Statement by the Delegation of Ukraine on the Russia’s ongoing aggression against Ukraine and illegal occupation of Crimea
For the purposes of this Part each of these is a best value authority—
an English local authority;
a National Park authority for a National Park in England;
the Broads Authority;
the Common Council of the City of London in its capacity as a police authority;
a fire and rescue authority in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, and a metropolitan county fire and civil defence authority;
the London Fire and Emergency Planning Authority;
the London Fire Commissioner;
an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an Integrated Transport Authority for an integrated transport area in England;
Transport for London;
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a combined authority established under section 103 of that Act;
a sub-national transport body established under section 102E of the Local Transport Act 2008;
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section, “English local authority” means
a county council in England, a district council or a London borough council;
the Council of the Isles of Scilly;
the Common Council of the City of London in its capacity as a local authority;
the Greater London Authority so far as it exercises its functions through the Mayor.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a police authority established under section 3 of the Police Act 1996;
the Common Council of the City of London in its capacity as a police authority;
the Metropolitan Police Authority.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is a waste disposal authority for the purposes of Part II of the Environmental Protection Act 1990, or
is established under section 10 of the Local Government Act 1985 (joint arrangements).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
The authorities and bodies are—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in England;
a body to which section 75 of that Act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in England.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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— and an order may provide for this Part to have effect in relation to those functions with specified modifications.
specified functions of the Authority which it does not exercise through the Mayor;
specified functions which are not functions of the Authority but are functions of another best value authority;
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 the duty in section 3.
which is specified in the order, and
to which the authority would otherwise be subject under this Part.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
For the purpose of deciding how to fulfil the duty arising under subsection (1) an authority must consult—
representatives of persons liable to pay any tax, precept or levy to or in respect of the authority,
representatives of persons liable to pay non-domestic rates in respect of any area within which the authority carries out functions,
representatives of persons who use or are likely to use services provided by the authority, and
representatives of persons appearing to the authority to have an interest in any area within which the authority carries out functions.
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.
In deciding— an authority must have regard to any guidance issued by the Secretary of State.
how to fulfil the duty arising under subsection (1),
who to consult under subsection (2), or
the form, content and timing of consultations under that subsection,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by order specify—
factors (“performance indicators”) by reference to which a best value authority’s performance in exercising functions can be measured;
standards (“performance standards”) to be met by best value authorities in relation to performance indicators specified under paragraph (a).
An order may specify different performance indicators or standards—
for different functions;
for different authorities;
to apply at different times.
Before specifying performance indicators or standards the Secretary of State shall consult—
persons appearing to him to represent the best value authorities concerned, and
such other persons (if any) as he thinks fit.
In specifying performance indicators and standards, and in deciding whether to do so, the Secretary of State—
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
shall have regard to any recommendations made to him by the Audit Commission.
In exercising a function a best value authority must meet any applicable performance standard specified under subsection (1)(b).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A best value authority must conduct best value reviews of its functions in accordance with the provisions of any order made under this section.
The Secretary of State may by order specify a period within which an authority is to review all its functions, and an order may—
apply to one authority or more;
make different provision in relation to different authorities;
require specified functions to be reviewed in specified financial years.
In conducting a review an authority—
shall aim to improve the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness, and
shall have regard to any guidance issued by the Secretary of State under this section.
The Secretary of State may by order specify matters which an authority must include in a review of a function under this section; and in particular an order may require an authority—
to consider whether it should be exercising the function;
to consider the level at which and the way in which it should be exercising the function;
to consider its objectives in relation to the exercise of the function;
to assess its performance in exercising the function by reference to any performance indicator specified for the function under section 4 or under subsection (6)(a) below;
to assess the competitiveness of its performance in exercising the function by reference to the exercise of the same function, or similar functions, by other best value authorities and by commercial and other businesses;
to consult other best value authorities and commercial and other businesses about the exercise of the function;
to assess its success in meeting any performance standard which applies in relation to the function;
to assess its progress towards meeting any relevant performance standard which has been specified but which does not yet apply;
to assess its progress towards meeting any relevant performance target set under subsection (6)(b).
The Secretary of State may issue guidance on—
the timetable for a review;
the procedure for a review;
the form in which a review should be recorded;
the content of a review.
In particular, guidance may state that an authority should—
specify performance indicators in relation to functions;
set targets for the performance of functions (“performance targets”) by reference to performance indicators specified under section 4 or under paragraph (a);
set a plan of action to be taken for the purposes of meeting a performance target.
