Local Government Act 1999

Best value authorities E+W

1 Best value authorities. E+W

(1) For the purposes of this Part each of these is a best value authority—

(a) a local authority;

(b) a National Park authority;

(c) the Broads Authority;

(d) a police authority;

[F1 (e) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, and a metropolitan county fire and civil defence authority;]

(f) the London Fire and Emergency Planning Authority;

(g) a waste disposal authority;

(h) a metropolitan county passenger transport authority;

(i) Transport for London;

(j) the London Development Agency.

(2) In relation to England “local authority” in subsection (1)(a) means—

(a) a county council, a district council, a London borough council, a parish council or a parish meeting of a parish which does not have a separate parish council;

(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) the Greater London Authority so far as it exercises its functions through the Mayor.

(3) In relation to Wales “local authority” in subsection (1)(a) means a county council, a county borough council or a community council.

(4) In subsection (1)(d) “police authority” means—

(a) a police authority established under section 3 of the Police Act 1996;

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

(c) the Metropolitan Police Authority.

(5) In subsection (1)(g) “waste disposal authority” means an authority which—

(a) is a waste disposal authority for the purposes of Part II of the M1 Environmental Protection Act 1990, or

(b) is established under section 10 of the M2 Local Government Act 1985 (joint arrangements).

Textual Amendments

F1 S. 1(1)(e) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 91; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Commencement Information

I1 S. 1 wholly in force at 27.7.2000; s. 1 not in force at Royal Assent see s. 27; s. 1(1)(d)(e)(4)(a)(b) in force at 10.8.1999 by S.I. 1999/2169, art. 2(1); s. 1(1)(a)(b)(c)(g)(h)(2)(a)(b)(c)(5) in force (E.) at 10.8.1999 and (W.) for certain purposes at 10.8.1999 by S.I. 1999/2169, art. 2(2), Sch. 1; s. 1(1)(a)(b)(g)(3)(5)(a) in force (W.) at 1.10.1999 by S.I. 1999/2815, art. 2; s. 1(1)(f)(i)(j)(2)(d)(4)(c) in force at 3.7.2000 in relation to England by S.I. 2000/1724, art. 2; s. 1 in force at 27.7.2000 in so far as not already in force see s. 27

Marginal Citations

M1 1990 c.43 .

M2 1985 c.51 .

2 Power to extend or disapply. E+W

(1) The Secretary of State may by order provide that any of the authorities and bodies mentioned in subsection (2) is a best value authority for the purposes of this Part.

(2) The authorities and bodies are—

(a) a local precepting authority within the meaning of section 39(2) of the M3 Local Government Finance Act 1992;

(b) a levying body within the meaning of section 74(1) of the M4 Local Government Finance Act 1988;

(c) a body to which section 75 of that Act applies (special levies).

(3) An order under subsection (1) providing for an authority or body to be a best value authority may provide for section 7 to have effect in relation to that authority or body with specified modifications.

(4) The Secretary of State may by order provide for the Greater London Authority to be a best value authority for the purposes of this Part in relation to—

(a) specified functions of the Authority which it does not exercise through the Mayor;

(b) specified functions which are not functions of the Authority but are functions of another best value authority;

and an order may provide for this Part to have effect in relation to those functions with specified modifications.

(5) The Secretary of State may by order provide that a best value authority specified, or of a description specified, in the order is not to be subject, in relation to such functions as may be specified, to a duty—

(a) which is specified in the order, and

(b) to which the authority would otherwise be subject under this Part.

(6) No order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.

Commencement Information

I2 S. 2 wholly in force at 27.7.2000; s. 2 not in force at Royal Assent see s. 27; s. 2(1)-(3) (5)(6) in force (E.) at 27.9.1999 and (W.) for certain purposes at 27.9.1999 by S.I. 1999/2169, art. 3(2), Sch. 2; s. 2(1)(2)(3)(5) in force at 1.10.1999 (W.) by S.I. 1999/2815, art. 2; s. 2(4) in force at 3.7.2000 in relation to England by S.I. 2000/1724, art. 2; s. 2 in force at 27.7.2000 in so far as not already in force see s. 27

Marginal Citations

M3 1992 c.14.

M4 1988 c.41.