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Statutory Instruments

2003 No. 530

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Best Value) Performance Indicators and Performance Standards Order 2003

Made

6th March 2003

Laid before Parliament

11th March 2003

Coming into force

1st April 2003

The First Secretary of State, in exercise of the powers conferred upon him by sections 4(1) and (2) and 28(1)(b) of the Local Government Act 1999(1), and all other powers enabling him in that behalf, and having consulted, in accordance with section 4(3) of that Act, persons appearing to him to represent best value authorities concerned and such other person as he thought fit, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards Order 2003 and shall come into force on 1st April 2003.

(2) In this Order—

“the Act” means the Local Government Act 1999;

“DETR” means the Department of the Environment, Transport and the Regions;

“ODPM” means the Office of the Deputy Prime Minister;

“fire authority” means—

(a)

a fire authority constituted by a combination scheme;

(b)

a metropolitan county fire and civil defence authority;

(c)

the London Fire and Emergency Planning Authority;

(d)

The Council of the Isles of Scilly in its capacity as a fire authority; or

(e)

a county council acting as the fire authority for its area under the provisions of section 4 of the Fire Services Act 1947(2);

“highway authority” has the meaning given in section 1(2) and (3) of the Highways Act 1980(3);

“unitary council” means a district council, a county council or a London borough council which is the sole principal council for its local government area;

“principal council” means a council elected for a principal area as defined in section 270 of the Local Government Act 1972(4); and

“waste collection authority” has the same meaning as in section 30(3) of the Environmental Protection Act 1990(5).

(3) In this Order a reference to a numbered indicator or standard in a particular Schedule is to the indicator or standard so numbered in column 1 of that Schedule and which is described in column 2 of that Schedule.

Application

2.  This order applies—

(a)in relation to England, to all best value authorities; and

(b)in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the Act (police and fire authorities).

General corporate health performance indicators

3.—(1) The performance of the best value authorities specified in paragraph (2), in exercising all of their functions, shall be measured by reference to indicators 1 to 16 in Schedule 1 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a)metropolitan district councils;

(b)non-metropolitan district councils;

(c)the Council of the Isles of Scilly;

(d)London borough councils;

(e)the Common Council of the City of London in its capacity as a local authority; and

(f)unitary councils.

(3) The performance of the Greater London Authority in exercising all of those of its functions which are exercised through the Mayor shall be measured by reference to indicators 2, 5 to 7 and 10 to 15 in Schedule 1 to this Order.

(4) The performance of Transport for London, in exercising all of its functions, shall be measured by reference to indicators 2, 5 to 7 and 10 to 15 in Schedule 1 to this Order.

(5) The performance of the London Development Agency, in exercising all of its functions, shall be measured by reference to indicators 2, 5 to 7 and 10 to 15 in Schedule 1 to this Order.

(6) The performance of county councils, in exercising all of their functions, shall be measured by reference to indicators 1 to 7 and 10 to 16 in Schedule 1 to this Order.

(7) The performance of National Park authorities and the Broads authority, in exercising all of their functions, shall be measured by reference to indicators 5 to 7 and 11 to 15 in Schedule 1 to this Order.

(8) The performance of fire authorities, in exercising all of their functions, shall be measured by reference to indicators 2, 3, 6, 7, 10, 11, 13 and 15 in Schedule 1 to this Order.

(9) The performance of waste disposal authorities established under section 10 of the Local Government Act 1985(6), in exercising all of their functions, shall be measured by reference to indicators 5 to 7 and 10 to 15 in Schedule 1 to this Order.

(10) The performance of metropolitan county passenger transport authorities, in exercising all of their functions, shall be measured by reference to indicators 2, 7 and 10 to 15 in Schedule 1 to this Order.

Performance indicators for community safety

4.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community safety, shall be measured by reference to indicators 1 to 6 in Schedule 2 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a)metropolitan district councils;

(b)non-metropolitan district councils;

(c)the Council of the Isles of Scilly;

(d)London borough councils;

(e)the Common Council of the City of London in its capacity as a local authority;

(f)unitary councils; and

(g)county councils.

(3) The performance of police authorities, in exercising their community safety functions, shall be measured by reference to indicators 1 to 3 in Schedule 2 to this Order.

Performance indicators for education

5.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their education functions, shall be measured by reference to indicators 1 to 17 in Schedule 3 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a)county councils;

(b)the Council of the Isles of Scilly;

(c)the Common Council of the City of London in its capacity as a local authority;

(d)London borough councils;

(e)metropolitan district councils; and

(f)unitary councils.

Performance indicators for social services

6.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their social services functions, shall be measured by reference to indicators 1 to 13 in Schedule 4 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a)county councils;

(b)the Common Council of the City of London in its capacity as a local authority;

(c)the Council of the Isles of Scilly;

(d)London borough councils;

(e)metropolitan district councils; and

(f)unitary councils.

