447.Section 305 contains provisions on the delegation of functions by Ministers to the Mayor.
448.Section 6 of the RDA Act provides for the delegation of certain functions ('eligible' functions) by Ministers to RDAs and lays down the conditions under which such delegations can be made, varied and revoked. The Act inserts into the RDA Act a new section 6A, which applies to the LDA an amended version of section 6 of that Act. The new section 6A provides that a Minister will be able to delegate any eligible function to the Mayor or, with the Mayor's consent, to the LDA. The scope of the power to delegate functions to the mayor or the LDA is essentially the same as that for delegating functions to the RDAs outside London, in particular, the Minister has power to make a delegation subject to such conditions as the Minister sees fit.
449.The provisions of section 38 of the Act will also apply to the LDA. They will allow the Mayor to delegate further functions to the LDA. If powers are delegated to the LDA in this way, then the Mayor must attach conditions to the delegation to the LDA, in order to ensure that the conditions attached by the Minister to the original delegation to the Mayor will be satisfied.
450.Schedule 3 of the RDA Act will apply to delegations to the Mayor and LDA by virtue of the new section 6A inserted in the RDA Act. That Schedule provides for transfer schemes covering property, rights and liabilities, including staff contracts, which a Minister might consider it appropriate to transfer as a consequence of a function being delegated.
Commentary on Sections Part V: the London Development Agency Section 305: Delegation of functions by Ministers to the Mayor