Guidance may state the matters which should be taken into account in setting performance targets; and these may include the range of performances expected to be attained by best value authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A best value authority must prepare a best value performance plan for each financial year in accordance with any order made or guidance issued under this section.
The Secretary of State may by order specify matters which an authority must include in a plan for a financial year; and in particular an order may require an authority—
to summarise the authority’s objectives in relation to the exercise of its functions;
to summarise any assessment made by the authority of the level at which and the way in which it exercises its functions;
to state any period within which the authority is required to review its functions under section 5;
to state the timetable the authority proposes to follow in conducting a review;
to state any performance indicators, standards and targets specified or set in relation to the authority’s functions;
to summarise the authority’s assessment of its performance in the previous financial year with regard to performance indicators;
to compare that performance with the authority’s performance in previous financial years or with the performance of other best value authorities;
to summarise its assessment of its success in meeting any performance standard which applied at any time in the previous financial year;
to summarise its assessment of its progress towards meeting any performance standard which has been specified but which does not yet apply;
to summarise its assessment of its progress towards meeting any performance target;
to summarise any plan of action to be taken in the financial year to which the plan relates for the purposes of meeting a performance target;
to summarise the basis on which any performance target was set, and any plan of action was determined, in relation to a function reviewed under section 5 in the previous financial year.
An authority must publish its plan for a financial year before—
31st March of the previous financial year, or
such other date as the Secretary of State may specify by order.
The Secretary of State may issue guidance on the form and content of plans and the manner in which they should be published.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A performance plan published by a best value authority for a financial year under section 6 shall be audited by the authority’s auditor.
An audit of a performance plan is an inspection for the purpose of establishing whether the plan was prepared and published in accordance with section 6 and any order or guidance under that section.
Subsections (1), (2) and (4) to (7) of section 6 of the Audit Commission Act 1998 (auditor’s right to documents and information) shall have effect in relation to an auditor’s functions under this Part as they have effect in relation to his functions under that Act.
In relation to an authority’s performance plan the auditor shall issue a report—
certifying that he has audited the plan,
stating whether he believes that it was prepared and published in accordance with section 6 and any order or guidance under that section,
if appropriate, recommending how it should be amended so as to accord with section 6 and any order or guidance under that section,
if appropriate, recommending procedures to be followed by the authority in relation to the plan,
recommending whether the Audit Commission should carry out a best value inspection of the authority under section 10, and
recommending whether the Secretary of State should give a direction under section 15.
An auditor shall send a copy of his report relating to an authority’s performance plan—
to the authority,
to the Audit Commission, and
if the report recommends that the Secretary of State give a direction under section 15, to the Secretary of State.
Copies of a report shall be sent in accordance with subsection (5)—
by 30th June of the financial year to which the relevant performance plan relates, or
by such other date as the Secretary of State may specify by order.
Subject to subsection (8), the reference in subsection (1) to an authority’s auditor is, in respect of a financial year, a reference to the auditor or auditors appointed to audit the authority’s accounts for the previous financial year.
If a person who would by virtue of subsection (7) be an authority’s auditor in respect of a financial year or one of an authority’s auditors in respect of a financial year— the reference in subsection (1) to the authority’s auditor is, in respect of that financial year, a reference to an auditor or auditors appointed by the Audit Commission.
is no longer eligible for appointment under section 3 of the Audit Commission Act 1998, or
is not willing to act,
Section 3 of the 1998 Act shall apply to an appointment under subsection (8) as if it were an appointment of a person to audit the authority’s accounts under section 2(1) of the 1998 Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An auditor carrying out an audit under section 7 shall have regard to any code of practice under this section.
The Commission shall prepare, and keep under review, a code of practice prescribing the way in which auditors are to carry out their functions under section 7.
Section 4(3) to (6) of the Audit Commission Act 1998 (code of audit practice) shall have effect in relation to a code of practice under this section.
The Audit Commission shall prescribe a scale or scales of fees in respect of the audit of performance plans which are required to be audited in accordance with this Part.
Section 7(3) to (8) of the Audit Commission Act 1998 (fees for audit) (read with section 52(1) and (3) of that Act (orders and regulations)) shall have effect in relation to fees under subsection (4).
Before preparing or altering a code under subsection (2) or prescribing a scale of fees under subsection (4) the Commission shall consult—
the Secretary of State, and
persons appearing to the Commission to represent best value authorities.
Before making any regulations under section 7(8) of the Audit Commission Act 1998 as it has effect in relation to fees under subsection (4) the Secretary of State shall consult—
the Commission, and
persons appearing to the Secretary of State to represent best value authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A best value authority shall publish any report received in accordance with section 7(5)(a).