Performance indicators for housing and related services

7.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to housing and housing related services, shall be measured by reference to indicators 1 to 10 in Schedule 5 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a)the Common Council of the City of London in its capacity as a local authority;

(b)the Council of the Isles of Scilly;

(c)metropolitan district councils;

(d)non-metropolitan district councils;

(e)London borough councils; and

(f)unitary councils.

(3) For the purposes of the indicators specified by this article “dwelling ” is a building, or part of a building which forms a separate, or reasonably separate and self contained, set of premises designed to be occupied by a single household including non-permanent housing such as caravans, mobile homes and houseboats available for all year round occupation; a group of bedsits (single rooms without exclusive use of bath or toilet) sharing facilities counts as one dwelling.

Performance indicators for housing benefit and council tax benefit

8.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to housing benefit and council tax benefit, shall be measured by reference to indicators 1 to 7 in Schedule 6 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a)the Common Council of the City of London in its capacity as a local authority;

(b)the Council of the Isles of Scilly;

(c)metropolitan district councils;

(d)non-metropolitan district councils;

(e)London borough councils; and

(f)unitary councils.

Performance indicators for environmental services

9.—(1) The performance of waste disposal authorities, in exercising all of their functions, shall be measured by reference to indicators 1 to 5, 7 and 8 to 11 in Schedule 7 to this Order.

(2) The performance of waste collection authorities, in exercising all of their functions, shall be measured by reference to indicators 1, 2, 5, 6 and 8 to 11 in Schedule 7 to this Order.

Performance standards for waste authorities

10.—(1) A waste disposal authority which achieved, in the financial year beginning with 1st April 1998—

(a)a recycling and composting rate specified in column (1) of Part I of Schedule 8 to this Order shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2003 the standard specified in the corresponding entry in column (2) of that Part;

(b)a recycling and composting rate specified in column (1) of Part 2 of that Schedule shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2005 the standard specified in the corresponding entry in column (2) of that Part.

(2) For the purposes of this article, the recycling and composting rate for an authority is that which is set out for the authority in the document published by the DETR entitled “Guidance on Municipal Waste Management Strategies ”(7); (published on 5th March 2001); and an authority which is stated in that document to have failed to supply to the DETR adequate details of the recycling and composting rates is treated for the purposes of—

(a)paragraph (1)(a) of this article and Part I of Schedule 8 to this Order as having a recycling and composting rate of 16% or more; and

(b)paragraph (1)(b) of this article and Part II of that Schedule as having a recycling and composting rate of 19% or more.

(3) For the purposes of this article “waste authority” means a waste collection authority or a waste disposal authority.

Performance indicators for transport

11.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their transport functions, shall subject to paragraph (3), be measured by reference to indicators 1 to 11 in Schedule 9 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a)county councils;

(b)the Common Council of the City of London in its capacity as a local authority;

(c)the Council of the Isles of Scilly;

(d)London borough councils; and

(e)Transport for London.

(3) The performance of highways authorities, with the exception of inner London borough councils, in exercising their highways functions, shall, in addition to any indicators mentioned in paragraph (1) be measured by reference to indicator 7 in Schedule 9 to this Order.

(4) The performance of metropolitan district councils, in exercising their transport functions, shall be measured by reference to indicators 1 to 3 and 5 to 11 in Schedule 9 to this Order.

(5) The performance of metropolitan county passenger transport authorities, in exercising their transport functions, shall be measured by reference to indicators 4, 10 and 11 in Schedule 9 to this Order.

Performance indicators for planning

12.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their planning functions, shall be measured by reference to indicators 1 to 7 in Schedule 10 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a)the Common Council of the City of London in its capacity as a local authority;

(b)the Council of the Isles of Scilly;

(c)metropolitan district councils;

(d)London borough councils;

(e)non-metropolitan district councils; and

(f)unitary councils.

(3) The performance of the best value authorities specified in paragraph (4), in exercising their planning functions, shall be measured by reference to indicators 1 to 3 and 5 to 7 in Schedule 10 to this Order.

(4) The best value authorities specified for the purposes of paragraph (3) are—

(a)county councils which are not unitary councils;

(b)the Broads authority; and

(c)National park authorities.

Performance standards for planning

13.—(1) The best value authorities specified in paragraph (2), in exercising their planning functions shall, in relation to indicator 3(a) (major applications) in Schedule 10 to this Order, meet standard 1 as specified in Schedule 11 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are:

(3) The best value authorities specified in paragraph (4), in exercising their planning functions, shall in relation to indicator 3(b) (minor applications) in Schedule 10 to this Order meet standard 2 as specified in Schedule 11 to this Order.

