C2Part I Best Value

Annotations:
Modifications etc. (not altering text)
C2

Pt. I modified (18.11.2003 so far as relating to E. and so far as relating to a best value authority in W. mentioned in s. 101(7), 27.11.2003 so far as relating to a best value authority in W., other than one mentioned in s. 101(7)) by Local Government Act 2003 (c. 26), ss. 101, 128(3)(b), 128(4)(c), 128(5), 128(6); S.I. 2003/2938, art. 2(b) (with art. 8Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Best value authorities

I11 Best value authorities.

1

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

F64a

an English local authority;

b

a National Park authority F65for a National Park in England;

c

the Broads Authority;

d

F60... a police authority;

F16e

a fire and rescue authority F57in England 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;

F66g

an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);

F56ga

an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);

h

a metropolitan county passenger transport authority;

i

Transport for London;

j

the London Development Agency.

F55k

a Welsh best value authority.

2

F67In this section, “English local authority” means

a

a county council F69in England, a district council F68or a London borough 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.

F703

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

F61In this Partpolice 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.

F715

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F236

For the purposes of this Part each of these is a F58Welsh best value authority

a

a local authority in Wales;

b

a National Park authority for a National Park in Wales;

F62c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.

7

In subsection (6) “local authority in Wales” means a county council F59or county borough council in Wales.

F638

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I22 Power to extend or disapply F72: Secretary of State.

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—

F74a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

a levying body within the meaning of section 74(1) of the M1Local Government Finance Act 1988 F75 in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in England;

c

a body to which section 75 of that Act applies (special levies) F76and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in England.

F773

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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, F78to the duty in section 3.

F735A

Subsection (5) does not apply in relation to a Welsh best value authority.

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.

2AF19Power to extend or disapply: F79Welsh Ministers

1

The F80Welsh Ministers may by order provide that any of the bodies mentioned in subsection (2) is a F81Welsh best value authority for the purposes of this Part.

2

The bodies are—

a

a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 F85in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in Wales;

b

a body to which section 75 of that Act applies (special levies) F86and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales.

3

An order under subsection (1) providing for a body to be a F84Welsh best value authority may provide for section 7 to have effect in relation to that body with specified modifications.

4

The F82Welsh Ministers may by order provide that a F83Welsh 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.

F87Duties: general

Annotations:

I33The general duty.

1

A best value authority must make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

2

For the purpose of deciding how to fulfil the duty arising under subsection (1) an authority must consult—

a

representatives of persons liable to pay any tax, precept or levy to or in respect of the authority,

b

representatives of persons liable to pay non-domestic rates in respect of any area within which the authority carries out functions,

c

representatives of persons who use or are likely to use services provided by the authority, and

d

representatives of persons appearing to the authority to have an interest in any area within which the authority carries out functions.

3

For the purposes of subsection (2) “representatives” in relation to a group of persons means persons who appear to the authority to be representative of that group.

F884

In deciding—

a

how to fulfil the duty arising under subsection (1),

b

who to consult under subsection (2), or

c

the form, content and timing of consultations under that subsection,

an authority must have regard to any guidance issued by the Secretary of State.

F54Duties: Welsh best value authorities

Annotations:
Amendments (Textual)

I44 Performance indicators and standards.

1

The F93Welsh Ministers may by order specify—

a

factors (“performance indicators”) by reference to which a F94Welsh best value authority's performance in exercising functions can be measured;

b

standards (“performance standards”) to be met by F95Welsh best value authorities in relation to performance indicators specified under paragraph (a).

2

An order may specify different performance indicators or standards—

a

for different functions;

b

for different authoritiesF4or descriptions of authority;

c

to apply at different times.

3

Before specifying performance indicators or standards the F96Welsh Ministers shall consult—

a

persons appearing to F98them to represent the F97Welsh best value authorities concerned, and

b

such other persons (if any) as F99they think fit.

4

In specifying performance indicators and standards, and in deciding whether to do so, the F91Welsh Ministers

a

shall aim to promote improvement of the way in which the functions of F100Welsh best value authorities are exercised, having regard to a combination of economy, efficiency and effectiveness, and

b

shall have regard to any recommendations made to F89them by the F90Auditor General for Wales.

5

In exercising a function a F101Welsh best value authority must meet any applicable performance standard specified under subsection (1)(b).

F926

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1025 Best value reviews.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I56 Best value performance plans.

C1C51

A F103Welsh best value authority must prepare a best value performance plan for each financial year in accordance with any order made or guidance issued under this section.