The following subsections apply where a best value authority receives a report under subsection (4) of section 7 which contains a recommendation under any of paragraphs (c) to (f) of that subsection.
The authority shall prepare a statement of—
any action which it proposes to take as a result of the report, and
its proposed timetable.
A statement required by subsection (3) shall be prepared—
before the end of the period of 30 working days starting with the day on which the authority receives the report, or
if the report specifies a shorter period starting with that day, before the end of that period.
The authority shall incorporate the statement in its next best value performance plan.
If the statement relates to a report which recommends that the Secretary of State give a direction under section 15, the authority shall send a copy of the statement to the Secretary of State—
before the end of the period of 30 working days starting with the day on which the authority receives the report, or
if the report specifies a shorter period starting with that day, before the end of that period.
For the purposes of this section a working day is a day other than—
a Saturday or a Sunday,
Christmas Day or Good Friday, or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may appoint a person to carry out an inspection of a specified best value authority's compliance with the requirements of this Part in relation to specified functions.
The Secretary of State may appoint assistant inspectors for the purposes of the inspection.
The appointment of an assistant inspector must be made on the recommendation of the inspector, unless the Secretary of State thinks that the urgency of the inspection makes it necessary to dispense with this requirement.
In carrying out an inspection, the inspector and any assistant inspector must—
have regard to any guidance issued by the Secretary of State generally in relation to inspections, and
comply with any directions issued by the Secretary of State in relation to that inspection.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An inspector has a right of access at all reasonable times—
to any premises of the best value authority concerned, and
to any document relating to the authority which appears to him to be necessary for the purposes of the inspection.
The right conferred by subsection (1)(b) includes power to inspect, copy or take away the document.
An inspector—
may require a person holding or accountable for any such document to give him such information and explanation as he thinks necessary, and
may require that person to attend before him in person to give the information or explanation or to produce the document.
A best value authority shall provide an inspector with every facility and all information which he may reasonably require for the purposes of the inspection.
In relation to a document kept in electronic form, the power in subsection (2)(b) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away.
An inspector shall—
give three clear days’ notice of any requirement under this section, and
..., if so required, produce documents identifying himself.
In connection with inspecting such a document, an inspector—
may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been used in connection with the document;
may require a person within subsection (2C) to afford him such reasonable assistance as he may require for that purpose.
A person who without reasonable excuse obstructs the exercise of any power conferred by this section or fails to comply with a requirement of an inspector under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person is within this subsection if he is—
the person by whom or on whose behalf the computer is or has been used; or
a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.
Any expenses incurred by an inspector in connection with proceedings for an offence under subsection (5) alleged to have been committed in relation to an inspection of a best value authority are, so far as not recovered from any other source, recoverable from the authority.
In this section “ inspector ” means—
an inspector or assistant inspector appointed under section 10(1) or (2).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An authority inspected under section 10 must pay the reasonable fees of the inspector for carrying out the inspection.
The Audit Commission shall prescribe a scale or scales of fees in respect of inspections carried out under section 10.
An authority inspected under section 10 shall, subject to subsection (3), pay to the Commission the fee applicable to the inspection in accordance with the appropriate scale.
If it appears to the Commission that the work involved in a particular inspection was substantially more or less than that envisaged by the appropriate scale, the Commission may charge a fee which is larger or smaller than that referred to in subsection (2).
Before prescribing a scale of fees under this section the Commission shall consult—
the Secretary of State, and
persons appearing to the Commission to represent best value authorities.
Where an inspector has carried out an inspection of an authority under section 10 the inspector shall issue a report.
A report—
shall mention any matter in respect of which the inspector believes as a result of the inspection that the authority is failing to comply with the requirements of this Part, and
may, if it mentions a matter under paragraph (a), recommend that the Secretary of State give a direction under section 15.
The inspector —
shall send a copy of a report to the authority concerned and to the Secretary of State , and
may publish a report and any information in respect of a report.
The Secretary of State may publish a report and any information in respect of a report.
If a report recommends that the Secretary of State give a direction under section 15, the inspector shall as soon as reasonably practicable—
arrange for the recommendation to be published, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that fact, and
any action taken by the authority as a result of the report.
If a report relates to any extent to the administration of housing benefit or council tax benefit and the inspector thinks fit to do so, the inspector shall as soon as reasonably practicable send a copy of the report to the Secretary of State.
The Auditor General for Wales shall prescribe a scale or scales of fees in respect of inspections carried out under section 10A.