(4) The best value authorities specified for the purposes of paragraph (3) are—

(5) The best value authorities specified in paragraph (6), in exercising their planning functions, shall, in relation to indicator 3(c) (other applications) in Schedule 10 to this Order meet standard 3 as specified in Schedule 11 to this Order.

(6) The best value authorities specified for the purposes of paragraph (5) are—

Performance indicators for environmental health and trading standards

14.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their environmental health and trading standards functions, shall be measured by reference to the indicator contained in Schedule 12 to this Order.

(2) The best value authorities specified for the purpose of paragraph (1) are—

(a)county councils;

(b)the Common Council of the City of London, in its capacity as a local authority;

(c)the Council of the Isles of Scilly;

(d)London borough councils;

(e)metropolitan district councils;

(f)non-metropolitan district councils; and

(g)unitary councils.

Performance indicators for cultural and related services

15.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to cultural and related services, shall be measured by reference to indicators 1 to 5 in Schedule 13 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a)county councils;

(b)metropolitan district councils; and

(c)unitary councils;

(3) The performance of non-metropolitan district councils, in exercising their functions in relation to cultural and related services, shall be measured by reference to indicator 1, in Schedule 13 to this Order.

(4) The performance of the Greater London Authority, in exercising those of its functions which are exercised through the Mayor, in relation to cultural and related services, shall be measured by reference to indicator 1 in Schedule 13 to this Order.

(5) The performance of the Council of the Isles of Scilly, in exercising its functions in relation to cultural and related services, shall be measured by reference to indicators 1 to 4 in Schedule 13 to this Order.

(6) The performance of London borough councils, in exercising all of their functions in relation to cultural and related services, shall be measured by reference to indicators 1 and 3 to 5 in Schedule 13 to this Order.

Performance indicators for fire services

16.  The performance of fire authorities, in exercising their functions in respect of the provision of fire services, shall be measured by reference to indicators 1 to 11 in Schedule 14 to this Order.

Performance indicators for community legal services

17.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community legal services, shall be measured by reference to the indicator in Schedule 15 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a)county councils;

(b)the Common Council of the City of London in its capacity as a local authority;

(c)the Council of the Isles of Scilly;

(d)London borough councils;

(e)metropolitan district councils;

(f)non-metropolitan district councils; and

(g)unitary councils.

Community well-being performance indicators

18.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community well-being, shall be measured by reference to indicators 1 and 2 in Schedule 16 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a)metropolitan district councils;

(b)non-metropolitan district councils;

(c)the council of the Isles of Scilly;

(d)the Common Council of the City of London, in its capacity as a local authority;

(e)London borough councils;

(f)unitary councils; and

(g)county councils.

Revocation

19.  The Local Government (Best Value) Performance Indicators and Performance Standards Order 2002(8) is hereby revoked.

Signed by authority of the First Secretary of State

Christopher Leslie

Parliamentary Under Secretary of State, Office of the Deputy Prime Minister.

Dated this 6th day of March 2003

Article 3

SCHEDULE 1GENERAL CORPORATE HEALTH PERFORMANCE INDICATORS

Indicator NumberDescription of indicator
1The establishment of a timetable for the preparation of a community strategy(9).
2

(a)The level (if any) of the “equality standard” for local government(10) and(11) to which the authority conforms; and

(b)the level to which the authority complies with the duty to promote race equality(12).

3Overall user satisfaction with the authority.
4Satisfaction with complaint handling.
5The percentage of authority buildings open to the public in which all areas are suitable for and accessible to disabled people.
6The number of types of transactions that can be delivered electronically as a percentage of the types of transactions for which electronic delivery is legally permissible.
7The percentage of invoices for commercial goods and services which were paid by the authority within 30 days of such invoices being received by the authority.
8The percentage of council tax due to the authority for the financial year beginning April 1st 2003 which were received by the authority.
9The percentage of non-domestic rates due for the financial year beginning April 1st 2003 which were received by the authority.
10

(a)The percentage of top five percent of earners that are women.

(b)The percentage of top five percent of earners that come from black or minority ethnic groups.

11The average number of working days/shifts lost due to sickness absence.
12The percentage of employees retiring early (excluding ill-health retirements) as a percentage of the total work force.
13The percentage of employees retiring on grounds of ill health as a percentage of the total workforce.
14The percentage of employees declaring that they meet the Disability Discrimination Act 1995(13) disability definition within the authority workforce compared with the percentage of the economically active disabled people in the authority’s area.
15The percentage of employees from black or minority ethnic groups within the authority’s workforce compared with the percentage of economically active minority ethnic community population in the authority’s area.
16

(a)Energy consumption in the authority’s operational buildings compared with comparable United Kingdom buildings; and

(b)average lamp circuit wattage, compared with average consumption wattage by similar authorities in the United Kingdom.