2

The F104Welsh Ministers may by order specify matters which an authority must include in a plan for a financial year; and in particular an order may require an authority—

a

to summarise the authority’s objectives in relation to the exercise of its functions;

b

to summarise any assessment made by the authority of the level at which and the way in which it exercises its functions;

F107c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

to state any performance indicators, standards and targets specified or set in relation to the authority’s functions;

f

to summarise the authority’s assessment of its performance in the previous financial year with regard to performance indicators;

g

to compare that performance with the authority’s performance in previous financial years or with the performance of other best value authorities;

h

to summarise its assessment of its success in meeting any performance standard which applied at any time in the previous financial year;

i

to summarise its assessment of its progress towards meeting any performance standard which has been specified but which does not yet apply;

j

to summarise its assessment of its progress towards meeting any performance target;

k

to summarise any plan of action to be taken in the financial year to which the plan relates for the purposes of meeting a performance target;

F107l

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

An authority must publish its plan for a financial year before—

a

31st March of the previous financial year, or

b

such other date as the F105Welsh Ministers may specify by order.

4

The F106Welsh Ministers may issue guidance on the form and content of plans and the manner in which they should be published.

F55

An order under this section may make different provision in relation to different authorities or descriptions of authority.

Audit of best value performance plans F108: Welsh best value authorities

Annotations:
Amendments (Textual)

I67 Audit.

1

A performance plan published by a F120Welsh best value authority for a financial year under section 6 shall be audited by the authority’s auditor.

2

An audit of a performance plan is an inspection for the purpose of establishing whether the plan was prepared and published in accordance with section 6 and any order or guidance under that section.

F1093

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F243A

F110... sections 18 and 19 of the Public Audit (Wales) Act 2004 (auditor’s rights to documents and information) shall have effect in relation to the auditor’s functions under this Part as those sections have effect in relation to his functions under Chapter 1 of Part 2 of that Act.

4

In relation to an authority’s performance plan the auditor shall issue a report—

a

certifying that he has audited the plan,

b

stating whether he believes that it was prepared and published in accordance with section 6 and any order or guidance under that section,

c

if appropriate, recommending how it should be amended so as to accord with section 6 and any order or guidance under that section,

d

if appropriate, recommending procedures to be followed by the authority in relation to the plan,

F111e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26ea

F112... recommending whether the Auditor General for Wales should carry out a best value inspection of the authority under section 10A, and

f

recommending whether the F121Welsh Ministers should give a direction under section 15.

5

An auditor shall send a copy of his report relating to an authority’s performance plan—

a

to the authority,

F113b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27ba

F114... to the Auditor General for Wales, and

c

if the report recommends that the F122Welsh Ministers give a direction under section 15, to the F122Welsh Ministers.

6

Copies of a report shall be sent in accordance with subsection (5)—

a

by 30th June of the financial year to which the relevant performance plan relates, or

b

by such other date as the F123Welsh Ministers may specify by order.

7

Subject to subsection (8), the F28references in subsections (1) F115... and (3A) to an authority’s auditor F29are, in respect of a financial year, F30references to the auditor or auditors appointed to audit the authority’s accounts for the previous financial year.

8

If a person who would by virtue of subsection (7) be an authority’s auditor in respect of a financial year or one of an authority’s auditors in respect of a financial year—

F117a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31aa

F118... is no longer eligible for appointment under section 14 of the Public Audit (Wales) Act 2004, or

F32b

the references in subsections (1) F116... and (3A) to the authority’s auditor are, in respect of that financial year, references to the auditor or auditors appointed in accordance with subsection (8A).

the reference in subsection (1) to the authority’s auditor is, in respect of that financial year, a reference to an auditor or auditors appointed by the Audit Commission.

F258A

The auditor or auditors shall be appointed—

a

by the Auditor General for Wales F124...;

F125b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8B

Section 14 of the Public Audit (Wales) Act 2004 shall apply to an appointment under subsection (8A)(a) as if it were an appointment of a person to audit the authority’s accounts under section 13 of that Act.

F1199

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1268 Code of practice and fees.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8AF18Code of practice and fees: Auditor General for Wales

1

The Auditor General for Wales may prepare, and keep under review, a code of practice prescribing the way in which auditors appointed by him are to carry out their functions under section 7.

2

Section 16(2) to (9) of the Public Audit (Wales) Act 2004 (code of audit practice) shall have effect in relation to a code of practice under this section.

3

The Auditor General for Wales shall prescribe a scale or scales of fees in respect of the audit of performance plans which are required to be audited in accordance with this Part by auditors appointed by him.

4

Sections 20(4) to (6) and 21(1) to (4) of the Public Audit (Wales) Act 2004 (fees for audit) shall have effect in relation to fees under subsection (3).

5

Before prescribing a scale of fees under subsection (3) the Auditor General for Wales shall consult—

a

the F127Welsh Ministers, and

b

persons appearing to the Auditor General for Wales to represent F128Welsh best value authorities.

8BAuditor’s duty in relation to codes

F1291

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

An auditor appointed by the Auditor General for Wales who is carrying out an audit of an authority’s performance plan under section 7 shall have regard to any provisions of a code of practice under section 8A which—

a

are applicable to the audit, and

b

are in force.

F1303

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1314

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I79 Response to audit.

1

A F132Welsh best value authority shall publish any report received in accordance with section 7(5)(a).

2

The following subsections apply where a F133Welsh best value authority receives a report under subsection (4) of section 7 which contains a recommendation under any of paragraphs (c) to (f) of that subsection.

3

The authority shall prepare a statement of—

a

any action which it proposes to take as a result of the report, and

b

its proposed timetable.

4

A statement required by subsection (3) shall be prepared—

a

before the end of the period of 30 working days starting with the day on which the authority receives the report, or

b

if the report specifies a shorter period starting with that day, before the end of that period.

5

The authority shall incorporate the statement in its next best value performance plan.

6

If the statement relates to a report which recommends that the F134Welsh Ministers give a direction under section 15, the authority shall send a copy of the statement to the F134Welsh Ministers

a

before the end of the period of 30 working days starting with the day on which the authority receives the report, or

b

if the report specifies a shorter period starting with that day, before the end of that period.

7

For the purposes of this section a working day is a day other than—

a

a Saturday or a Sunday,

b

Christmas Day or Good Friday, or

c

a day which is a bank holiday under the M2Banking and Financial Dealings Act 1971 in England and Wales.

Best value inspections

I8C410 Inspections.

F135A1

The Audit Commission may carry out an inspection of a best value authority's performance of its functions or of any particular function or functions.

1

The Audit Commission may F137, in particular, carry out an inspection of a best value authority’s compliance with the requirements of this Part.

2

If the Secretary of State directs the Commission to carry out an inspection of a specified best value authority’s compliance with the requirements of this Part in relation to specified functions, the Commission shall comply with the direction.

3

Before giving a direction under subsection (2) the Secretary of State shall consult the Commission.

4

In carrying out an inspection, and in deciding whether to do so, the Commission shall have regard to—

F138a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

any guidance issued by the Secretary of State.

F335

The preceding provisions of this section do not apply in relation to F136

a

a Welsh best value authority, or

b

a police authority for a police area in Wales.

10AF20Inspections: Auditor General for Wales

1

The Auditor General for Wales may carry out an inspection of the compliance with the requirements of this Part by F139

a

a Welsh best value authority, or

b

a police authority for a police area in Wales.

2

If the Secretary of State directs the Auditor General for Wales to carry out an inspection of the compliance with the requirements of this Part by a F140specified authority mentioned in subsection (1) in relation to specified functions, the Auditor General for Wales shall comply with the direction.

3

Before giving a direction under subsection (2) the Secretary of State shall consult the Auditor General for Wales.

4

In carrying out an inspection, and in deciding whether to do so, the Auditor General for Wales shall have regard to—

a

any relevant recommendation under section 7(4)(ea), and

b

any guidance issued by the Secretary of State.

I9C3C411Inspectors’ powers and duties.

C61

An inspector has a right of access at all reasonable times—

a

to any premises of the best value authority concerned, and

b

to any document relating to the authority which appears to him to be necessary for the purposes of the inspection.

F491A

The right conferred by subsection (1)(b) includes power to inspect, copy or take away the document.

C62

An inspector—

a

may require a person holding or accountable for any such document to give him such information and explanation as he thinks necessary, and

b

may require that person to attend before him in person to give the information or explanation or to produce the document.

F502A

In relation to a document kept in electronic form, the power in subsection (2)(b) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away.

2B

In connection with inspecting such a document, an inspector—

a

may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been used in connection with the document;

b

may require a person within subsection (2C) to afford him such reasonable assistance as he may require for that purpose.

2C

A person is within this subsection if he is—

a

the person by whom or on whose behalf the computer is or has been used; or

b

a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.

C63

A best value authority shall provide an inspector with every facility and all information which he may reasonably require for the purposes of the inspection.

C64

An inspector shall—

a

give three clear days’ notice of any requirement under this section, and

b

F141..., if so required, produce documents identifying himself.

C65

A person who without reasonable excuse F51obstructs the exercise of any power conferred by this section or fails to comply with a requirement of an inspector under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

C66

Any expenses incurred by an inspector in connection with proceedings for an offence under subsection (5) alleged to have been committed in relation to an inspection of a best value authority are, so far as not recovered from any other source, recoverable from the authority.

F347

In this section “ inspector ” means—

a

an officer, servant or agent of the Audit Commission carrying out an inspection under section 10;

b

the Auditor General for Wales, a member of his staff or a person providing services to him who is carrying out an inspection under section 10A.

I10C412 Fees.

1

The Audit Commission shall prescribe a scale or scales of fees in respect of inspections carried out under section 10.

2

An authority inspected under section 10 shall, subject to subsection (3), pay to the Commission the fee applicable to the inspection in accordance with the appropriate scale.

