Greater London Authority Act 1999, section 41

General duties of the Mayor in relation to his strategies

Part II General Functions and Procedure

(1)This section applies to—

(a)the transport strategy prepared and published under section 142 below,

[F114 (b)the Economic development strategy for London prepared and published under section 333F below,F114]

[F115 (bb)the health inequalities strategy prepared and published under section 309E below,F115]

[F116 (bc)the London housing strategy prepared and published under section 333A below,F116]

(c)the spatial development strategy prepared and published under Part VIII below,

[F117 (ca)the London Environment Strategy,F117]

F118(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(ee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(ef). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the culture strategy prepared and published under section 376 below.

(2)The Mayor shall keep each of the strategies mentioned in subsection (1) above under review and shall make such revisions of those strategies as he considers necessary.

(3)Subsection (2) above does not apply in relation to the spatial development strategy (for which separate provision as to review is made by section 340 below).

(4)In preparing or revising any strategy mentioned in subsection (1) above, the Mayor shall have regard to—

(a)the principal purposes of the Authority;

(b)the effect which the proposed strategy or revision would have on [F119each of the followingF119] —

(i)the health of persons in Greater London;

[F120 (ia)health inequalities between persons living in Greater London;F120]

(ii)the achievement of sustainable development in the United Kingdom;

[F121 (iii)climate change, and the consequences of climate change; andF121]

(c)the matters specified in subsection (5) below.

(5)Those matters are—

(a)the need to ensure that the strategy is consistent with national policies[F122 , with the EU obligations of the United Kingdom and with such other international obligations of the United KingdomF122] as the Secretary of State may notify to the Mayor for the purposes of this paragraph;

(b)the need to ensure that the strategy is consistent with each other strategy mentioned in subsection (1) above;

(c)the resources available for implementation of the strategy; and

(d)the desirability of promoting and encouraging the use of the River Thames safely, in particular for the provision of passenger transport services and for the transportation of freight.

(6)The Mayor—

(a)in considering whether any strategy mentioned in subsection (1) above needs to be revised,

(b)in implementing any such strategy, or

(c)in exercising in relation to the spatial development strategy any of his functions under sections 334 to 341 below,

shall have regard to the matters specified in subsection (5) above.

(7)Where the Mayor prepares or revises any strategy mentioned in subsection (1) above, he shall include such of the available policies and proposals relating to the subject matter of the strategy as he considers best calculated—

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

[F123 (aa)to promote the reduction of health inequalities between persons living in Greater London, and

(b)to contribute towards the achievement of sustainable development in the United KingdomF123][F124 , and

(c)to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom,F124]

except to the extent that he considers that any action that would need to be taken by virtue of paragraph (a) [F125, (aa)F125][F126 , (b) or (c)F126] above is not reasonably practicable in all the circumstances of the case.

(8)In subsection (7)(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 strategy or revision.

[F127 (8A)In subsection (7)(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 strategy or revision.F127]

(9)The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above [F128, except the London housing strategy,F128] as he may consider appropriate, having regard to—

(a)any related targets or objectives set nationally; and

(b)any performance indicators set by the Secretary of State, whether nationally or locally, which affect the exercise of functions by authorities involved in the implementation of the strategy;

and in setting any such targets the Mayor shall seek to secure that they are not less demanding than any related targets or objectives which are set nationally.

[F129 (9A)In exercising any function the Mayor must have regard to any strategy mentioned in subsection (1) which is relevant to the exercise of that function.F129]

F130(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F132 (12)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. F132]

Definitions used in section 41 7

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
Mayor

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

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
the Authority

“the Authority” means the Greater London Authority;

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
national policies

“national policies” means any policies of Her Majesty’s government which are available in a written form and which—

(a)

have been laid or announced before, or otherwise presented to, either House of Parliament; or

(b)

have been published by a Minister of the Crown;

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

“notify” means notify in writing;

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

Cases considering section 41 3

Mayor of London v London Borough of Enfield

[2008] EWCA Civ 202 · 18 March 2008

Confirms: the Mayor’s strategies had to be consistent, so the London Plan and Municipal Waste Management Strategy addressed the relevant issue on materially consistent terms. (see paras [7]; [29])

London Borough of Islington & Ors v The Mayor of London

[2014] EWHC 751 (Admin) · 25 March 2014

Confirms the statutory framework governing the Mayor’s strategies and the requirement to have regard to listed factors, including consistency with national policies. The court found no breach of that framework (see paras [2]; [27]). Applies the requirement that the Mayor’s strategies be consistent with one another. The London Plan therefore had to be consistent with the London Housing Strategy, and the court found no unlawful inconsistency (see para [14]).

CPC Group Ltd v Qatari Diar Real Estate Investment Company

[2010] EWHC 1535 (Ch) · 25 June 2010

The court noted section 41(5)(a) as part of the statutory matters to which the Mayor had to have regard before directing refusal under the earlier planning order. It was contextual rather than independently determinative (see para [162]).

What each judgment says about section 41 is in the case-law panel in the full Act.