An authority inspected under section 10A shall, subject to subsection (3), pay to the Auditor General for Wales the fee applicable to the inspection in accordance with the appropriate scale.
If it appears to the Auditor General for Wales that the work involved in a particular inspection was substantially more or less than that envisaged by the appropriate scale, the Auditor General for Wales may charge a fee which is larger or smaller than that referred to in subsection (2).
Before prescribing a scale of fees under this section the Auditor General for Wales shall consult—
the Secretary of State, and
persons appearing to the Auditor General for Wales to represent best value authorities which may be inspected under section 10A.
The following shall be substituted for section 139A(1) and (2) of the Social Security Administration Act 1992 (reports on administration of housing benefit and council tax benefit)—
In section 139C(1) of that Act (reports) for the words from “in particular” to the end there shall be substitutedin particular—
This section applies in relation to a best value authority if the Secretary of State is satisfied that it is failing to comply with the requirements of this Part.
Where this section applies in relation to an authority the Secretary of State may
to prepare or amend a performance plan;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to follow specified procedures in relation to a performance plan;
in the case of any best value authority, direct it to carry out a review of its exercise of specified functions.
Where this section applies in relation to an authority the Secretary of State may direct a local inquiry to be held into the exercise by the authority of specified functions.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (inquiries) shall apply in relation to an inquiry which the Secretary of State directs to be held under this section as they apply in relation to an inquiry which a Minister causes to be held under that section.
Where this section applies in relation to an authority the Secretary of State may direct the authority to take any action which he considers necessary or expedient to secure its compliance with the requirements of this Part.
Where this section applies in relation to an authority the Secretary of State may direct—
that a specified function of the authority shall be exercised by the Secretary of State or a person nominated by him for a period specified in the direction or for so long as the Secretary of State considers appropriate, and
that the authority shall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of that function and shall provide such assistance as the Secretary of State or his nominee may require for the purpose of exercising the function.
So far as is appropriate in consequence of a direction given under subsection (6)(a), a reference (however expressed) in an enactment, instrument or other document to a best value authority is to be read as a reference to the person by whom the function is exercisable.
The Secretary of State may by regulations make provision which—
relates to an enactment which confers a function on him in respect of a function of a best value authority, and
he considers necessary or expedient for the purposes of cases in which he makes a direction under subsection (6)(a).
Subsection (6C) applies if a direction given under subsection (6)(a) expires or is revoked without being replaced.
Regulations under subsection (7) may, in relation to the cases mentioned in subsection (7)(b)—
disapply or modify an enactment of the kind mentioned in subsection (7)(a);
have an effect similar to the effect of an enactment of that kind.
So far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the best value authority to which the direction was given.
Subject to subsection (11), before giving a direction under this section the Secretary of State shall give the authority concerned an opportunity to make representations about—
the report (if any) as a result of which the direction is proposed, and
the direction proposed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may give a direction without complying with subsection (9) ... if he considers the direction sufficiently urgent.
Where the Secretary of State gives a direction without complying with subsection (9) ... he shall inform— of the direction and of the reason why it was given without complying with subsection (9) or (10).
the authority concerned, and
such persons appearing to him to represent best value authorities as he considers appropriate,
A direction given under this section shall be enforceable by order of mandamus on the application of the Secretary of State.
Where the Auditor General for Wales has carried out an inspection of an authority under section 10A he shall issue a report.
A report—
shall mention any matter in respect of which the Auditor General for Wales believes as a result of an inspection that the authority is failing to comply with the requirements of this Part, and
may, if it mentions a matter under paragraph (a), recommend that the Secretary of State give a direction under section 15.
The Auditor General for Wales—
shall send a copy of a report to the authority concerned, and
may publish a report and any information in respect of a report.
If a report recommends that the Secretary of State give a direction under section 15, the Auditor General for Wales shall as soon as reasonably practicable—
arrange for the recommendation to be published, and
send a copy of the report to the Secretary of State.
If a report relates to any extent to the administration of housing benefit or council tax benefit and the Auditor General for Wales thinks fit to do so, he shall as soon as reasonably practicable send a copy of the report to the Secretary of State.
If a report states that the Auditor General for Wales believes as a result of an inspection that a Welsh best value authority is failing to comply with the requirements of this Part, the next performance plan prepared by the authority under section 6 must record—
that fact, and
any action taken by the authority as a result of the report.
If the Secretary of State thinks that an enactment prevents or obstructs compliance by best value authorities with the requirements of this Part he may by order make provision modifying or excluding the application of the enactment in relation to—
all best value authorities,
particular best value authorities, or
particular descriptions of best value authority.
