Part 7Best value

Duties of best value authorities

137Guidance about general best value duty

In section 3 of the Local Government Act 1999 (c. 27) (best value authorities: general duty), for subsection (4) substitute—

“(4)

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.”

138Involvement of local representatives

(1)

After section 3 of the Local Government Act 1999 insert—

“3AInvolvement of local representatives

(1)

Where a best value authority considers it appropriate for representatives of local persons (or of local persons of a particular description) to be involved in the exercise of any of its functions by being—

(a)

provided with information about the exercise of the function,

(b)

consulted about the exercise of the function, or

(c)

involved in another way,

it must take such steps as it considers appropriate to secure that such representatives are involved in the exercise of the function in that way.

(2)

Subsection (1) does not require an authority to take a step—

(a)

if the authority does not have power to take the step under another enactment or a rule of law; or

(b)

if the step would be incompatible with a Community obligation or any other duty imposed on the authority under another enactment or a rule of law.

(3)

Subsection (1) does not apply—

(a)

to a police authority,

(b)

to a Welsh best value authority,

(c)

to any other authority or description of authority specified in an order made by the Secretary of State, or

(d)

in any other case specified in such an order.

(4)

An order under subsection (3)(d) may specify cases by reference, in particular, to the following—

(a)

best value authorities or descriptions of best value authority;

(b)

functions of best value authorities;

(c)

descriptions of local person;

(d)

ways in which representatives may be involved in the exercise of functions of an authority.

(5)

In deciding how to fulfil its duties under subsection (1), an authority must have regard to any guidance issued by the Secretary of State.

(6)

In this section—

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

“local person” means, in relation to a function of a best value authority, a person who is likely to be affected by, or interested in, the exercise of the function;

“representative” means, in relation to local persons or a description of local person, a person who appears to the best value authority to be representative of the local persons.”

(2)

In section 28(2) of that Act (negative procedure for certain orders and regulations), after first “section” insert “ 3A, ”.

139Abolition of performance indicators etc except for Welsh authorities

(1)

Immediately before section 4 of the Local Government Act 1999 (c. 27) insert “ Duties: Welsh best value authorities ”.

(2)

In section 4 of that Act (performance indicators and standards)—

(a)

in subsection (1)(a), for “best value authority's” substitute “ Welsh best value authority's ”;

(b)

in subsections (1)(b), (3)(a) and (4)(a), for “best value authorities” substitute “ Welsh best value authorities ”;

(c)

in subsection (5), for “best value authority” substitute “ Welsh best value authority ”.

(3)

In section 6 of that Act (performance plans), in subsection (1), for “best value authority” substitute “ Welsh best value authority ”.

140Abolition of best value performance reviews

Omit section 5 of the Local Government Act 1999 (best value reviews).