Local Government Act 2003

Performance categories

99 Categorisation of English local authorities by reference to performance

(1) The Audit Commission must from time to time produce a report on its findings in relation to the performance of English local authorities 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.

(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 and Wales;

• “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, or

  (e)

  the Council of the Isles of Scilly.

100 Exercise of powers by reference to authorities' performance categories

(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—

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

(b) to make orders under sections 4 to 6, 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 section 1 of the Regulatory Reform Act 2001 (c. 6);

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

(f) to make regulations under section 119 of this Act.

(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).