The Secretary of State may by order make provision conferring on— which he considers necessary or expedient to permit or facilitate compliance with the requirements of this Part.
all best value authorities,
particular best value authorities, or
particular descriptions of best value authority,
An order under this section may—
impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);
amend an enactment;
include consequential, incidental and transitional provision;
make different provision for different cases.
The power under subsection (3)(d) includes, in particular, power to make different provision in relation to different authorities or descriptions of authority.
Subject to subsection (4A), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.
In exercising a power under this section, the Secretary of State must not make provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.
In exercising a power conferred under subsection (2) a best value authority shall have regard to any guidance issued by the Secretary of State.
In exercising a power under this section, the Secretary of State—
must not make provision amending, or modifying or excluding the application of, Measures or Acts of the National Assembly for Wales without the consent of the National Assembly for Wales;
must not make provision amending, or modifying or excluding the application of, subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers.
Subsection (3C) does not apply to the extent that the Secretary of State is making incidental or consequential provision.
An order under this section which is made only for the purpose of amending an earlier order under this section— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,
In this section—
“ enactment ” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before the Secretary of State makes an order under section 16 he shall consult such authorities or persons as appear to him to be representative of interests affected by his proposals.
If, following consultation under subsection (1), the Secretary of State proposes to make an order under section 16 he shall lay before each House of Parliament a document explaining his proposals and, in particular—
setting them out in the form of a draft order, and
giving details of consultation under subsection (1) above.
Where a document relating to proposals is laid before Parliament under subsection (2), no draft of an order under section 16 to give effect to the proposals (with or without modification) shall be laid before Parliament until after the expiry of the period of sixty days beginning with the day on which the document was laid.
In calculating the period mentioned in subsection (3) no account shall be taken of any time during which—
Parliament is dissolved or prorogued, or
either House is adjourned for more than four days.
In preparing a draft order under section 16 the Secretary of State shall consider any representations made during the period mentioned in subsection (3) above.
A draft order laid before Parliament in accordance with section 16(4) must be accompanied by a statement of the Secretary of State giving details of—
any representations considered in accordance with subsection (5) above, and
any changes made to the proposals contained in the document laid before Parliament under subsection (2) above.
Nothing in this section applies to an order under section 16 which is made only for the purpose mentioned in section 16(4A).
If the Welsh Ministers think that an enactment prevents or obstructs compliance by Welsh best value authorities with the requirements of this Part they may by order make provision modifying or excluding the application of the enactment in relation to—
all Welsh best value authorities,
particular Welsh best value authorities, or
particular descriptions of Welsh best value authority.
The Welsh Ministers may by order make provision conferring on— any power which they consider necessary or expedient to permit or facilitate compliance with the requirements of this Part.
all Welsh best value authorities,
particular Welsh best value authorities, or
particular descriptions of Welsh best value authority,
An order under this section may—
impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);
amend an enactment;
include consequential, incidental and transitional provision;
make different provision for different cases.
The power under subsection (3)(d) includes, in particular, power to make different provision in relation to different authorities or descriptions of authority.
An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence.
For the purposes of subsection (5), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted.
Subject to subsection (8), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, the National Assembly for Wales.
An order under this section which is made only for the purpose of amending an earlier order under this section— shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,
In exercising a power conferred under subsection (2) a Welsh best value authority shall have regard to any guidance issued by the Welsh Ministers.
In this section, “enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978).
Section 70 of the Deregulation and Contracting Out Act 1994 (contracting out functions of local authorities) shall apply in relation to functions of any relevant best value authority (other than excluded functions within the meaning of section 71) as it applies in relation to certain functions of local authorities.
An order under section 70 as applied by subsection (1) above may be made only—
by the Secretary of State, and
if he considers the order necessary or expedient for the purpose of permitting or facilitating compliance with the requirements of this Part.
In this section “relevant best value authority” means a best value authority which is not a local authority for the purposes of section 70 of the Deregulation and Contracting Out Act 1994.
Before the Welsh Ministers make an order under section 17A they shall consult such authorities or persons as appear to them to be representative of interests affected by their proposals.
If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 17A they shall lay before the National Assembly for Wales a document explaining their proposals and, in particular—
setting them out in the form of a draft order, and
giving details of consultation under subsection (1).
Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 17A to give effect to the proposals (with or without modification) shall be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid.
In calculating the period mentioned in subsection (3) no account shall be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.
In preparing a draft order under section 17A the Welsh Ministers shall consider any representations made during the period mentioned in subsection (3) above.