3

If it appears to the Commission that the work involved in a particular inspection was substantially more or less than that envisaged by the appropriate scale, the Commission may charge a fee which is larger or smaller than that referred to in subsection (2).

4

Before prescribing a scale of fees under this section the Commission shall consult—

a

the Secretary of State, and

b

persons appearing to the Commission to represent best value authorities F35which may be inspected under section 10.

12AF21Fees: inspections under section 10A

1

The Auditor General for Wales shall prescribe a scale or scales of fees in respect of inspections carried out under section 10A.

2

An authority inspected under section 10A shall, subject to subsection (3), pay to the Auditor General for Wales the fee applicable to the inspection in accordance with the appropriate scale.

3

If it appears to the Auditor General for Wales that the work involved in a particular inspection was substantially more or less than that envisaged by the appropriate scale, the Auditor General for Wales may charge a fee which is larger or smaller than that referred to in subsection (2).

4

Before prescribing a scale of fees under this section the Auditor General for Wales shall consult—

a

the Secretary of State, and

b

persons appearing to the Auditor General for Wales to represent F142best value authorities which may be inspected under section 10A.

I11C413 Reports.

1

Where the Audit Commission has carried out an inspection of an authority under section 10 it shall issue a report.

2

A report—

a

shall mention any matter in respect of which the Commission believes as a result of the inspection that the authority is failing to comply with the requirements of this Part, and

b

may, if it mentions a matter under paragraph (a), recommend that the Secretary of State give a direction under section 15.

3

The Commission—

a

shall send a copy of a report to the authority concerned, and

b

may publish a report and any information in respect of a report.

4

If a report recommends that the Secretary of State give a direction under section 15, the Commission shall as soon as reasonably practicable—

a

arrange for the recommendation to be published, and

b

send a copy of the report to the Secretary of State.

F1434A

If a report relates to any extent to the administration of housing benefit or council tax benefit and the Commission thinks fit to do so, it shall as soon as reasonably practicable send a copy of the report to the Secretary of State.

F1445

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13AF22Reports of inspections under section 10A

1

Where the Auditor General for Wales has carried out an inspection of an authority under section 10A he shall issue a report.

2

A report—

a

shall mention any matter in respect of which the Auditor General for Wales believes as a result of an inspection that the authority is failing to comply with the requirements of this Part, and

b

may, if it mentions a matter under paragraph (a), recommend that the Secretary of State give a direction under section 15.

3

The Auditor General for Wales—

a

shall send a copy of a report to the authority concerned, and

b

may publish a report and any information in respect of a report.

4

If a report recommends that the Secretary of State give a direction under section 15, the Auditor General for Wales shall as soon as reasonably practicable—

a

arrange for the recommendation to be published, and

b

send a copy of the report to the Secretary of State.

F1454A

If a report relates to any extent to the administration of housing benefit or council tax benefit and the Auditor General for Wales thinks fit to do so, he shall as soon as reasonably practicable send a copy of the report to the Secretary of State.

5

If a report states that the Auditor General for Wales believes as a result of an inspection that F146a Welsh best value authority is failing to comply with the requirements of this Part, the next performance plan prepared by the authority under section 6 must record—

a

that fact, and

b

any action taken by the authority as a result of the report.

I1214 Inspections: housing benefit and council tax benefit.

1

The following shall be substituted for section 139A(1) and (2) of the Social Security Administration Act 1992 (reports on administration of housing benefit and council tax benefit)—

1

The Secretary of State may authorise persons to consider and report to him on the administration by authorities of housing benefit and council tax benefit.

2

The Secretary of State may ask persons authorised under subsection (1) to consider in particular—

a

authorities’ performance in the prevention and detection of fraud relating to housing benefit and council tax benefit;

b

authorities’ compliance with the requirements of Part I of the Local Government Act 1999 (best value).

2A

A person may be authorised under subsection (1)—

a

on such terms and for such period as the Secretary of State thinks fit;

b

to act generally or in relation to a specified authority or authorities;

c

to report on administration generally or on specified matters.

2

In section 139C(1) of that Act (reports) for the words from “in particular” to the end there shall be substituted

in particular—

a

in the prevention and detection of fraud relating to benefit, or

b

for the purposes of complying with the requirements of Part I of the Local Government Act 1999 (best value).

Annotations:
Commencement Information
I12

S. 14 wholly in force at 27.7.2000; s. 14 not in force at Royal Assent see s. 27 ; s. 14 in force (E.W.) at 1.4.2000 by S.I. 1999/2169, art. 4(1); s. 14 in force at 27.7.2000 in so far as not already in force see s. 27

I1315 Secretary of State’s powers.

1

This section applies in relation to a best value authority if the Secretary of State is satisfied that it is failing to comply with the requirements of this Part.

2

Where this section applies in relation to an authority the Secretary of State may

F147aa

in the case of a Welsh best value authority, direct it to prepare or amend a performance plan or to follow specified procedures in relation to a performance plan;

c

F148in the case of any best value authority, direct it to carry out a review of its exercise of specified functions.

3

Where this section applies in relation to an authority the Secretary of State may direct a local inquiry to be held into the exercise by the authority of specified functions.

4

Subsections (2) to (5) of section 250 of the M3Local Government Act 1972 (inquiries) shall apply in relation to an inquiry which the Secretary of State directs to be held under this section as they apply in relation to an inquiry which a Minister causes to be held under that section.

5

Where this section applies in relation to an authority the Secretary of State may direct the authority to take any action which he considers necessary or expedient to secure its compliance with the requirements of this Part.

6

Where this section applies in relation to an authority the Secretary of State may direct—

a

that a specified function of the authority shall be exercised by the Secretary of State or a person nominated by him for a period specified in the direction or for so long as the Secretary of State considers appropriate, and

b

that the authority shall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of that function and shall provide such assistance as the Secretary of State or his nominee may require for the purpose of exercising the function.

7

The Secretary of State may by regulations make provision which—

a

relates to an enactment which confers a function on him in respect of a function of a best value authority, and

b

he considers necessary or expedient for the purposes of cases in which he makes a direction under subsection (6)(a).

8

Regulations under subsection (7) may, in relation to the cases mentioned in subsection (7)(b)—

a

disapply or modify an enactment of the kind mentioned in subsection (7)(a);

b

have an effect similar to the effect of an enactment of that kind.

9

Subject to subsection (11), before giving a direction under this section the Secretary of State shall give the authority concerned an opportunity to make representations about—

a

the report (if any) as a result of which the direction is proposed, and

b

the direction proposed.

10

Subject to subsection (11), before giving a direction under this section following a recommendation in a report under section 7(4)(f) the Secretary of State shall have regard to any statement under section 9(2) which the authority concerned sends to him before the expiry of the period of one month starting with the day on which the authority received the report.

11

The Secretary of State may give a direction without complying with subsection (9) or (10) if he considers the direction sufficiently urgent.

12

Where the Secretary of State gives a direction without complying with subsection (9) or (10) he shall inform—

a

the authority concerned, and

b

such persons appearing to him to represent best value authorities as he considers appropriate,

of the direction and of the reason why it was given without complying with subsection (9) or (10).

13

A direction given under this section shall be enforceable by order of mandamus on the application of the Secretary of State.

Exercise of functions by best value authorities

I1416 Power F46of Secretary of State to modify enactments and confer new powers.

1

If the Secretary of State thinks that an enactment prevents or obstructs compliance by best value authorities with the requirements of this Part he may by order make provision modifying or excluding the application of the enactment F6in relation to—

a

all best value authorities,

b

particular best value authorities, or

c

particular descriptions of best value authority.

2

The Secretary of State may by order make provision F7conferring on—

a

all best value authorities,

b

particular best value authorities, or

c

particular descriptions of best value authority,

which he considers necessary or expedient to permit or facilitate compliance with the requirements of this Part.

3

An order under this section may—

a

impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);

b

amend an enactment;

c

include consequential, incidental and transitional provision;

d

make different provision for different cases.

F83A

The power under subsection (3)(d) includes, in particular, power to make different provision in relation to different authorities or descriptions of authority.

F453B

In exercising a power under this section, the Secretary of State must not make provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.

3C

In exercising a power under this section, the Secretary of State—

a

must not make provision amending, or modifying or excluding the application of, Measures or Acts of the National Assembly for Wales without the consent of the National Assembly for Wales;

b

must not make provision amending, or modifying or excluding the application of, subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers.

3D

Subsection (3C) does not apply to the extent that the Secretary of State is making incidental or consequential provision.

4

F9Subject to subsection (4A), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.

F104A

An order under this section which is made only for the purpose of amending an earlier order under this section—

a

so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

b

so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

In exercising a power conferred under subsection (2) a best value authority shall have regard to any guidance issued by the Secretary of State.

F476

In this section—

a

enactment ” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978);

b

references to a best value authority do not include a Welsh best value authority.

17 Orders under section 16: procedure.

1

Before the Secretary of State makes an order under section 16 he shall consult such authorities or persons as appear to him to be representative of interests affected by his proposals.

2

If, following consultation under subsection (1), the Secretary of State proposes to make an order under section 16 he shall lay before each House of Parliament a document explaining his proposals and, in particular—

a

setting them out in the form of a draft order, and

b

giving details of consultation under subsection (1) above.

3

Where a document relating to proposals is laid before Parliament under subsection (2), no draft of an order under section 16 to give effect to the proposals (with or without modification) shall be laid before Parliament until after the expiry of the period of sixty days beginning with the day on which the document was laid.

