The Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/598 |
| Year | 2005 |
2005 No. 598
LOCAL GOVERNMENT, ENGLAND
The Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005
Made 7th March 2005
Laid before Parliament 10th March 2005
Coming into force 1st April 2005
The First Secretary of State, in exercise of the powers conferred by section 4(1) and (2) and 28(1)(b) of the Local Government Act 19991, and having consulted, in accordance with section 4(3) of that Act, persons appearing to him to represent the best value authorities concerned and such other persons as he thought fit, hereby makes the following Order:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005 and shall come into force on 1st April 2005.
(2) In this Order—
“the Act” means the Local Government Act 1999;
“DEFRA” means the Department for the Environment, Food and Rural Affairs;
“DETR” means the Department of the Environment, Transport and the Regions;
“ODPM” means the Office of the Deputy Prime Minister;
“development” has the same meaning as in section 55 of the Town and Country Planning Act 19902;
“disabled person” has the same meaning as in section 1 of the Disability Discrimination Act 19953;
“ethnic minority communities” means communities which are composed of people from any of the following ethnic backgrounds: Caucasian and Black African, Caucasian and Black Caribbean, Caucasian and Asian, any other mixed race background, Indian, Pakistani, Bangladeshi, any other Asian background, Black Caribbean, Black African, any other Black background, Chinese.
“fire and rescue authority” means a fire and rescue authority within the meaning of section 1 of the Fire and Rescue Services Act 20044;
“highway authority” has the meaning as in section 1(2) and (3) of the Highways Act 19805;
“intentionally homeless” has the meaning as in section 191 of the Housing Act 19966;
“major planning application” means a planning application for development involving any one of the following—
(a) the winning and working of minerals or the use of land for mineral-working deposits;
(b) waste development;
(c) the provision of dwelling houses where—
(i) the number of dwelling-houses to be provided is 10 or more; or
(ii) the development is to be carried out on a site having an area of 0.5 hectare or more and it is not known whether the development falls within paragraph (c)(i);
(d) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or
(e) development carried out on a site having an area of 1 hectare or more;
“minor planning application” means a planning application that is neither a major nor an other planning application;
“other planning application” means the following planning applications: mineral application other than those which are classed as major applications, consents to alter, householder developments, change of use of a building, advertisements, extensions or demolition of listed buildings, conservation area consents;
“port health authority” is an authority or board constituted as a port health authority by an order under section 2 of the Public Health (Control of Disease) Act 19847;
“principal council” means a council elected for a principal area as defined in section 270 of the Local Government Act 19728;
“priority need for accommodation” has the meaning given in section 189 of the Housing Act 1996;
“unitary council” means a district council or a county council which is the sole principal council for its local government area;
“waste authority” means a waste collection authority or a waste disposal authority;
“waste collection authority” has the same meaning as in section 30(3) of the Environment Protection Act 19909;
“waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, storing, processing or disposing of refuse or waste materials;
“youth work” means a service providing activities for young people directly funded by a local authority.
(3) In this Order—
(a)
(a) a reference to a numbered indicator or standard in a particular Schedule is to the indicator or standard so numbered in column 1 of that Schedule and which is described in column 2 of that Schedule;
(b)
(b) a reference to a numbered Schedule is a reference to the Schedule to this Order bearing that number.
Application
2. This Order applies to best value authorities in England, except police authorities.
General corporate health performance indicators
3.—(1) The performance of the best value authorities specified in paragraph (2), in exercising all of their functions, shall be measured by reference to indicators 1to 12 in Schedule 1.
(2) The best value authorities specified for the purposes of paragraph (1) are —
(a)
(a) district councils;
(b)
(b) the Council of the Isles of Scilly;
(c)
(c) London borough councils;
(d)
(d) the Common Council of the City of London, in its capacity as a local authority; and
(e)
(e) county councils which are unitary councils.
(3) The performance of the best value authorities specified in paragraph (4), in exercising all of their functions, shall be measured by reference to indicators 1,2, and 5 to 12 in Schedule 1.
(4) The best value authorities specified for the purposes of paragraph (3) are—
(a)
(a) the Greater London Authority;
(b)
(b) Transport for London;
(c)
(c) the London Development Agency; and
(d)
(d) county councils which are not unitary councils.
(5) The performance of National Park authorities and the Broads Authority, in exercising all of their functions, shall be measured by reference to indicators 1, 2 and 6 to 12 in Schedule 1.
(6) The performance of fire and rescue authorities, in exercising all of their functions, shall be measured by reference to indicators 1, 2,5,6,8,9,10 and 12 in Schedule 1.
(7) The performance of waste disposal authorities established under section 10 of the Local Government Act 198510, in exercising all of their functions, shall be measured by reference to indicators 2 and 5 to 12 in Schedule 1.
(8) The performance of metropolitan county passenger authorities, in exercising all of their functions, shall be measured by reference to indicators 1, 2 and 5 to 10 of Schedule 1.
Performance indicators for education
4.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their education functions, shall be measured by reference to the indicators in Schedule 2.
(2) The best value authorities specified for the purposes of paragraph (1) are—
(a)
(a) county councils;
(b)
(b) the Council of the Isles of Scilly;
(c)
(c) the Common Council of the City of London in its capacity as a local authority;
(d)
(d) London borough councils;
(e)
(e) metropolitan district councils; and
(f)
(f) non-metropolitan councils which are unitary councils.
Performance indicators for the health and social care of children
5.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to the health and social care of children, shall be measured by reference to the indicators in Schedule 3.
(2) The best value authorities specified for the purposes of paragraph (1) are—
(a)
(a) county councils;
(b)
(b) the Council of the Isles of Scilly;
(c)
(c) the Common Council of the City of London in its capacity as a local authority;
(d)
(d) London borough councils;
(e)
(e) metropolitan district councils; and
(f)
(f) non-metropolitan councils which are unitary councils.
Performance indicators for the health and social care of adults
6.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to the health and social care of adults, shall be measured by reference to the indicators in Schedule 4.
(2) The best value authorities specified for the purposes of paragraph (1) are—
(a)
(a) county councils;
(b)
(b) the Council of the Isles of Scilly;
(c)
(c) the Common Council of the City of London in its capacity as a local authority;
(d)
(d) London borough councils;
(e)
(e) metropolitan district councils; and
(f)
(f) non-metropolitan councils which are unitary councils.
Performance indicators for housing and housing related services
7.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to housing and housing related services, shall be measured by reference to the indicators in Schedule 5.
(2) The best value authorities specified for the purposes of paragraph (1) are—
(a)
(a) the Council of the Isles of Scilly;
(b)
(b) the Common Council of the City of London in its capacity as a local authority;
(c)
(c) London borough councils;
(d)
(d) district councils; and
(e)
(e) county councils which are unitary councils.
(3) For the purposes of the indicators specified in Schedule 5 “residential accommodation” includes caravans, mobile homes and houseboats.
Performance indicators for homelessness
8.—(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to dealing with homelessness, shall be measured by reference to the indicators in Schedule 6.
(2) The best value authorities specified for the purposes of paragraph (1) are—
(a)
(a) the Council of the Isles of Scilly;
(b)
(b) the Common Council of the City of London in its capacity as a local authority;
(c)
(c) London borough councils;
(d)
(d) district councils; and
(e)
(e) county councils which are...
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