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The Local Government (Best Value) Performance Indicators and Performance Standards (England) (Amendment) Order 2007

The Local Government (Best Value) Performance Indicators and Performance Standards (England) (Amendment) Order 2007 (Memo)

EXPLANATORY MEMORANDUM TO THE LOCAL GOVERNMENT (BEST VALUE) PERFORMANCE INDICATORS AND PERFORMANCE STANDARDS (ENGLAND) (AMENDMENT) ORDER 2007 NO.585

EXPLANATORY MEMORANDUM TO

THE LOCAL GOVERNMENT (BEST VALUE) PERFORMANCE INDICATORS AND PERFORMANCE STANDARDS (ENGLAND) (AMENDMENT) ORDER 2007

2007 No. 585

1. This explanatory memorandum has been prepared by the Department for Communities and Local Government and is laid before Parliament by Command of Her Majesty.

2. Description

2.1 The Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005 (SI 2005/598) (the 2005 Order) set performance indicators by reference to which the performance of certain best value authorities, in exercising their functions, can be measured. The Order also specified performance standards to be met by particular authorities in respect of certain planning functions. The 2005 Order also specified performance standards to be met by waste authorities with respect to the proportion of household waste sent for recycling and composting.

2.2 This Order amends the list of specific authorities subject to performance standards for certain planning functions. This Order also sets the performance standards for waste authorities in 2007/08 in respect of the proportion of household waste sent for recycling/composting. It retains for 2007/08 the basis for which standards were set for all authorities in 2005/06 except for authorities who had the lowest standard of 18 per cent, who will have their standard raised to 20 per cent for 2007/08. This Order also amends the list of specific waste authorities that will have different recycling/composting standards.

3. Matters of special interest to the Joint Committee on Statutory Instruments

None

4. Legislative Background

4.1 Part I (best value) of the Local Government Act 1999 (LGA 1999) imposes a general duty on local authorities and other authorities listed in section 1 of the LGA 1999 (collectively referred to as "best value authorities") to make arrangements to secure continuous improvement in the way in which their functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

4.2 Section 4(1) of the LGA 1999 confers power on the Secretary of State to specify, by order, factors (best value performance indicators) and standards (best value performance standards) by reference to which a best value authority's performance in exercising its functions can be measured.

4.3 Authorities are under a duty (by virtue of section 4(5) of the LGA 1999) to meet best value performance standards ("performance standards"). Where the Secretary of State is satisfied that an authority is failing to comply with the

requirements of Part I of the LGA 1999 (including the duty to meet best value perfor...

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