Article 4

SCHEDULE 2COMMUNITY SAFETY PERFORMANCE INDICATORS

Indicator NumberDescription of indicator
1Domestic burglaries per 1,000 households and percentage detected.
2

Violent crimes per 1,000 population and percentage detected, broken down to show—

(i)

violent offences committed by a stranger per 1,000 population;

(ii)

violent offences committed in a public place per 1,000 population;

(iii)

violent offences committed in connection with licensed premises per 1,000 population;

(iv)

violent offences committed under the influence of an intoxicating substance per 1,000 population; and

(v)

in respect of local authorities and police authorities in Greater Manchester, Merseyside, Metropolitan, West Midlands and West Yorkshire, robberies per 1,000 population and percentages of these that are detected.

3Vehicle crimes per 1,000 population and percentage detected.
4The number of racial incidents recorded by the authority per 100,000 population.
5The percentage of recorded racial incidents that resulted in further action.
6The number of domestic violence refuge places per 10,000 population which are provided or supported by the authority.

Article 5

SCHEDULE 3EDUCATION PERFORMANCE INDICATORS

Indicator NumberDescription of indicator
1Youth Service expenditure per head of population in the Youth Service target age range.
2The percentage of primary schools with 25% or more of their places unfilled.
3The percentage of secondary schools with 25% or more of their places unfilled.
4Quality of teaching for early years and childcare services.
5How the authority’s schools budget compares with its Schools Funding Assessment.
6The percentage of pupils in schools maintained by the local education authority achieving level 5 or above in the Key Stage 2 English and Mathematics tests.
7The percentage of fifteen year old pupils in schools maintained by the local education authority achieving five or more GCSEs at grades A* to C or equivalent.
8The percentage of fifteen year old pupils in schools maintained by the local education authority achieving five or more GCSEs at grades A* to G or equivalent.
9The percentage of pupils in schools maintained by the local education authority achieving Level 4 or above in the Key Stage 2 Mathematics test.
10The percentage of pupils in schools maintained by the local education authority achieving Level 4 or above in the Key Stage 2 English test.
11

The percentage of statements of special educational need issued by the local education authority in a financial year and prepared within 18 weeks—

(a)

excluding exception cases; and

(b)

including those affected by “exceptions to the rule” under Special Educational Needs code of practice(14).

12The number of pupils permanently excluded during the year from all schools maintained by the local education authority per 1,000 pupils at all maintained schools.
13The percentage of half days missed due to absence, in primary schools maintained by the local education authority.
14The percentage of half days missed due to absence, in secondary schools maintained by the local education authority.
15The percentage of schools maintained by the local education authority subject to special measures as referred to in section 13(9) of the School Inspections Act 1996(15).
16

The percentage of permanently excluded pupils attending alternative tuition of—

(a)

5 hours or less;

(b)

6–12 hours;

(c)

13–19 hours; or

(d)

20 hours or more.

17

Percentage of 14 year old pupils in schools maintained by the local education authority achieving level 5 or above in Key Stage 3 test in;

(a)

English;

(b)

Mathematics;

(c)

Science;

(d)

Information and communications technology (ICT).

Article 6

SCHEDULE 4SOCIAL SERVICES PERFORMANCE INDICATORS

Indicator NumberDescription of indicator
1The stability of placements of children looked after by the authority by reference to the percentage of children looked after on 31st March in any year with three or more placements during the year.
2Educational qualifications of children looked after by the authority by reference to the percentage of young people leaving care aged sixteen or over with at least 1 GCSE at grades A* to G, or General National Vocational Qualification (GNVQ).
3The percentage of those young people who were looked after on 1st April in their seventeenth year (aged sixteen), who were engaged in education, training or employment at the age of nineteen.
4Costs of services for children looked after by the authority by reference to the gross weekly expenditure per looked-after child in foster care or in a children’s home.
5Cost of intensive social care for adults and older people by reference to the average gross weekly cost of providing care for adults and peopled aged 65 and over.
6Intensive home care per 1,000 population of aged 65 and over.
7People aged 65 and over helped to live at home per 1,000 population.
8The percentage of child protection cases which should have been reviewed during the year that were reviewed.
9The number of looked after children adopted during the year as a percentage of the number of children looked after at 31st March who had been looked after for 6 months or more at that date.
10The percentage of items of equipment delivered within 7 working days.
11The percentage of people receiving a statement of their needs and how they will be met.
12Acceptable waiting times for assessment.
13Acceptable waiting times for care packages.

