Part IBest Value
Best value authorities
1Best 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 [1990 c. 43.] Environmental Protection Act 1990, or
b
is established under section 10 of the [1985 c. 51.] Local Government Act 1985 (joint arrangements).
2Power 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 [1992 c. 14.] Local Government Finance Act 1992;
b
a levying body within the meaning of section 74(1) of the [1988 c. 41.] 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.