4

In calculating the period mentioned in subsection (3) no account shall be taken of any time during which—

a

Parliament is dissolved or prorogued, or

b

either House is adjourned for more than four days.

5

In preparing a draft order under section 16 the Secretary of State shall consider any representations made during the period mentioned in subsection (3) above.

6

A draft order laid before Parliament in accordance with section 16(4) must be accompanied by a statement of the Secretary of State giving details of—

a

any representations considered in accordance with subsection (5) above, and

b

any changes made to the proposals contained in the document laid before Parliament under subsection (2) above.

F117

Nothing in this section applies to an order under section 16 which is made only for the purpose mentioned in section 16(4A).

17AF44Power of Welsh Ministers to modify enactments and confer new powers

1

If the Welsh Ministers think that an enactment prevents or obstructs compliance by Welsh best value authorities with the requirements of this Part they may by order make provision modifying or excluding the application of the enactment in relation to—

a

all Welsh best value authorities,

b

particular Welsh best value authorities, or

c

particular descriptions of Welsh best value authority.

2

The Welsh Ministers may by order make provision conferring on—

a

all Welsh best value authorities,

b

particular Welsh best value authorities, or

c

particular descriptions of Welsh best value authority,

any power which they consider necessary or expedient to permit or facilitate compliance with the requirements of this Part.

3

An order under this section may—

a

impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);

b

amend an enactment;

c

include consequential, incidental and transitional provision;

d

make different provision for different cases.

4

The power under subsection (3)(d) includes, in particular, power to make different provision in relation to different authorities or descriptions of authority.

5

An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence.

6

For the purposes of subsection (5), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted.

7

Subject to subsection (8), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, the National Assembly for Wales.

8

An order under this section which is made only for the purpose of amending an earlier order under this section—

a

so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

b

so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,

shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

9

In exercising a power conferred under subsection (2) a Welsh best value authority shall have regard to any guidance issued by the Welsh Ministers.

10

In this section, “ enactment ” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978).

17BOrders under section 17A: procedure

1

Before the Welsh Ministers make an order under section 17A they shall consult such authorities or persons as appear to them to be representative of interests affected by their proposals.

2

If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 17A they shall lay before the National Assembly for Wales a document explaining their proposals and, in particular—

a

setting them out in the form of a draft order, and

b

giving details of consultation under subsection (1).

3

Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 17A to give effect to the proposals (with or without modification) shall be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid.

4

In calculating the period mentioned in subsection (3) no account shall be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.

5

In preparing a draft order under section 17A the Welsh Ministers shall consider any representations made during the period mentioned in subsection (3) above.

6

A draft order laid before the National Assembly for Wales in accordance with section 17A(7) shall be accompanied by a statement of the Welsh Ministers giving details of—

a

any representations considered in accordance with subsection (5) above, and

b

any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2) above.

7

Nothing in this section applies to an order under section 17A which is made only for the purpose mentioned in section 17A(8).

I1518 Contracting out.

1

Section 70 of the M4Deregulation and Contracting Out Act 1994 (contracting out functions of local authorities) shall apply in relation to functions of any F150relevant best value authority (other than excluded functions within the meaning of section 71) as it applies in relation to certain functions of local authorities.

2

An order under section 70 as applied by subsection (1) above may be made only—

a

by the Secretary of State, and

b

if he considers the order necessary or expedient for the purpose of permitting or facilitating compliance with the requirements of this Part.

F1493

In this section “relevant best value authority” means a best value authority which is not a local authority for the purposes of section 70 of the Deregulation and Contracting Out Act 1994.

F52Exclusion of non-commercial considerations

Annotations:

I1619 Contracts: exclusion of non-commercial considerations.

1

The Secretary of State may by order provide, F12in relation to—

a

all F153relevant authorities,

b

particular F154relevant authorities, or

c

particular descriptions of F155relevant authority,

for a specified matter to cease to be a non-commercial matter for the purposes of section 17 of the M5Local Government Act 1988 (local and other public authority contracts: exclusion of non-commercial considerations).

2

An order under this section may—

a

provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent;

b

apply in relation to specified authorities, functions or contracts;

c

make different provision for different cases;

d

include consequential or transitional provision (including provision amending an enactment).

F132A

The power under subsection (2)(c) includes, in particular, power to make different provision for different authorities or descriptions of authority.

3

F14Subject to subsection (3A), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.

F153A

An order under this section which is made only for the purpose of amending an earlier order under this section—

a

so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

b

so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4

In exercising a function regulated by section 17 of the Local Government Act 1988 with reference to a matter which is the subject of an order under this section a F152relevant authority shall have regard to any guidance issued by the Secretary of State.

