Local Government Act 2003

Performance categories E+W

99 Categorisation of English local authorities by reference to performance E+W

(1) The Audit Commission must[F1 , if the Secretary of State so directs,] produce a report on its findings in relation to the performance of English local authorities[F2 , or of English local authorities of a description specified in the direction,] in exercising their functions.

(2) A report under subsection (1) must (in particular) categorise each English local authority to which the report relates according to how the authority has performed in exercising its functions.

[F3 (2A) A direction by the Secretary of State under subsection (1) may specify—

(a) the period or periods of performance to be covered by the report;

(b) the form of the report;

(c) the time by which the report must be produced.

(2B) The power to give a direction under subsection (1) includes power to give a direction varying or revoking a previous direction given in exercise of that power.

(2C) The Secretary of State must consult the Audit Commission before giving a direction under subsection (1).]

(3) As regards each report produced under subsection (1), the Audit Commission—

(a) must send a copy of the report to the Secretary of State, and

(b) must publish the report.

(4) Where the Secretary of State receives a report produced under subsection (1), he may by order make provision categorising the English local authorities to which the report relates in accordance with their categorisation in the report.

(5) In making an order under subsection (4), the Secretary of State may depart from the categorisation in the report only for the purpose of correcting any clerical or typographical error in the report notified to him by the Audit Commission.

(6) An order under subsection (4) may provide for the categorisation for which it provides to have effect—

(a) from such time as may be specified by the order;

(b) only for such period as may be specified by the order.

(7) In this section—

• “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England F4 ... ;

• “English local authority” means—

  (a)

  a county council in England,

  (b)

  a district council,

  (c)

  a London borough council,

  (d)

  the Common Council of the City of London in its capacity as a local authority, F5 ...

  (e)

  the Council of the Isles of Scilly.

  (f)

  [F6 a metropolitan fire and civil defence authority,]

  (g)

  [F6 the London Fire and Emergency Planning Authority, or]

  (h)

  [F6 a fire and rescue authority 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.]

Textual Amendments

F1 Words in s. 99(1) substituted (1.8.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 158(2)(a), 245(5); S.I. 2008/3110, art. 5(b)

F2 Words in s. 99(1) inserted (1.8.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 158(2)(b), 245(5); S.I. 2008/3110, art. 5(b)

F3 S. 99(2A)-(2C) inserted (1.8.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 158(3), 245(5); S.I. 2008/3110, art. 5(b)

F4 Words in s. 99(7) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 9 para. 1(2)(s), Sch. 18 Pt. 9; S.I. 2008/172, art. 4(a)(n)(i)

F5 Word in s. 99(7) repealed (1.10.2004 except in relation to W. otherwise 10.11.2004) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 102; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F6 S. 99(7)(f)-(h) inserted (1.10.2004 except in relation to W. otherwise 10.11.2004) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 102; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Commencement Information

I1 S. 99 in force at 18.11.2003 by S.I. 2003/2938, art. 2(a) (with art. 8, Sch.)

100 Exercise of powers by reference to authorities' performance categories E+W

(1) The powers mentioned in subsection (2) may (in particular) be exercised for making provision in relation to a description of authority framed by reference to English local authorities that from time to time are, by reason of an order under section 99(4), of a particular category.

(2) Those powers are the powers—

[F7 (za) to make regulations for the purposes of section 55(4)(d)(v) of the Road Traffic Regulation Act 1984;]

(a) to make orders under section 70 of the Local Government and Housing Act 1989 (c. 42);

(b) to make orders under sections F8 ... 16 and 19 of the Local Government Act 1999 (c. 27);

(c) to make orders under sections 3, 5 and 6 of the Local Government Act 2000 (c. 22);

(d) to make orders under [F9 section 1 or 2 of the Legislative and Regulatory Reform Act 2006];

(e) to make orders under sections 95 to 97 of this Act;

F10 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Schedule 3 (which amends certain of the provisions conferring, or governing the exercise of, those powers and does so for purposes of their exercise in relation to authorities, whether or not English local authorities, to which they apply) has effect.

(4) The Secretary of State may by order amend subsection (2) for the purpose of adding a reference to a power to make provision by order or regulations that is exercisable in relation to all or any English local authorities (whether or not also exercisable in relation to any other person or body).

(5) The Secretary of State may, for the purpose mentioned in subsection (6), by order make provision amending the enactments conferring, or governing the exercise of, a power added by an order under subsection (4) to those mentioned in subsection (2).

(6) That purpose is enabling the power, so far as exercisable in relation to English local authorities, to be exercised—

(a) in relation to—

(i) all the English local authorities in relation to which it is exercisable,

(ii) particular English local authorities, or

(iii) particular descriptions of English local authority;

(b) differently in relation to different English local authorities or descriptions of English local authority.

(7) An order under subsection (4) or (5) shall not be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(8) In this section “English local authority” has the meaning given by section 99(7).

Textual Amendments

F7 S. 100(2)(za) inserted (4.10.2004 for E., 26.10.2006 for W.) by Traffic Management Act 2004 (c. 18), ss. 95(4), 99(1); S.I. 2004/2380, art. 2(f); S.I. 2006/2826, art. 2(1)(2)(d)

F8 Words in s. 100(2)(b) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 18 Pt. 8; S.I. 2008/917, art. 2(v)(i)

F9 Words in s. 100(2)(d) substituted (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 31(2), 33

F10 S. 100(2)(f) repealed (6.3.2007 for E., 3.3.2015 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 5 Pt. 9; S.I. 2007/390, art. 2(d); S.I. 2015/425, art. 3

Modifications etc. (not altering text)

C1 S. 100(1) extended (1.3.2005) by Children Act 2004 (c. 31), ss. 17(4), 67(2); S.I. 2005/394, art. 2(1)(c)

C2 S. 100(1) modified (14.3.2006 for E. for specified purposes, 16.3.2006 for W. for specified purposes, 6.4.2006 for E. in so far as not already in force, 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 96(10), 108(1), (2); S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(1)(3), Sch. 1, 2; S.I. 2006/2797, art. 4(ll)

Commencement Information

I2 S. 100(1) (2)(4)-(8) in force at 18.11.2003 by S.I. 2003/2938, art. 2(a) (with art. 8, Sch.)

I3 S. 100(3) in force at 18.11.2003 for E. by S.I. 2003/2938, art. 3(a) (with art. 8, Sch.)

I4 S. 100(3) in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I