Explanatory note

100.The Act requires the Mayor to produce a number of strategies, including strategies in relation to transport (section 142); economic development and regeneration (section 306); spatial development (section 334); biodiversity (section 352); municipal waste management (section 353); air quality (section 362); ambient noise (section 370); and culture (section 376).

101.Section 41 sets out the strategies to which the general duties of the Mayor apply, the duty of the Mayor to review and revise the strategies, and the matters to which the Mayor must have regard in preparing, revising or implementing those strategies. In preparing, reviewing or amending the strategies, the Mayor shall have regard to the need to ensure that each of the strategies is consistent with national policy and with such international obligations as the Secretary of State may notify to the Mayor, and with the other strategies. The Mayor shall also have regard to the principal purposes of the Authority and the effect the proposed strategy or revision would have on the health of people in London and the achievement of sustainable development in the United Kingdom. The Mayor shall also have regard to the resources available to implement each strategy, the desirability of promoting the improvement of the health of Londoners and the desirability of promoting and encouraging the use of the River Thames safely – in particular for passenger transport and freight transportation. The Mayor must set such targets as he or she considers appropriate for implementing each of the strategies. In doing so the Mayor shall have regard to national targets, objectives and performance indicators, and shall seek to secure that the targets set are not less demanding than these.

102.Section 42 places a duty on the Mayor to carry out consultations in preparing or revising the strategies. The Mayor shall consult, in the first instance, the Assembly and the functional bodies, and subsequently each London borough council and the Common Council. The Mayor shall also consult any other organisation or individual he or she considers it appropriate to consult, including bodies of the descriptions in section 32(3). Subsection (6) exempts the Mayor from the duty to consult as to a proposed revision of strategies where he or she considers those revisions do not materially alter the strategy: it will be for the Mayor to decide whether or not revisions to the strategies materially alter those strategies and therefore whether or not consultation about those revisions are necessary.

103.Section 43 requires the Mayor to take steps to give adequate publicity to the strategies, to send a copy to each London Borough and the Common Council, to make the current versions of them available for public inspection at the GLA’s offices and other suitable places, and to provide them at a reasonable cost to any person who asks for them.

104.Section 44 provides for directions by the Secretary of State as respects the preparation and publication of the first strategies. Should the Secretary of State consider that the Mayor who is first elected is failing to take the necessary steps to prepare the strategies, the Secretary of State will have a reserve power to direct the Mayor to prepare and publish the strategies within a specified period of time.

All the explanatory notes for the Act

Amendments and notes

24 notes from legislation.gov.uk

Amendments

  1. F114S. 41(1)(b) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 192(3), 240(2); S.I. 2012/1008, art. 3(b) (with arts. 7, 9-11)
  2. F115S. 41(1)(bb) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(2), 59(7); S.I. 2008/113, art. 2(d)
  3. F116S. 41(1)(bc) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(2), 59(5)
  4. F117S. 41(1)(ca) inserted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 2(2)(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
  5. F118S. 41(1)(d)-(g) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 2(2)(b), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
  6. F119Words in s. 41(4)(b) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(3)(a), 59(7); S.I. 2008/113, art. 2(d)
  7. F120S. 41(4)(b)(ia) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(3)(b), 59(7); S.I. 2008/113, art. 2(d)
  8. F121S. 41(4)(iii) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(2), 59(7); S.I. 2008/113, art. 2(i)
  9. F122Words in s. 41(5)(a) substituted (3.5.2012) by Localism Act 2011 (c. 20), ss. 227(2), 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)
  10. F123S. 41(7)(aa) substituted for word (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(4)(a), 59(7); S.I. 2008/113, art. 2(d)
  11. F124S. 41(7)(c) and word inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(3)(a), 59(7); S.I. 2008/113, art. 2(i)
  12. F125Word in s. 41(7) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(4)(b), 59(7); S.I. 2008/113, art. 2(d)
  13. F126Words in s. 41(7) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(3)(b), 59(7); S.I. 2008/113, art. 2(i)
  14. F127S. 41(8A) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 24(5), 59(7); S.I. 2008/113, art. 2(d)
  15. F128Words in s. 41(9) inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(3), 59(5)
  16. F129S. 41(9A) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 227(3), 240(2); S.I. 2012/1008, art. 3(c) (with arts. 7, 9-11)
  17. F130S. 41(10) repealed (3.5.2012) by Localism Act 2011 (c. 20), ss. 227(4), 240(2), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(c)(f) (with arts. 7, 9-11)
  18. F131S. 41(11) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 2(3), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
  19. F132S. 41(12) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 41(4), 59(7); S.I. 2008/113, art. 2(i)

Modifications

  1. C30S. 41(4)(b)(c) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1
  2. C31S. 41(5) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1) (with s. 6(12)(13)); S.I. 2011/3019, art. 3, Sch. 1
  3. C32S. 41(6)(a)(b) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1
  4. C33S. 41(7)-(8A) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1
  5. C34S. 41(10)-(12) applied (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 6(11)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1