A draft order laid before the National Assembly for Wales in accordance with section 17A(7) shall be accompanied by a statement of the Welsh Ministers giving details of—
any representations considered in accordance with subsection (5) above, and
any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2) above.
Nothing in this section applies to an order under section 17A which is made only for the purpose mentioned in section 17A(8).
The Secretary of State may by order provide, in relation to— for a specified matter to cease to be a non-commercial matter for the purposes of section 17 of the Local Government Act 1988 (local and other public authority contracts: exclusion of non-commercial considerations).
all relevant authorities,
particular relevant authorities, or
particular descriptions of relevant authority,
An order under this section may—
provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent;
apply in relation to specified authorities, functions or contracts;
make different provision for different cases;
include consequential or transitional provision (including provision amending an enactment).
The power under subsection (2)(c) includes, in particular, power to make different provision for different authorities or descriptions of authority.
Subject to subsection (3A), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.
In exercising a function regulated by section 17 of the Local Government Act 1988 with reference to a matter which is the subject of an order under this section a relevant authority shall have regard to any guidance issued by the Secretary of State.
An order under this section which is made only for the purpose of amending an earlier order under this section— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,
In this section, “relevant authority” means—
a best value authority,
a county council or county borough council in Wales,
a National Park authority for a National Park in Wales,
a fire and rescue authority in Wales, constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
a parish council, or
a community council.
At the end of section 2(1) of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information) there shall be inserted— ;and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following provisions shall cease to have effect on 2nd January 2000—
Part III of the Local Government, Planning and Land Act 1980 (direct labour organisations);
Part I of the Local Government Act 1988 (competition);
section 32 of and Schedule 6 to that Act (direct labour organisations);
sections 8 to 11 of and Schedule 1 to the Local Government Act 1992 (competition).
The Secretary of State may issue to best value authorities guidance which—
concerns the exercise of their functions between 2nd January 2000 and the date on which any provision of this Part comes into force, and
is designed to secure or facilitate compliance with the requirements of the provision after it comes into force.
A best value authority shall have regard to any guidance issued by the Secretary of State under this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a committee or sub-committee established by the Commission (including a committee or sub-committee including persons who are not members of the Commission), or
an officer or servant of the Commission.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1)(a), for “the provision of local authority services and of other services provided by bodies subject to audit” substitute “the exercise of the functions of best value authorities and the provision of services provided by other bodies subject to audit”, and
in subsection (6)(a) for “local authorities” substitute “best value authorities”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after “any provision of this Act” insert “or of Part I of the Local Government Act 1999”, and
at the end of paragraph (b) insert “or under Part I of the 1999 Act”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may make regulations about the keeping of accounts by best value authorities.
The regulations may—
require accounts and statements of accounts to be prepared, kept and certified in such form or manner as the regulations may specify;
require accounts to be deposited at such places as the regulations may specify;
require the publication of information about accounts and of statements of accounts;
make provision (which may include provision requiring the payment of fees) entitling specified classes of person to inspect and to make or receive copies of specified documents.
The regulations may—
make provision in relation to best value authorities generally or in relation to one or more particular authorities;
make different provision for different cases.
Before making regulations under subsection (1) the Secretary of State must consult—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the authorities concerned or persons appearing to him to represent them, and
such bodies of accountants as appear to him to be appropriate.
If— the person is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
a person contravenes a provision of regulations under subsection (1) without reasonable excuse, and
the regulations declare that contravention of the provision is an offence,
Any expenses incurred by an auditor ... in connection with proceedings in respect of an offence under subsection (5) which is alleged to have been committed in relation to the accounts of an authority are recoverable from the authority so far as they are not recovered from any other source.
In subsection (6), “auditor” means a local auditor appointed in accordance with the Local Audit and Accountability Act 2014 or provision made under it ... to audit the best value authority's accounts.
Section 8(2) of the Police Act 1996 (local policing plans) shall be amended by—
the omission of the word “and” after paragraph (b), and
, and
In section 54 of that Act (inspectors of constabulary) after subsection (2) there shall be inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In arranging for or carrying out— a person or body to whom this section applies shall have regard to any guidance issued by the Secretary of State for the purposes of securing the coordination of different kinds of inspection, inquiry and investigation.
inspections of best value authorities, or
inquiries or investigations in relation to best value authorities,
This section applies to—
an inspector or assistant inspector appointed under section 10(1) or (2);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an inspector, assistant inspector or other officer appointed under section 24(1) of the Fire Services Act 1947 (inspectors of fire brigades);
Her Majesty's Chief Inspector of Education, Children's Services and Skills;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Care Quality Commission;
a person carrying out an inspection under section 48 of the National Health Service and Community Care Act 1990 (inspection of premises used for provision of community care services);
a person conducting an inspection under section 80 of the Children Act 1989 (inspection of children’s homes, &c.) or an inquiry under section 81 of that Act (inquiries in relation to children);
a person authorised under section 139A(1) of the Social Security Administration Act 1992 (reports on administration of housing benefit and council tax benefit);
an inspector appointed under section 54 of the Police Act 1996 (inspectors of constabulary).
