Local Government Act 1999
| Jurisdiction | UK Non-devolved |
| Citation | 1999 c. 27 |
| Year | 1999 |
Local Government Act 1999
1999 Chapter 27
An Act to make provision imposing on local and certain other authorities requirements relating to economy, efficiency and effectiveness; and to make provision for the regulation of council tax and precepts.
[27th July 1999]
B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Best Value
Best value authorities
1 Best value authorities.
(1) For the purposes of this Part each of these is a best value authority—
(a) a local authority;
(b) a National Park authority;
(c) the Broads Authority;
(d) a police authority;
(e) a fire authority constituted by a combination scheme and a metropolitan county fire and civil defence authority;
(f) the London Fire and Emergency Planning Authority;
(g) a waste disposal authority;
(h) a metropolitan county passenger transport authority;
(i) Transport for London;
(j) the London Development Agency.
(2) In relation to England ‘local authority’ in subsection (1)(a) means—
(a) a county council, 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;
(d) the Greater London Authority so far as it exercises its functions through the Mayor.
(3) In relation to Wales ‘local authority’ in subsection (1)(a) means a county council, a county borough council or a community council.
(4) In subsection (1)(d) ‘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;
(c) the Metropolitan Police Authority.
(5) In subsection (1)(g) ‘waste disposal authority’ means an authority which—
(a) is a waste disposal authority for the purposes of Part II of the Environmental Protection Act 1990 , or
(b) is established under section 10 of the Local Government Act 1985 (joint arrangements).
2 Power to extend or disapply.
(1) The Secretary of State may by order provide that any of the authorities and bodies mentioned in subsection (2) is a best value authority for the purposes of this Part.
(2) The authorities and bodies are—
(a) a local precepting authority within the meaning of section 39(2) of the Local Government Finance Act 1992 ;
(b) a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 ;
(c) a body to which section 75 of that Act applies (special levies).
(3) An order under subsection (1) providing for an authority or body to be a best value authority may provide for section 7 to have effect in relation to that authority or body with specified modifications.
(4) The Secretary of State may by order provide for the Greater London Authority to be a best value authority for the purposes of this Part in relation to—
(a) specified functions of the Authority which it does not exercise through the Mayor;
(b) specified functions which are not functions of the Authority but are functions of another best value authority;
and an order may provide for this Part to have effect in relation to those functions with specified modifications.
(5) The Secretary of State may by order provide that a best value authority specified, or of a description specified, in the order is not to be subject, in relation to such functions as may be specified, to a duty—
(a) which is specified in the order, and
(b) to which the authority would otherwise be subject under this Part.
(6) No order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.
Duties
3 The general duty.
(1) A best value authority must make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
(2) For the purpose of deciding how to fulfil the duty arising under subsection (1) an authority must consult—
(a) representatives of persons liable to pay any tax, precept or levy to or in respect of the authority,
(b) representatives of persons liable to pay non-domestic rates in respect of any area within which the authority carries out functions,
(c) representatives of persons who use or are likely to use services provided by the authority, and
(d) representatives of persons appearing to the authority to have an interest in any area within which the authority carries out functions.
(3) For the purposes of subsection (2) ‘representatives’ in relation to a group of persons means persons who appear to the authority to be representative of that group.
(4) In deciding on—
(a) the persons to be consulted, and
(b) the form, content and timing of consultations,
an authority must have regard to any guidance issued by the Secretary of State.
4 Performance indicators and standards.
(1) The Secretary of State may by order specify—
(a) factors (‘performance indicators’) by reference to which a best value authority's performance in exercising functions can be measured;
(b) standards (‘performance standards’) to be met by best value authorities in relation to performance indicators specified under paragraph (a).
(2) An order may specify different performance indicators or standards—
(a) for different functions;
(b) for different authorities;
(c) to apply at different times.
(3) Before specifying performance indicators or standards the Secretary of State shall consult—
(a) persons appearing to him to represent the best value authorities concerned, and
(b) such other persons (if any) as he thinks fit.
(4) In specifying performance indicators and standards, and in deciding whether to do so, the Secretary of State—
(a) shall aim to promote improvement of the way in which the functions of best value authorities are exercised, having regard to a combination of economy, efficiency and effectiveness, and
(b) shall have regard to any recommendations made to him by the Audit Commission.
(5) In exercising a function a best value authority must meet any applicable performance standard specified under subsection (1)(b).
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