Local Government Act 2003

99 Categorisation of English local authorities by reference to performance E+W

(1) The Audit Commission must[F1 , if the Secretary of State so directs,] produce a report on its findings in relation to the performance of English local authorities[F2 , or of English local authorities of a description specified in the direction,] in exercising their functions.

(2) A report under subsection (1) must (in particular) categorise each English local authority to which the report relates according to how the authority has performed in exercising its functions.

[F3 (2A) A direction by the Secretary of State under subsection (1) may specify—

(a) the period or periods of performance to be covered by the report;

(b) the form of the report;

(c) the time by which the report must be produced.

(2B) The power to give a direction under subsection (1) includes power to give a direction varying or revoking a previous direction given in exercise of that power.

(2C) The Secretary of State must consult the Audit Commission before giving a direction under subsection (1).]

(3) As regards each report produced under subsection (1), the Audit Commission—

(a) must send a copy of the report to the Secretary of State, and

(b) must publish the report.

(4) Where the Secretary of State receives a report produced under subsection (1), he may by order make provision categorising the English local authorities to which the report relates in accordance with their categorisation in the report.

(5) In making an order under subsection (4), the Secretary of State may depart from the categorisation in the report only for the purpose of correcting any clerical or typographical error in the report notified to him by the Audit Commission.

(6) An order under subsection (4) may provide for the categorisation for which it provides to have effect—

(a) from such time as may be specified by the order;

(b) only for such period as may be specified by the order.

(7) In this section—

• “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England F4 ... ;

• “English local authority” means—

  (a)

  a county council in England,

  (b)

  a district council,

  (c)

  a London borough council,

  (d)

  the Common Council of the City of London in its capacity as a local authority, F5 ...

  (e)

  the Council of the Isles of Scilly.

  (f)

  [F6 a metropolitan fire and civil defence authority,]

  (g)

  [F6 the London Fire and Emergency Planning Authority, or]

  (h)

  [F6 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.]

Textual Amendments

F1 Words in s. 99(1) substituted (1.8.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 158(2)(a), 245(5); S.I. 2008/3110, art. 5(b)

F2 Words in s. 99(1) inserted (1.8.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 158(2)(b), 245(5); S.I. 2008/3110, art. 5(b)

F3 S. 99(2A)-(2C) inserted (1.8.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 158(3), 245(5); S.I. 2008/3110, art. 5(b)

F4 Words in s. 99(7) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 9 para. 1(2)(s), Sch. 18 Pt. 9; S.I. 2008/172, art. 4(a)(n)(i)

F5 Word in s. 99(7) repealed (1.10.2004 except in relation to W. otherwise 10.11.2004) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 102; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F6 S. 99(7)(f)-(h) inserted (1.10.2004 except in relation to W. otherwise 10.11.2004) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 102; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Commencement Information

I1 S. 99 in force at 18.11.2003 by S.I. 2003/2938, art. 2(a) (with art. 8, Sch.)