Article 7

SCHEDULE 5HOUSING PERFORMANCE INDICATORS

Indicator NumberDescription of indicator
1The proportion of unfit private sector dwellings made fit or demolished, during year beginning 1st April 2003 as a direct result of action by the local authority.
2Energy Efficiency; the average “Standard Assessment Procedure (SAP)” rating of local authority owned dwellings (the procedure for determining SAP ratings is described in the document entitled “Government’s Standard Assessment Procedure for Energy Rating of Dwellings” (2001 edition)(16).
3The number of private sector dwellings that are reoccupied or demolished during the financial year beginning April 1st 2003 as a direct result of action by the local authority.
4Local authority rent collection and arrears; proportion of rent collected.
5

Satisfaction of tenants of council housing with the overall service provided by their landlord, with results broken down by—

(a)

black and minority ethnic tenants; and

(b)

non black and non minority ethnic tenants.

6

Average length of stay in—

(a)

bed and breakfast accommodation; and

(b)

hostel accommodation,

of households which include a dependent child or a pregnant woman and which are unintentionally homeless and in priority need.

7

Proportion of local authority homes, which are—

(a)

non decent as at April 1st 2003; and

(b)

the percentage change in proportion of non decent local authority homes between 1st April 2003 and 1st April 2004.

8The percentage of responsive (but not emergency) repairs during the year beginning 1st April 2003, for which the authority both made and kept an appointment.
9Whether the authority follows the Commission for Racial Equality’s Code of Practice in Rented Housing published in 1995(17) and follows the Good Practice Standards for Social Landlords on tackling Harassment including in Tackling Racial Harassment: the code of Practice for Social Landlords(18).
10

Satisfaction of tenants of council housing with opportunities for participation in management and decision making in relation to housing services provided by their landlord with results broken down by—

(a)

black and minority ethnic tenants; and

(b)

non black and non minority ethnic tenants.

Article 8

SCHEDULE 6HOUSING BENEFIT AND COUNCIL TAX BENEFIT PERFORMANCE INDICATORS

Indicator NumberDescription of indicator
1

Security;

The numbers per thousand of housing benefit and council tax cases currently administered by the authority, of—

(a)

claimants visited;

(b)

fraud investigators in post;

(c)

fraud investigations undertaken; and

(d)

convictions from prosecutions or sanctions imposed.

2

The speed of processing:

the average time for processing new claims.

3

The speed of processing:

the average time for processing notifications of changes of circumstances.

4

The speed of processing:

the percentage of renewal claims processed on time.

5

The accuracy of processing:

the percentage of cases for which the calculation of the amount of benefit due was correct on the basis of the information available for the determination for a sample of cases checked post-determination.

6

The accuracy of processing;

the percentage of recoverable overpayments (excluding Council Tax Benefit) that were recovered in the year.

7Level of satisfaction with the benefits service.

Article 9

SCHEDULE 7ENVIRONMENTAL INDICATORS

Indicator NumberDescription of indicator
1The percentage of the total tonnage of household waste arisings which have been sent by the authority for recycling.
2The percentage of the total tonnage of household waste arisings which have been sent by the authority for composting.
3The percentage of the total tonnage of household waste arisings which have been used to recover heat, power and other energy sources.
4The percentage of the total tonnage of household waste arisings which have been land-filled.
5The number of kilograms of household waste collected per head.
6The cost of waste collection per household.
7The cost of waste disposal per tonne for municipal waste.
8The percentage of population resident in the authority’s area which are served by a kerbside collection of recyclables or within 1 kilometre radius of a recycling centre.
9Local street and environmental cleanliness.
10

Satisfaction with—

(a)

waste collection;

(b)

waste recycling facilities; and

(c)

waste disposal.

11Percentage of people satisfied with the cleanliness standards in their area.

Article 10

SCHEDULE 8WASTE PERFORMANCE STANDARDS

Part 1Financial year 2003/2004

Column (1)Column (2)
Authority’s 1998/1999 recycling and composting rate2003/2004 standard
5% or lessAt least 10% of waste collected is sent for recycling or composting.
More than 5% but less than 16%The percentage of household waste sent for recycling or composting is at least double that achieved for the financial year beginning with April 1st 1998.
16% or more(19)At least 33% of household waste collected is sent for recycling or composting.

Part 2Financial year 2005/2006

Column (1)Column (2)
Authority’s 1998/1999 recycling and composting rate2005/2006 standard
6% or lessAt least 18% of household waste collected, is sent by the authority for recycling or composting.
More than 6% but less than 13%The percentage of household waste sent by the authority for recycling or composting (calculated in accordance with indicators 1 and 2 in Schedule 7) of at least treble that achieved for the financial year that commenced on the 1st April 1998.
13% or more but less than 19%At least 36% of household waste collected, is sent by the authority for recycling or composting (calculated in accordance with indicators 1 and 2 in Schedule 7).
19% or moreAt least 40% of household waste collected, is sent by the authority for recycling or composting (calculated in accordance with indicators 1 and 2 in Schedule 7).