F1515

In this section, “relevant authority” means—

a

a best value authority,

b

a parish council, or

c

a community council.

F53Publication of information

Annotations:

I1720 Publication of information.

At the end of section 2(1) of the M6 Local Government, Planning and Land Act 1980 (duty of authorities to publish information) there shall be inserted—

;and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value).

Annotations:
Commencement Information
I17

S. 20 wholly in force at 1.10.1999; s. 20 not in force at Royal Assent see s. 27; s. 20 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. 20 in force (W.) at 1.10.1999 by S.I. 1999/2815, art. 2

Marginal Citations

General

F15621 Transition from compulsory competitive tendering to best value.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1822 Audit Commission.

1

In this Act a reference to the Audit Commission is a reference to the Audit Commission for Local Authorities and the National Health Service in England F157....

F22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The M7Audit Commission Act 1998 shall be amended as follows.

4

In section 33 (studies by Commission)—

a

in subsection (1)(a), for “the provision of local authority services and of other services provided by bodies subject to audit” substitute “ the exercise of the functions of best value authorities and the provision of services provided by other bodies subject to audit ”, and

b

in subsection (6)(a) for “local authorities” substitute “ best value authorities ” .

5

In section 49(1) (restrictions on disclosure of information)—

a

after “any provision of this Act” insert “or of Part I of the Local Government Act 1999”, and

b

at the end of paragraph (b) insert “or under Part I of the 1999 Act”.

6

In section 53(1) (interpretation) after the definition of “auditor” insert—

best value authority” means a best value authority for the purposes of Part I of the Local Government Act 1999;

F367

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1588

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1923 Accounts.

1

The Secretary of State may make regulations about the keeping of accounts by best value authorities.

2

The regulations may—

a

require accounts and statements of accounts to be prepared, kept and certified in such form or manner as the regulations may specify;

b

require accounts to be deposited at such places as the regulations may specify;

c

require the publication of information about accounts and of statements of accounts;

d

make provision (which may include provision requiring the payment of fees) entitling specified classes of person to inspect and to make or receive copies of specified documents.

3

The regulations may—

a

make provision in relation to best value authorities generally or in relation to one or more particular authorities;

b

make different provision for different cases.

4

Before making regulations under subsection (1) the Secretary of State must consult—

F38za

if the regulations make provision in relation to F160Welsh best value authorities or police authorities for police areas in Wales, the Auditor General for Wales,

a

F37if the regulations make provision in relation to other best value authorities, the Audit Commission,

b

the authorities concerned or persons appearing to him to represent them, and

c

such bodies of accountants as appear to him to be appropriate.

5

If—

a

a person contravenes a provision of regulations under subsection (1) without reasonable excuse, and

b

the regulations declare that contravention of the provision is an offence,

the person is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

6

Any expenses incurred by an auditor F161... in connection with proceedings in respect of an offence under subsection (5) which is alleged to have been committed in relation to the accounts of an authority are recoverable from the authority so far as they are not recovered from any other source.

F1597

In subsection (6), “auditor” means an auditor appointed by the Audit Commission or the Auditor General for Wales to audit the best value authority's accounts.

I2024 Police Act 1996.

1

Section 8(2) of the M8Police Act 1996 (local policing plans) shall be amended by—

a

the omission of the word “and” after paragraph (b), and

b

the insertion of the following after paragraph (c)—

, and

d

any action proposed for the purpose of complying with the requirements of Part I of the Local Government Act 1999 (best value).

2

In section 54 of that Act (inspectors of constabulary) after subsection (2) there shall be inserted—

2A

The inspectors of constabulary may inspect, and report to the Secretary of State on, a police authority’s compliance with the requirements of Part I of the Local Government Act 1999 (best value).

F173

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I21 25 Coordination of inspections, &c.

1

In arranging for or carrying out—

a

inspections of best value authorities, or

b

inquiries or investigations in relation to best value authorities,

a person or body to whom this section applies shall have regard to any guidance issued by the Secretary of State for the purposes of securing the coordination of different kinds of inspection, inquiry and investigation.

C72

This section applies to—

a

the Audit Commission;

F39aa

the Auditor General for Wales;

b

an inspector, assistant inspector or other officer appointed under section 24(1) of the M9 Fire Services Act 1947 (inspectors of fire brigades);

F43c

Her Majesty's Chief Inspector of Education, Children's Services and Skills;

d

F1Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru;

F42e

the Commission for Social Care Inspection;

h

a person authorised under section 139A(1) of the M10 Social Security Administration Act 1992 (reports on administration of housing benefit and council tax benefit);

i

an inspector appointed under section 54 of the Police Act 1996 (inspectors of constabulary).

3

The Secretary of State may by order provide for this section to apply to a person or body specified in the order.

I2226 Guidance.

1

This section has effect in relation to any guidance issued by the Secretary of State under this Part.

