The Local Government Best Value (Exemption) (England) Order 2000

Statutory Instruments

2000 No. 339

LOCAL GOVERNMENT, ENGLAND

The Local Government Best Value (Exemption) (England) Order 2000

Made

10th February 2000

Coming into force

11th February 2000

The Secretary of State, in exercise of the powers conferred upon him by section 2(5) of the Local Government Act 1999(1) and of all other powers enabling him in that behalf hereby makes the following Order, a draft of which has been laid before, and approved by resolution of, each House of Parliament:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government Best Value (Exemption) (England) Order 2000 and shall come into force on the day after the day on which it is made.

(2) In this Order—

• “budgeted income” of a parish council means the sum of—

  (a)

  the aggregate calculated for that council for a year, under section 50(3) of the Local Government Finance Act 1992(2); and

  (b)

  the budget requirement calculated under section 50(4) of that Act and included in the council’s precept for that year;

  disregarding any substituted calculations made under section 51 of that Act, except where the calculation made under section 50(4) of that Act has been quashed because of a failure to comply with section 50 of that Act in making such calculation;

• “parish council” means a parish council or a parish meeting of a parish which does not have a separate parish council(3).

Exemption from the duties in Part 1 of the Act

2.  A parish council whose budgeted income for any of the financial years commencing in 1997, 1998, or 1999 is not more than £500,000 is not subject, in relation to any of its functions, to any of the duties set out in sections 3 to 6 of the Local Government Act 1999.

Signed by the authority of the Secretary of State

Hilary Armstrong

Minister of State

Department of the Environment, Transport and the Regions

10th February 2000

Explanatory Note

(This note is not part of the Order)

This Order exempts parish councils of a description specified in the Order and in respect of any of their functions, from all the duties in Part 1 of the Local Government Act 1999, (best value). The parish councils concerned are those whose budgeted income as defined in the Order, for any of the financial years commencing on 1st April 1997, 1st April 1998 or 1st April 1999 was not more than £500,000.

(1)

1999 c. 27.

(2)

1992 c. 14.

(3)

See section 1(1) and (2) of the Local Government Act 1999, under which these bodies are best value authorities in England.