The Secretary of State may by order provide for this section to apply to a person or body specified in the order.
This section has effect in relation to any guidance issued by the Secretary of State under this Part.
The Secretary of State—
may issue guidance to or in respect of ... authorities generally or to or in respect of one or more particular authorities;
may issue different guidance to or in respect of different authorities;
must, before he issues guidance, consult the authorities concerned or persons appearing to him to represent them;
must arrange for guidance to be published.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before issuing guidance under section 25 the Secretary of State shall, in addition to the consultation required by subsection (2)(c) above, consult the persons or bodies concerned.
Subject to subsections (2) and (3), sections 1 to 20 and 22 to 26 shall come into force at the end of the period of 12 months beginning with the day on which this Act is passed.
The Secretary of State may by order provide for—
any of sections 1 to 13, 15, 19, 20, 22, 23, 25 and 26 to be brought into force in relation to England before the time appointed by subsection (1);
any of those sections, in so far as it relates to an authority falling within section 1(1)(d) or (e), to be brought into force in relation to Wales before that time;
any of sections 14, 16 to 18 and 24 to be brought into force before that time.
The National Assembly for Wales may by order provide for any of the sections mentioned in subsection (2)(a), except in so far as it relates to an authority falling within section 1(1)(d) or (e), to be brought into force in relation to Wales before the time appointed by subsection (1).
An order under subsection (2) or (3) may appoint different days for different purposes.
An order or regulations under this Part—
shall be made by statutory instrument, and
may include supplementary, incidental, consequential and transitional provisions.
An order under section ... 4, ... ... or 25, and regulations under section 15 or 23, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section has effect for the purposes of the application of this Part in relation to Wales, ....
for each reference to the Secretary of State there shall be substituted a reference to the National Assembly for Wales;
sections 2(6), 19(3) and 28(2) shall be omitted.
For each reference to the Secretary of State in sections ... 19, ... there shall be substituted a reference to the Welsh Ministers.
in relation to an authority falling within section 1(1)(d) or (e), or
in relation to any of sections 14, 16 to 18, 24 and 27.
Subsection (1)(a) does not apply to section 13A(4A).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and
shall not amend, or modify or exclude the application of, legislation made by the National Assembly for Wales, unless the Assembly consents.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 19(3) and (3A) for each reference to each House, or either House, of Parliament there shall be substituted a reference to the National Assembly for Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 1 shall have effect.
That Schedule shall apply in relation to the limitation of council tax and precepts as regards the financial year beginning with 1st April 2000 and subsequent financial years.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies if the amount calculated by a major precepting authority as its budget requirement for a financial year is excessive.
Whether an amount is excessive shall be determined by reference to criteria specified and published by the Secretary of State.
Where this section applies the precepting authority must pay a sum to each billing authority to which the precepting authority has power to issue a precept.
The Secretary of State’s criteria may refer to such factors as he thinks fit, and—
the factors may differ from factors relevant for the purposes of Chapter IVA or V of Part I of the Local Government Finance Act 1992;
different factors may be applied with regard to different authorities or categories of authority;
any category determined for this purpose may be different from any category or class relevant for the purposes of Chapter IVA or V.
The Secretary of State may by regulations make provision—
as to how sums are to be calculated;
as to the manner in which sums are to be paid;
as to the period within which, or time or times at which, sums or instalments of sums are to be paid;
as to the recovery (by deduction or otherwise) of any excess amount paid by a precepting authority in purported discharge of any liability arising by virtue of this section;
that if a sum or instalment is not paid to a billing authority in accordance with this section and the regulations, the authority is to be entitled to interest from the precepting authority on the amount of the sum or instalment;
requiring a major precepting authority to supply information to a billing authority to which the precepting authority has power to issue a precept;
as to the form and manner in which the information is to be supplied;
as to the time when the information is to be supplied.
The regulations may make different provision in relation to different authorities or categories of authority; and in particular they may require a precepting authority to pay different sums to different billing authorities.
Subject to subsection (11), this section applies as regards the financial year beginning with 1st April 1999 and subsequent financial years.
