Best value authoritiesE+W
1 Best value authorities.E+W
(1)For the purposes of this Part each of these is a best value authority—
[(a)an English local authority;]
(b)a National Park authority [for a National Park in England];
(c)the Broads Authority;
(d)... a police authority;
[(e)a fire and rescue authority [in 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;
[(g)an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);]
[(ga)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)an Integrated Transport Authority for an integrated transport area in England;]
[(ha)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(hb)a combined authority established under section 103 of that Act;]
(i)Transport for London;
(j)the London Development Agency.
[(k)a Welsh best value authority.]
(2)[In this section, “English local authority” means]
(a)a county council [in England], a district council [or 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.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)[In this Part] “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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(6)For the purposes of this Part each of these is a [Welsh best value authority]—
(a)a local authority in Wales;
(b)a National Park authority for a National Park in Wales;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [or county borough council] in Wales.]
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information
2 Power to extend or disapply [: Secretary of State].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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 [ 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) [and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in England].
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 the duty in section 3.]
[(5A)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.
Textual Amendments
Commencement Information
Marginal Citations
[2APower to extend or disapply: [Welsh Ministers]E+W
(1)The [Welsh Ministers] may by order provide that any of the bodies mentioned in subsection (2) is a [Welsh 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 [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 Wales];
(b)a body to which section 75 of that Act applies (special levies) [and 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 [Welsh best value authority] may provide for section 7 to have effect in relation to that body with specified modifications.
(4)The [Welsh Ministers] may by order provide that a [Welsh 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.]