003) by Local Government Act 2003 (c. 26), ss. 93, 128(2)(d)