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Local Government Act 1999

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Changes over time for: Cross Heading: Best value authorities

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Version Superseded: 01/04/2010

Status:

Point in time view as at 17/12/2009.

Changes to legislation:

There are currently no known outstanding effects for the Local Government Act 1999, Cross Heading: Best value authorities. Help about Changes to Legislation

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—

[F1(a)an English local authority;]

(b)a National Park authority [F2for a National Park in England];

(c)the Broads Authority;

(d)F3... a police authority;

[F4(e)a fire and rescue authority [F5in 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;

[F6(g)an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);]

[F7(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);]

[F8(h)an Integrated Transport Authority for an integrated transport area in England;]

[F9(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.

[F10(k)a Welsh best value authority.]

(2)[F11In this section, “English local authority” means]

(a)a county council [F12in England], a district council [F13or 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.

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F15In 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.

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(6)For the purposes of this Part each of these is a [F18Welsh best value authority]

(a)a local authority in Wales;

(b)a National Park authority for a National Park in Wales;

F19(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 [F20or county borough council] in Wales.]

F21(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4S. 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

2 Power to extend or disapply [F22: 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—

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a levying body within the meaning of section 74(1) of the M1Local Government Finance Act 1988 [F24 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) [F25and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in England].

F26(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, [F27to the duty in section 3.]

[F28(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

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

[F292APower to extend or disapply: [F30Welsh Ministers]E+W

(1)The [F31Welsh Ministers] may by order provide that any of the bodies mentioned in subsection (2) is a [F32Welsh 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 [F33in 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) [F34and 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 [F35Welsh best value authority] may provide for section 7 to have effect in relation to that body with specified modifications.

(4)The [F36Welsh Ministers] may by order provide that a [F37Welsh 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.]

Textual Amendments

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