Part 7Best value

Duties of best value authorities

137Guidance about general best value duty

In section 3 of the Local Government Act 1999 (c. 27) (best value authorities: general duty), for subsection (4) substitute—

4

In deciding—

a

how to fulfil the duty arising under subsection (1),

b

who to consult under subsection (2), or

c

the form, content and timing of consultations under that subsection,

an authority must have regard to any guidance issued by the Secretary of State.

138Involvement of local representatives

1

After section 3 of the Local Government Act 1999 insert—

3AInvolvement of local representatives

1

Where a best value authority considers it appropriate for representatives of local persons (or of local persons of a particular description) to be involved in the exercise of any of its functions by being—

a

provided with information about the exercise of the function,

b

consulted about the exercise of the function, or

c

involved in another way,

it must take such steps as it considers appropriate to secure that such representatives are involved in the exercise of the function in that way.

2

Subsection (1) does not require an authority to take a step—

a

if the authority does not have power to take the step under another enactment or a rule of law; or

b

if the step would be incompatible with a Community obligation or any other duty imposed on the authority under another enactment or a rule of law.

3

Subsection (1) does not apply—

a

to a police authority,

b

to a Welsh best value authority,

c

to any other authority or description of authority specified in an order made by the Secretary of State, or

d

in any other case specified in such an order.

4

An order under subsection (3)(d) may specify cases by reference, in particular, to the following—

a

best value authorities or descriptions of best value authority;

b

functions of best value authorities;

c

descriptions of local person;

d

ways in which representatives may be involved in the exercise of functions of an authority.

5

In deciding how to fulfil its duties under subsection (1), an authority must have regard to any guidance issued by the Secretary of State.

6

In this section—

  • “enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978);

  • “local person” means, in relation to a function of a best value authority, a person who is likely to be affected by, or interested in, the exercise of the function;

  • “representative” means, in relation to local persons or a description of local person, a person who appears to the best value authority to be representative of the local persons.

2

In section 28(2) of that Act (negative procedure for certain orders and regulations), after first “section” insert “ 3A, ”.

139Abolition of performance indicators etc except for Welsh authorities

1

Immediately before section 4 of the Local Government Act 1999 (c. 27) insert “ Duties: Welsh best value authorities ”.

2

In section 4 of that Act (performance indicators and standards)—

a

in subsection (1)(a), for “best value authority's” substitute “ Welsh best value authority's ”;

b

in subsections (1)(b), (3)(a) and (4)(a), for “best value authorities” substitute “ Welsh best value authorities ”;

c

in subsection (5), for “best value authority” substitute “ Welsh best value authority ”.

3

In section 6 of that Act (performance plans), in subsection (1), for “best value authority” substitute “ Welsh best value authority ”.

140Abolition of best value performance reviews

Omit section 5 of the Local Government Act 1999 (best value reviews).