5 Best value reviews.E+W
(1)A best value authority must conduct best value reviews of its functions in accordance with the provisions of any order made under this section.
(2)The Secretary of State may by order specify a period within which an authority is to review all its functions, and an order may—
(a)apply to one authority or more;
(b)make different provision in relation to different authorities [F1or descriptions of authority];
(c)require specified functions to be reviewed in specified financial years.
(3)In conducting a review an authority—
(a)shall aim to improve the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness, and
(b)shall have regard to any guidance issued by the Secretary of State under this section.
(4)The Secretary of State may by order specify matters which an authority must include in a review of a function under this section; and in particular an order may require an authority—
(a)to consider whether it should be exercising the function;
(b)to consider the level at which and the way in which it should be exercising the function;
(c)to consider its objectives in relation to the exercise of the function;
(d)to assess its performance in exercising the function by reference to any performance indicator specified for the function under section 4 or under subsection (6)(a) below;
(e)to assess the competitiveness of its performance in exercising the function by reference to the exercise of the same function, or similar functions, by other best value authorities and by commercial and other businesses;
(f)to consult other best value authorities and commercial and other businesses about the exercise of the function;
(g)to assess its success in meeting any performance standard which applies in relation to the function;
(h)to assess its progress towards meeting any relevant performance standard which has been specified but which does not yet apply;
(i)to assess its progress towards meeting any relevant performance target set under subsection (6)(b).
[F2(4A)An order under subsection (4) may—
(a)apply to one authority or more;
(b)make different provision in relation to different authorities or descriptions of authority.]
(5)The Secretary of State may issue guidance on—
(a)the timetable for a review;
(b)the procedure for a review;
(c)the form in which a review should be recorded;
(d)the content of a review.
(6)In particular, guidance may state that an authority should—
(a)specify performance indicators in relation to functions;
(b)set targets for the performance of functions (“performance targets”) by reference to performance indicators specified under section 4 or under paragraph (a);
(c)set a plan of action to be taken for the purposes of meeting a performance target.
(7)Guidance may state the matters which should be taken into account in setting performance targets; and these may include the range of performances expected to be attained by best value authorities.
Textual Amendments
F1Words in s. 5(2)(b) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 6(2); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F2S. 5(4A) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 6(3); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
Modifications etc. (not altering text)
C1S. 5: functions of local authority may be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 3(1), Sch. 2 para. 9
Commencement Information
I1S. 5 wholly in force at 1.4.2000; s. 5 not in force at Royal Assent see s. 27; s. 5(2)(4)-(7) 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. 5(2)(4)-(7) in force at 1.10.1999 (W.) by S.I. 1999/2815, art. 2; s. 5(1)(3) in force (E.) at 1.4.2000 and (W.) for certain purposes at 1.4.2000 by S.I. 1999/2169, art. 4(2), Sch. 3; s. 5(1)(3) in force (W.) at 1.4.2000 by S.I. 1999/2815, art. 3