Search Legislation

Local Government in Scotland Act 2003

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

Duty to secure best value

1Local authorities' duty to secure best value

(1)It is the duty of a local authority to make arrangements which secure best value.

(2)Best value is continuous improvement in the performance of the authority’s functions.

(3)In securing best value, the local authority shall maintain an appropriate balance among—

(a)the quality of its performance of its functions;

(b)the cost to the authority of that performance; and

(c)the cost to persons of any service provided by it for them on a wholly or partly rechargeable basis.

(4)In maintaining that balance, the local authority shall have regard to—

(a)efficiency;

(b)effectiveness;

(c)economy; and

(d)the need to meet the equal opportunity requirements.

(5)The local authority shall discharge its duties under this section in a way which contributes to the achievement of sustainable development.

(6)In measuring the improvement of the performance of a local authority’s functions for the purposes of this section, regard shall be had to the extent to which the outcomes of that performance have improved.

(7)In this section, “equal opportunity requirements” has the same meaning as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).

2Considerations bearing on performance of duty under section 1

(1)In the performance of its duties under section 1 above, a local authority shall have regard—

(a)to any guidance provided by the Scottish Ministers for local authorities on the performance of those duties; and such guidance may include guidance on—

(i)how to make and what is to be included in the arrangements referred to in subsection (1) of that section;

(ii)how to implement the duty imposed by that subsection; and

(b)to what are, whether by reference to any generally recognised, published code or otherwise, regarded as proper arrangements for the purposes of section 1(1) above (or purposes which include those purposes).

(2)Before providing guidance under this section, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think appropriate.

(3)In the event of a conflict in any respect between the considerations to which a local authority is to have regard under paragraph (a) of subsection (1) above and those to which it has to have regard under paragraph (b) of that subsection, it shall in that respect have regard only to those within paragraph (a).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources