The Local Government Best Value (Exemption) (England) Order 2003

Draft Order laid before Parliament under section 2(6) of the Local Government Act 1999, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2003 No.

LOCAL GOVERNMENT, ENGLAND

The Local Government Best Value (Exemption) (England) Order 2003

Made

Coming into force

The First Secretary of State, in exercise of the powers conferred upon him by section 2(5) of the Local Government Act 1999(1) and of all other powers enabling him in that behalf hereby makes the following Order, a draft of which has been laid before, and approved by resolution of, each House of Parliament:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government Best Value (Exemption) (England) Order 2003 and shall come into force on the day after the day on which it is made.

(2) In this Order—

“budgeted income”, in relation to a parish council and a financial year, means the sum of:

(a)

the aggregate calculated for that council for that year, under section 50(3) of the Local Government Finance Act 1992(2); and

(b)

the budget requirement calculated under section 50(4) of that Act, and included in the council’s precept for that year;

disregarding any substituted calculations made under section 51 of that Act, except where the calculation made under section 50(4) of that Act has been quashed because of a failure to comply with section 50 of that Act in making such calculation; and

“parish council” means a parish council or a parish meeting of a parish which does not have a separate parish council(3).

Exemption from the best value duties in Part 1 of the Local Government Act 1999

2.  Parish councils, except those whose budgeted income for each of the financial years commencing in 1997, 1998 and 1999 was more than £500,000, are not subject, in relation to any of their functions, to any of the duties set out in sections 3 to 6 of the Local Government Act 1999.

Revocation of Order

3.  The Local Government Best Value (Exemption) (England) Order 2000(4) is hereby revoked.

Signed by authority of the First Secretary of State

Parliamentary Under Secretary of State,

Office of the Deputy Prime Minister

2003

Explanatory Note

(This note is not part of the Order)

This Order revokes and replaces the Local Government Best Value (Exemption) (England) Order 2000. The effect of this Order is that all parish councils, except those whose budgeted income for each of the financial years beginning in 1997, 1998 and 1999 was more than £500,000, are exempted from the best value duties in Part 1 of the Local Government Act 1999.

(1)

1999 c. 27.

(2)

1992 c. 14.

(3)

See section 1(1) and (2) of the Local Government Act 1999, under which these bodies are best value authorities in England.

(4)

S.I. 2000/339.