1999 No. 2169 (C. 53)

LOCAL GOVERNMENT, ENGLAND
LOCAL GOVERNMENT, WALES

The Local Government Act 1999 (Commencement No. 1) Order 1999

Made

The Secretary of State, in exercise of the powers conferred on him by sections 27(2) and (4) of the Local Government Act 19991 and of all other powers enabling him in that behalf, hereby makes the following Order:–

Citation and interpretation1

1

This Order may be cited as the Local Government Act 1999 (Commencement No. 1) Order 1999.

2

In this Order “the Act” means the Local Government Act 1999.

Provisions coming into force on 10th August 19992

1

Sections 1(1)(d), (e), (4)(a) and (b) and 17 of the Act shall come into force in relation to England and Wales on 10th August 1999.

2

The provisions of the Act specified in column 1 of Schedule 1 to this Order (which relate to the matters specified in column 2 of that Schedule) shall come into force on 10th August 1999–

a

in relation to England;

b

in relation to Wales in so far as those provisions relate to an authority falling within section 1(1)(d) or (e) of the Act.

Provisions coming into force on 27th September 19993

1

Sections 16, 18 and 24(1) of the Act shall come into force in relation to England and Wales on 27th September 1999.

2

The provisions of the Act as specified in column 1 of Schedule 2 to this Order (which relate to the matters specified in column 2 of that Schedule) shall come into force on 27th September 1999–

a

in relation to England;

b

in relation to Wales in so far as those provisions relate to an authority falling within section 1(1)(d) or (e) of the Act.

Provisions coming into force on 1st April 20004

1

Sections 14 and 24(2) and (3) of the Act shall come into force in relation to England and Wales on 1st April 2000.

2

The provisions of the Act specified in column 1 of Schedule 3 to this Order (which relate to matters specified in column 2 of that Schedule) shall come into force on 1st April 2000–

a

in relation to England;

b

in relation to Wales in so far as those provisions relate to an authority falling within section 1(1)(d) or (e) of the Act.

Signed by authority of the Secretary of State

Hilary ArmstrongMinister of State,Department of the Environment, Transport and the Regions

SCHEDULE 1PROVISIONS COMING INTO FORCE ON 10TH AUGUST 1999

Article 2(2)

(1)

(2)

Provisions of the Act

Subject matter of provisions

Section 1(1)(a), (b), (c), (g), (h), (2)(a), (b) and (c) and (5)

Best value authorities: definition.

Section 3(2), (3) and (4)

The general duty: consultation, definition of “representatives”, and guidance.

Section 4(3) and (4)

Performance indicators and standards: consultation and specification requirements.

Section 12(4)

Fees: consultation.

Section 23(4)

Accounts: consultation.

Section 26(2)(c), (3) and (4)

Guidance: consultation requirements.

SCHEDULE 2PROVISIONS COMING INTO FORCE ON 27TH SEPTEMBER 1999

Article 3(2)

(1)

(2)

Provisions of the Act

Subject matter of provisions

Section 2 except subsection (4)

Power to extend or disapply.

Section 4(1) and (2)

Performance indicators and standards: orders.

Section 5(2), (4), (5), (6) and (7)

Best value reviews: orders and guidance.

Section 6

Best value performance plans.

Section 8(2), (3), (4), (5), (6) and (7)

Code of practice and fees: preparation by the Audit Commission of code of practice and prescription of fees.

Section 10(4) for the purposes of the issue of guidance by the Secretary of State

Inspections: guidance.

Section 12(1)

Fees: prescription of fees by the Audit Commission.

Section 15(7) and (8)

Secretary of State’s powers: Regulations.

Section 19

Contracts: exclusion of non-commercial considerations.

Section 20

Publication of information.

Section 22

Audit Commission.

Section 23, except subsection (4)

Accounts.

Section 25

Coordination of inspections, &c.

Section 26(1) and (2)(a), (b) and (d)

Guidance: general.

SCHEDULE 3PROVISIONS COMING INTO FORCE ON 1ST APRIL 2000

Article 4(2)

(1)

(2)

Provisions of the Act

Subject matter of provisions

Section 3(1)

The general duty

Section 4(5)

Best value authorities' duty to meet performance standards.

Section 5(1) and (3)

Best value authorities' obligation to conduct reviews.

Section 7

Audit of best value performance plans.

Section 8(1)

Auditor’s obligation to have regard to any code of practice issued under section 8.

Section 9

Response to audit.

Section 10(1), (2), (3) and (4) so far as not already in force

Best value inspections by the Audit Commission.

Section 11

Inspectors' powers and duties.

Section 12(2) and (3)

Fees payable for best value inspections.

Section 13

Inspection reports.

Section 15 except subsections (7) and (8)

Secretary of State’s powers: Enforcement.