The power to make the regulations shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “billing authority” and “major precepting authority” have the same meaning as in Part I of the Local Government Finance Act 1992.
The reference in this section to the amount calculated by a major precepting authority as its budget requirement for a financial year is to the amount calculated by it in relation to the year under—
section 70(8) of the Greater London Authority Act 1999 (where the authority is the Greater London Authority), or
section 43(4) of the Local Government Finance Act 1992 (in any other case).
In its application as regards the financial year beginning with 1st April 1999 this section shall have effect with the following modifications—
whether an amount is excessive for the purposes of subsection (1) shall be determined by the Secretary of State,
the Secretary of State shall inform a major precepting authority if he determines that this section applies in relation to it,
the Secretary of State may base his opinion on such factors as he thinks fit (for which purpose subsection (4)(a) to (c) shall have effect), and
the Secretary of State may, in particular, base his opinion on guidance which he has published before the coming into force of this section.
This section shall apply separately to England and to Wales.
In its application to Wales this section shall have effect with these modifications—
for each reference to the Secretary of State there shall be substituted a reference to the National Assembly for Wales;
in subsection (8) the words “subject to annulment in pursuance of a resolution of either House of Parliament” shall be omitted.
In this Act “financial year” means a year beginning with 1st April.
There shall be paid out of money provided by Parliament—
any increase attributable to this Act in the sums so payable under any other enactment;
any expenses of the Secretary of State under this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Welsh Ministers may make grants to
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Wales Audit Office in respect of expenditure incurred or to be incurred by the Auditor General for Wales under the Local Government (Wales) Measure 2009 or Chapter 1 or 3 of Part 6 of the Local Government and Elections (Wales) Act 2021.
The provisions mentioned in Schedule 2 are repealed to the extent specified, subject to any provision of that Schedule.
Subject to subsection (2), this Act extends to England and Wales only.
An amendment by this Act of a provision of another Act has the same extent as the provision amended (except in the case of section 21 and Part I of Schedule 2).
This Act may be cited as the Local Government Act 1999.
Section 30.
In Part I of the Local Government Finance Act 1992 the following Chapter shall be inserted after Chapter IV—
The Local Government Finance Act 1992 shall be amended as follows.
In section 31 (substituted amounts) in subsection (1)(a) for “or 60” there shall be substituted “ , 52I or 52T ”.
In section 42 (substituted precepts) in subsection (1)(b) for “or 61” there shall be substituted “ , 52J or 52U ”.
Chapter V of Part I (limitation of council tax and precepts) shall be omitted.
In section 66 (judicial review) in subsection (2)(c) for “60” there shall be substituted “ 52I or 52T ” and for “61” there shall be substituted “ 52J or 52U ”.
In section 67 (functions to be discharged only by authority) in subsection (2)(b) for “60” there shall be substituted “ 52I or 52T ” and for “61” there shall be substituted “ 52J or 52U ”.
In section 106 (restrictions on voting) in subsection (2)(a) for “V” there shall be substituted “ IVA ”.
In section 113 (orders and regulations)—
in subsection (1) for “54(6)” there shall be substituted “ 52X(6) ”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 41(2) of the Police Act 1996 (directions as to minimum budget to be subject to Chapter V of Part I of 1992 Act) for “V” there shall be substituted “ IVA ”.
Section 34. Best Value Chapter Short title Extent of repeal 1980 c. 65. Local Government, Planning and Land Act 1980. Part III. 1988 c. 9. Local Government Act 1988. Part I. Section 32. Schedule 6. 1992 c. 19. Local Government Act 1992. Sections 8 to 11. Schedule 1. 1996 c.16 Police Act 1996 The word “and” after section 8(2)(b).
These repeals have effect in accordance with sections 21 and 27 of this Act. Regulation of Council Tax and Precepts Chapter Short title Extent of repeal 1992 c. 14. Local Government Finance Act 1992. In Part I, Chapter V. 1994 c. 19. Local Government (Wales) Act 1994. In Schedule 12, in paragraph 7 the words “and 60” and “in each case”, and paragraph 8. In Schedule 16, paragraph 98. 1994 c. 29. Police and Magistrates’ Courts Act 1994. Section 27(2). 1996 c. 16. Police Act 1996. In Schedule 7, in paragraph 1(2)(zf) the words “and 54(3)(f) and (3A)(b)”. 1996 c. 50. Nursery Education and Grant-Maintained Schools Act 1996. In Schedule 3, paragraph 9. These repeals have effect in accordance with section 30 of this Act.