2

The Secretary of State—

a

may issue guidance to or in respect of F162... authorities generally or to or in respect of one or more particular authorities;

b

may issue different guidance to or in respect of different authorities;

c

must, before he issues guidance, consult the authorities concerned or persons appearing to him to represent them;

d

must arrange for guidance to be published.

3

Before issuing guidance under section 10 the Secretary of State shall, in addition to the consultation required by subsection (2)(c) above, consult the Audit Commission.

F403A

Before issuing guidance under section 10A the Secretary of State shall, in addition to the consultation required by subsection (2)(c) above, consult the Auditor General for Wales.

4

Before issuing guidance under section 25 the Secretary of State shall, in addition to the consultation required by subsection (2)(c) above, consult the persons or bodies concerned.

27 Commencement.

1

Subject to subsections (2) and (3), sections 1 to 20 and 22 to 26 shall come into force at the end of the period of 12 months beginning with the day on which this Act is passed.

P12

The Secretary of State may by order provide for—

P2a

any of sections 1 to 13, 15, 19, 20, 22, 23, 25 and 26 to be brought into force in relation to England before the time appointed by subsection (1);

b

any of those sections, in so far as it relates to an authority falling within section 1(1)(d) or (e), to be brought into force in relation to Wales before that time;

c

any of sections 14, 16 to 18 and 24 to be brought into force before that time.

P33

The National Assembly for Wales may by order provide for any of the sections mentioned in subsection (2)(a), except in so far as it relates to an authority falling within section 1(1)(d) or (e), to be brought into force in relation to Wales before the time appointed by subsection (1).

P1P34

An order under subsection (2) or (3) may appoint different days for different purposes.

Annotations:
Subordinate Legislation Made
P1

S. 27(2)(4) power partly exercised (28.7.1999): different dates appointed for specified provisions by S.I. 1999/2169, arts. 2, 3, 4, Sch. 1, Sch. 2, Sch. 3

P2

S. 27(2)(a) power partly exercised: 3.7.2000 appointed for specified provisions by S.I. 2000/1724, art. 2

P3

S. 27(3)(4) power partly exercised (28.9.1999): different dates appointed for specified provisions by S.I. 1999/2815, arts. 2, 3

28 Orders and regulations.

1

An order or regulations under this Part—

a

shall be made by statutory instrument, and

b

may include supplementary, incidental, consequential and transitional provisions.

2

An order under section 4, F163... 6, 7 or 25, and regulations under section 15 or 23, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

29 Modifications for Wales.

F1651

This section has effect for the purposes of the application of this Part in relation to Wales, except in so far as it relates to a police authority for a police area in Wales.

1A

For each reference to the Secretary of State in sections 3, 10A, 12A, 13A, 15, 19, 23, 25 and 26 there shall be substituted a reference to the Welsh Ministers.

F1642A

Subsection (1)(a) does not apply to section 13A(4A).

F483

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Section 15(7)(a) shall apply F167... as if the reference to a function conferred on the Secretary of State were a reference to a function conferred on the F168Welsh Ministers or the Secretary of State; but the F168Welsh Ministers may not make regulations under section 15(7) which relate to a function conferred on the Secretary of State without his approval.

F1665

In section 19(3) and (3A) for each reference to each House, or either House, of Parliament there shall be substituted a reference to the National Assembly for Wales.

6

In section 28(2), for the reference to either House of Parliament there shall be substituted a reference to the National Assembly for Wales.

Part II Regulation of Council Tax and Precepts

30 Limitation of council tax and precepts.

1

Schedule 1 shall have effect.

2

That Schedule shall apply in relation to the limitation of council tax and precepts as regards the financial year beginning with 1st April 2000 and subsequent financial years.

F331 Major precepting authorities: further regulation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III General

32 Meaning of financial year.

In this Act “financial year” means a year beginning with 1st April.

33 Finance.

1

There shall be paid out of money provided by Parliament—

a

any increase attributable to this Act in the sums so payable under any other enactment;

b

any expenses of the Secretary of State under this Act.

2

The Secretary of State may make grants to the Audit Commission, out of money provided by Parliament, in respect of expenditure incurred or to be incurred by the Commission under this Act.

3

The National Assembly for Wales may make grants toF41(a) the Audit Commission in respect of expenditure incurred or to be incurred by the Commission under this Act;

b

the Auditor General for Wales in respect of expenditure incurred or to be incurred by him under this ActF41.

34 Repeals.

The provisions mentioned in Schedule 2 are repealed to the extent specified, subject to any provision of that Schedule.

35 Extent.

1

Subject to subsection (2), this Act extends to England and Wales only.

2

An amendment by this Act of a provision of another Act has the same extent as the provision amended (except in the case of section 21 and Part I of Schedule 2).

36 Short title.

This Act may be cited as the Local Government Act 1999.