Modifications etc. (not altering text)
C1Pt. 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. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
(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)[F1(subject to subsection (8))] a police authority;
[F2(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 [F3this section] “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 M1Environmental Protection Act 1990, or
(b)is established under section 10 of the M2Local Government Act 1985 (joint arrangements).
[F4(6)For the purposes of this Part each of these is a best value authority in Wales—
(a)a local authority in Wales;
(b)a National Park authority for a National Park in Wales;
(c)[F5(subject to subsection (8))] a police authority for a police area in Wales;
(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, county borough council or community council in Wales. ]
[F6(8)A police authority is not a best value authority for the purposes of the following provisions of this Part—
section 5 (best value reviews);
section 6 (best value performance plans);
sections 7 to 9 (audit of best value performance plans);
section 13(5) (requirement of best value performance plan to record fact of adverse report etc );
section 15(2)(a) and (b) (directions relating to best value performance plans).]
Textual Amendments
F1Words in s. 1(1)(d) inserted (31.3.2007) by Police and Justice Act 2006 (c. 48), ss. 4(1)(a), 53(1); S.I. 2007/709, art. 2 (with art. 5)
F2S. 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
F3Words in s. 1(4) substituted (31.3.2007) by Police and Justice Act 2006 (c. 48), ss. 4(1)(b), 53(1); S.I. 2007/709, art. 2 (with art. 5)
F4S. 1(6)(7) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 1 para. 2; S.I. 2005/558, art. 2, Sch. 1
F5Words in s. 1(6)(c) inserted (31.3.2007) by Police and Justice Act 2006 (c. 48), ss. 4(1)(c), 53(1); S.I. 2007/709, art. 2 (with art. 5)
F6S. 1(8) inserted (31.3.2007) by Police and Justice Act 2006 (c. 48), ss. 4(1)(d), 53(1); S.I. 2007/709, art. 2 (with art. 5)
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