Section 31 Limits of the general power.I1

England, Wales and Scotland

(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

(F2c)

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 F4for an area in Greater London.

F5(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

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

F6(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.

F7(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(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 F9any social services function within the meaning of the Local Authority Social Services Act 1970

F10(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.

F11(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 F12(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.

Annotations

Textual amendments

F1: Words in s. 31(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 45(2)
F2: S. 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)
F3: S. 31(1A) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 45(3)
F4: Words in s. 31(1A) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 20 para. 20(2) (with s. 102)
F5: S. 31(2) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)
F6: S. 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)
F7: S. 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)
F8: S. 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)
F9: Words 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)
F10: S. 31(5A) inserted (1.7.2012) by The Greater London Authority Act 1999 (Amendment) Order 2012 (S.I. 2012/1530), arts. 1(1), 2(2)
F11: S. 31(5B) inserted (12.2.2015) by Infrastructure Act 2015 (c. 7), ss. 33(1), 57(5)(c) (with s. 33(2))
F12: Word in s. 31(6) substituted (1.7.2012) by The Greater London Authority Act 1999 (Amendment) Order 2012 (S.I. 2012/1530), arts. 1(1), 2(3)

Commencement

I1: S. 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