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.