Article 11

SCHEDULE 9TRANSPORT PERFORMANCE INDICATORS

Indicator NumberDescription of indicator
1The condition of principal roads.
2The condition of non-principal roads.
3

Road safety: The number of road casualties per 100,000 population broken down by—

(a)

nature of the casualties; and

(b)

road user type.

4Local bus services (passenger journeys per year).
5

Roads not needing major repair:

(a)

the percentage of the principal road network where major structural treatment is not considered necessary divided by the authority’s average structural expenditure per kilometre on the principal road network over the past three years; and

(b)

the percentage of the non-principal road network where major structural treatment is not considered necessary divided by the authority’s average structural expenditure per kilometre on the non-principal road network over the past three years.

6The percentage of pedestrian crossings with facilities for disabled people.
7The percentage of total length of footpaths and other rights of way which were easy to use by members of the public.
8Condition of the surface of footway.
9The number of days of temporary traffic controls or road closure of traffic sensitive roads caused by road works, per kilometre, of traffic sensitive roads.
10Satisfaction with transport information.
11Satisfaction with local bus services.

Article 12

SCHEDULE 10PLANNING PERFORMANCE INDICATORS

Indicator NumberDescription of indicator
1The percentage of new homes built on previously developed land.
2Planning cost per head of population.
3

The percentage of applications determined in line with the governments control targets to determine, during the financial year beginning 1st April 2003—

(a)

percentage of major applications determined within 13 weeks;

(b)

percentage of minor applications determined within 8 weeks; and

(c)

percentage of other applications determined within 8 weeks.

4The percentage of standard searches carried out in 10 working days or less.
5The number of decisions delegated to officers as a percentage of all decisions.
6Satisfaction with the planning service by those making a planning application.
7

(a)Does the authority have a development plan that has been adopted, or alterations that have been adopted, in the last five years where the end date of the plan has not expired?

(b)If no, does the authority have proposals for an alteration or replacement, with a published timetable for adopting those alterations or the replacement plan within three years beginning on 1st April 2003.

Article 13

SCHEDULE 11PLANNING STANDARDS

Standard NumberDescription of standard
1That, during the financial year beginning 1st April 2003, fifty percent of major applications must be determined within thirteen weeks.
2That, during the financial year beginning 1st April 2003, fifty five percent of minor applications must be determined within eight weeks.
3That, during the financial year beginning 1st April 2003, seventy percent of other applications must be determined within eight weeks.

Article 14

SCHEDULE 12ENVIRONMENTAL HEALTH AND TRADING STANDARDS PERFORMANCE INDICATOR

Score against a checklist of enforcement best practice for environmental health/trading as set out in the document published in January 2003 by ODPM entitled “Best Value Performance Indicators Guidance 2003/2004”(20).

Article 15

SCHEDULE 13CULTURAL AND RELATED SERVICES PERFORMANCE INDICATORS

Indicator NumberDescription of indicator
1The adoption by the authority of a local cultural strategy.
2The percentage of library users who found the book or information they wanted and were satisfied with the outcome.
3The number of physical visits per 1,000 population to public library premises.
4

(a)The number of visits to/usage of museums per 1,000 population;

(b)the number of those visits that were in person per 1,000 population; and

(c)the number of pupils visiting museums and galleries in organised school groups.

5Satisfaction with cultural and recreational services and activities.

Article 16

SCHEDULE 14FIRE SERVICES PERFORMANCE INDICATORS

Indicator NumberDescription of indicator
1

The number of calls to fire attended:

(a)

total calls (excluding false alarms) per 10,000 population;

(b)

primary fires per 10,000 population;

(c)

accidental fires in dwellings per 10,000 dwellings.

2

The number of—

(a)

deaths; and

(b)

injuries (excluding precautionary checks),

arising from accidental fires in dwellings per 100,000 population.

3Accidental fire in dwellings confined to room of origin in major cities and classified as “A risk” according to the categories set out in Fire Service Circular 4/1985(21).
4Accidental fire in dwellings confined to room of origin in smaller cities/larger towns and classified as “B risk” according to the categories set out in Fire Service Circular 4/1985.
5Accidental fire in dwellings confined to room of origin in smaller towns and urban residential areas and classified as “C risk” according to the categories set out in Fire Service Circular 4/1985.
6Accidental fire in dwellings confined to room of origin in rural village areas and classified as “D risk” according to the categories set out in Fire Service Circular 4/1985.
7The percentage of calls to fires at which national standards for attendance were met.
8The number of calls to malicious false alarms per 1,000 population.
9The average time taken by fire authorities to issue fire safety certificates.
10False alarms caused by automatic fire detection apparatus per 1,000 non-domestic properties.
11Expenditure per head of population on the provision of fire and rescue services.

Article 17

SCHEDULE 15COMMUNITY LEGAL SERVICE PERFORMANCE INDICATOR

Description of indicator
Percentage of the authority’s expenditure on legal and advice services which is spent on services that have been awarded the Quality Mark as set out in the Legal Services Commission publication “quality mark standard ”(22) and meets a priority legal need identified in the Community Legal Service Partnership Strategic Plan.

Article 18

SCHEDULE 16COMMUNITY WELL-BEING PERFORMANCE INDICATORS

Indicator NumberDescription of indicator
1Change in conception rate in women below the age of eighteen years.
2Participation of problem drug misusers in drug treatment programmes.

Explanatory Note

(This note is not part of the Order)

Part I of the Local Government Act 1999 imposes requirements on local authorities and other authorities (the best value authorities listed in section 1 of that Act) relating to economy, efficiency and effectiveness in exercise of their functions (Best Value). Section 4(1) of that Act confers a power on the Secretary of State to specify by Order best value performance indicators and standards. This Order specifies performance indicators by reference to which a best value authority’s performance in exercising functions can be measured. The Order also specifies standards in respect of particular functions and particular best value authorities.

Further details of the Indicators and Standards can be found in “Best Value Performance Indicators Guidance 2003/2004”.

The Order revokes and replaces the Local Government (Best Value) Performance Indicators and Performance Standards Order 2002.

The performance indicators specified in this Order apply in respect to the best value authorities specified in articles 3 to 9, 11, 12 and 14 to 18 of the Order and in relation to indicators specified in those articles.

The performance standards specified in this Order apply in respect to the best value authorities specified in articles 10 and 13 and in relation to the indicators specified in those articles.

Article 3 of and Schedule 1 to the Order refer to general indicators which apply in respect of all the functions of best value authorities listed in that article.

Article 4 of and Schedule 2 to the Order refer to community safety indicators which apply to the best value authorities specified in that article in relation to their community safety function.

Article 5 of and Schedule 3 to the Order refer to education indicators which apply to the authorities listed in that article in relation to their education function.

Article 6 of and Schedule 4 to the Order refer to social services indicators which apply to the authorities listed in that article in relation to their social services function.

Article 7 of and Schedule 5 refer to housing and related services indicators which apply to the authorities listed in that article in relation to their housing function.

Article 8 of and Schedule 6 to the Order refer to housing benefit and council tax benefit indicators which apply to the authorities listed in that article in relation to their housing benefit and council tax benefit function.

Article 9 of and Schedule 7 to the Order refer to environmental services indicators which apply to the authorities listed in that article in relation to their environmental services function.

Article 10 of and Schedule 8 to the Order refer to waste standards which apply to the authorities listed in that article in relation to their waste function.

Article 11 of and Schedule 9 to the Order refer to transport indicators which apply to the authorities listed in that article in relation to their transport function.

Article 12 of and Schedule 10 to the Order refer to planning indicators which apply to the authorities listed in that article in relation to their planning function.

Article 13 of and Schedule 11 to the Order refer to planning standards which apply to the authorities listed in that article in relation to their planning function.

Article 14 of and Schedule 12 to the Order refer to environmental health and trading standards indicator which applies to the authorities listed in that article in relation to their environmental health and trading standards function.

Article 15 of and Schedule 13 to the Order refer to cultural services indicators which apply to the authorities listed in that article in relation to their cultural services function.

Article 16 of and Schedule 14 to the Order refer to fire services indicators which apply to fire authorities in England and Wales.

Article 17 of and Schedule 15 to the Order refer to a community legal service indicator which applies to the authorities listed in that article in relation to their community legal services function.

Article 18 of and Schedule 16 to the Order refer to community well-being indicators which apply to the authorities listed in that article in relation to their community well-being functions.

This Order refers to a number of documents which are relevant to the various performance indicators and performance standards. Details of how to obtain copies of those documents are set out below.

Article 10 to the Order

“Municipal Waste Management Strategies” was published by the DETR (1st March 2001). This is available from the web site; www.defra.gov.uk/environment/waste/management/guidance/mwms/01.htm.

Schedule 1 to the Order

“The Equality Standard for Local Government” (2002, The Employers' Organisation for Local Government)—developed by Stuart Speeden and Dr Julian Clarke, reporting to a Steering group of members from the Commission for Racial Equality, the Disability Rights Commission, the Equal Opportunities Commission and the Employers' Organisation for Local Government, with assistance from the Audit Commission.

“The Equality Standard for Local Government: Guidance 1: Audit and Self-assessment”.

Both Equality Standard publications are available from:

The Employers' Organisation for Local Government

Layden House

76–86 Turnmill Street

London EC1M 5LG

“Best Value Performance Indicators Guidance 2003/2004.” This is published by ODPM and is available from free literature, PO Box 236, Wetherby, LS23 7NB. www.odpm.gov.uk.

