SCHEDULES

SCHEDULE 7Amendments consequential on removing parish councils etc from best value duties

Section 136

Local Government, Planning and Land Act 1980 (c. 65)

1

In section 2(1) of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information) after paragraph (b) insert—

ba

a parish council;

bb

a parish meeting of a parish which does not have a separate parish council;

bc

a community council;

Local Government Act 1999 (c. 27)

2

1

The Local Government Act 1999 is amended as follows.

2

Before section 19 insert— “ Exclusion of non-commercial considerations ”.

3

In section 19 (exclusion of non-commercial considerations for the purposes of section 17 of the Local Government Act 1988)—

a

in subsection (1)(a) and (b), for “best value authorities” substitute “ relevant authorities ”;

b

in subsections (1)(c) and (4), for “best value authority” substitute “ relevant authority ”;

c

after subsection (4) insert—

5

In this section, “relevant authority” means—

a

a best value authority,

b

a parish council, or

c

a community council.

4

After section 19 insert— “ Publication of information ”.

5

In section 26(2)(a) (guidance), omit “best value”.

Local Government Act 2003 (c. 26)

3

1

The Local Government Act 2003 is amended as follows.

2

Omit sections 34 and 35 (best value grants to parishes and communities).

3

In section 93 (power to charge for discretionary services)—

a

in subsections (1), (5) and (6), for “best value authority” substitute “ relevant authority ”;

b

after subsection (8) insert—

9

In this section, “relevant authority” means—

a

a best value authority;

b

a parish council;

c

a parish meeting of a parish which does not have a separate parish council; or

d

a community council.

4

In section 94 (power to disapply section 93(1))—

a

in subsections (1)(a) and (b)(iii) for “best value authority” substitute “ relevant authority ”;

b

in subsections (1)(a) and (b)(i) and (ii) for “best value authorities” substitute “ relevant authorities ”;

c

after subsection (2) insert—

3

In this section, “relevant authority” has the meaning given in section 93.

5

In section 95 (power to trade in function-related activities through a company)—

a

in subsections (1)(a) and (3)(a) (in both places) for “best value authorities” substitute “ relevant authorities ”;

b

in subsections (2), (3)(a) and (5) and in the definition of “ordinary functions” in subsection (7), for “best value authority” substitute “ relevant authority ”;

c

in subsection (7), omit the definition of “best value authority”;

d

in that subsection, at the end insert—

“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; or

c

the Metropolitan Police Authority;

“relevant authority” means—

a

a best value authority, other than a police authority or the London Development Agency;

b

a parish council;

c

a parish meeting of a parish which does not have a separate parish council; or

d

a community council.

6

In section 96 (regulation of trading powers)—

a

in subsections (1), (2) and (3)(c) for “best value authority” substitute “ relevant authority ”;

b

in subsection (3)(a) and (b) for “best value authorities” substitute “ relevant authorities ”;

c

for subsection (4) substitute—

4

In this section, “relevant authority” has the meaning given in section 95.

7

In section 97 (power to modify enactments in connection with charging or trading)—

a

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

b

in subsections (2), (4)(c), (6) and (11) (in the definition of “discretionary service” and “ordinary functions”) for “best value authority” substitute “ relevant authority ”;

c

in subsection (11) at the end insert—

“relevant authority” means—

a

a best value authority;

b

a parish council;

c

a parish meeting of a parish which does not have a separate parish council; or

d

a community council.

8

In section 98 (procedure for orders under section 97)—

a

in subsection (1)(a) for “best value authorities” substitute “ relevant authorities ”;

b

after subsection (7) insert—

8

In this section, “relevant authority” has the meaning given in section 97.

9

In section 101 (staff transfer matters: general)—

a

in subsections (1) and (3) for “a best value authority (in Scotland, a relevant authority)” substitute “ a relevant authority ”;

b

in subsection (6)(a)(i) for “all best value authorities (or, as the case may be, relevant authorities)” substitute “ all relevant authorities ”;

c

after subsection (7) insert—

7A

In this section, in relation to England and Wales, “relevant authority” means—

a

a best value authority;

b

a parish council;

c

a parish meeting of a parish which does not have a separate parish council; or

d

a community council.

d

in subsection (8)—

i

after “In this section” insert “ , in relation to Scotland ”;

ii

in the definition of “appropriate person” omit “, in relation to Scotland,”.

10

In section 102 (staff transfer matters: pensions) after subsection (7) insert—

7A

In this section, in relation to England, “local authority” means—

a

a county council in England, 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; and

d

the Greater London Authority so far as it exercises its functions through the Mayor.

7B

In this section, in relation to Wales, “local authority” means a county council, county borough council or community council in Wales.

11

In section 102(8) (definitions)—

a

after “in this section” insert “ , in relation to Scotland ”;

b

in the definition of “appropriate person”, omit “in relation to Scotland,”;

c

in the definition of “local authority”—

i

omit paragraph (a);

ii

in paragraph (b), omit “in relation to Scotland,”;

d

after the definition of “local authority” insert—

9

In this section,