Schedule 5 to the Order

“Housing Research Summary 148, 2001, Tackling Racial Harassment: Code of Practice for Social Landlords” can be obtained from ODPM free literature PO Box 236, Wetherby LS23 7NB.

“Government’s Standard Assessment Procedure for Energy Rating of Dwellings ”, 2001 Edition. Copies can be obtained, free of charge, from the enquiries bureau, Building Research Establishment, Garston, Watford WD2 7JR.

“Race Relations Code of Practice in Rented Housing, for the elimination of discrimination and the promotion of equal opportunities” is available from:

The Stationery Office, CRE Customer Services, PO Box 29, Norwich, NR3 1GN. Tel. 0870 240 3697.

Schedule 12 to the Order

“Best Value Performance Indicators 2001/2002” is published by the ODPM (January 2003) and is available free of charge from ODPM free publications, PO Box 236, Wetherby, West Yorkshire, LS23 7NB.

Schedule 14 to the Order

“Fire Service Circular 4/1985”, issued to fire authorities by the Home Office on 22 May 1985. Copies can be obtained, free of charge, from ODPM, Fire Policy Division, Zone 17/B, Portland House, Stag Place, London SW1E 5LP.

Schedule 15

“Community Legal Service Quality Mark” first edition, published April 2000. This publication is available from the Legal Services commissions, 85 Gray’s Inn road, London, WC1X 8TX or at www.legal.services.gov.uk.

General

“Best Value Performance Indicators Guidance” 2003/2004 is published by ODPM. It is available free of charge from ODPM free literature, PO Box 236, Wetherby LS23 7NB. www.local-regions.odpm.gov.uk/bestvalue/indicators/indicatorsindex.htm.

(1)

1999 c. 27. For the application of the Act to Wales, see section 29.

(7)

“Municipal Waste Management Strategies” was published by the DETR on 5th March 2001. The document is available at www.defra.gov.uk/environment/waste/management/guidance/mwms/01.htm.

(8)

S.I. 2002/523.

(9)

See section 4 of the Local Government Act 2000 c. 22.

(10)

The Equality Standard for Local Government (2002) can be found in the publication entitled “the equality standard for local government ”. This document was published in October 2001 by the Employers' Organisation for Local Government. It is available from: The Employers' Association for Local Government, Layden House, 76–86 Turnmill Street, London EC1M 5LG. The standard was developed by Stuart Speeden and Dr Julian Clarke, reporting to a Steering group of members from the Commission for Racial Equality, the Disability Rights Commission, the Equal Opportunities Commission and the Employers' Organisation for local government, with assistance from the Audit Commission.

(11)

“the equality standard for local government: guidance 1: audit and self-assessment” also published by the Employers' Association for Local Government gives further details of the standard including a checklist and guidance for authority’s on the equality standard. It was published in 2002 and is also available from The Employers Association for Local Government, Layden House, 76–78 Turnmill Street, London EC1M 5LG.

(12)

Details of the duty to promote race equality are set out on page 24 of the “Best Value Performance Indicators Guidance 2003/2004.” This is published by ODPM and is available from free literature, PO Box number 236, Wetherby, LS23 7NB.

(13)

1995 c. 50. For the definition of “disability” see section 1.

(14)

The code came into force on 1st January 2002. A copy of the code can be obtained from the Department for Education and Skills.

(16)

This document can be obtained free of charge from: the enquiries bureau, Building Research Establishment, Garston, Watford WD2 7JR.

(17)

The document entitled “Race Relations Code of Practice in Rented Housing, for the elimination of racial discrimination and the promotion of equal opportunities” is available from: Central Books, 99 Wallace Road, London E9 5LN. The latest version was published in 1995 (ISBN number 1–85442–034–8).

(18)

This document entitled “Housing Research Summary 148, 2001, Tackling Racial Harassment: Code of Practice for Social Landlords” can be obtained from ODPM free literature, PO Box 236, Wetherby, W Yorks, LS23 7NB.

(19)

Including the authorities for which adequate details were not supplied—see Article 10(2).

(20)

The checklist is to be found on pages 86 to 87 of this document which is available free of charge from: ODPM free literature, PO Box number 236, Wetherby, LS23 7NB.

(21)

The categories of fire risk “A”, “B”, “C” and “ D” are determined by reference to the type of property which predominates in an area. The basis of these risk categories is set out in Fire Service Circular 4/1985, issued to fire authorities by the Home Office on 22 May 1985. This circular is available free of charge from ODPM, Fire Policy Division, Zone 17/B, Portland House, Stag Place, London SW1E 5LP.

(22)

Details of the Community Legal Service Quality Mark can be found in the publication; “Community Legal Service Quality Mark” first edition, published April 2000. This publication is available from the Legal Services commissions, 85 Gray’s Inn Road, London, WC1X 8TX or at www.legal.services.gov.uk.