The Local Government (Best Value) Performance Indicators and Performance Standards Order 2001

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards Order 2001 and shall come into force on 1st April 2001.

(2) In this Order—

“the Act” means the Local Government Act 1999;

“DETR” means the Department of the Environment, Transport and the Regions;

“fire authority” means—

(a)

a fire authority constituted by a combination scheme;

(b)

a metropolitan county fire and civil defence authority;

(c)

the London Fire and Emergency Planning Authority;

(d)

The Council of the Isles of Scilly in its capacity as a fire authority; or

(e)

a county council acting as the fire authority for its area under the provisions of section 4 of the Fire Services Act 1947(1);

“highway authority” has the meaning given in section 1(2) and (3) of the Highways Act 1980(2);

“unitary council” means a district council, a county council or a London borough which is the sole principal council for its local government area;

“principal council” means a council elected for a principal area as defined in section 270 of the Local Government Act 1972(3); and

“waste collection authority” has the same meaning as in section 30(3) of the Environmental Protection Act 1990(4).

(3) In this Order a reference to a numbered indicator in a particular Schedule is to the indicator so numbered in column 1 of that Schedule which is described in column 2 of that Schedule.

Application

2.  This order applies—

(a) in relation to England, to all best value authorities; and

(b) in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the Act (police and fire authorities).

General corporate health performance indicators

3.—(1) The performance of the best value authorities specified in paragraph (2) in exercising all of their functions shall be measured by reference to indicators 1 to 16 in Schedule 1 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) metropolitan district councils;

(b) non-metropolitan district councils;

(c) the Council of the Isles of Scilly;

(d) London borough councils;

(e) the Common Council of the City of London in its capacity as a local authority; and

(f) unitary councils.

(3) The performance of the Greater London Authority in exercising all of those of its functions which are exercised through the Mayor shall be measured by reference to indicators 2 to 7 and 10 to 16 in Schedule 1 to this Order.

(4) The performance of Transport for London in exercising all of its functions shall be measured by reference to indicators 2, 3, 5 to 7 and 10 to 16 Schedule 1 to this Order.

(5) The performance of the London Development Agency in exercising all of its functions shall be measured by reference to indicators 2, 3, 5 to 7 and 10 to 16 in Schedule 1 to this Order.

(6) The performance of county councils in exercising all of their functions shall be measured by reference to indicators to 1 to 7 and 10 to 16 in Schedule 1 to this Order.

(7) The performance of National Park authorities and the Broads authority in exercising all of their functions shall be measured by reference to indicators 2, 3, 5, 6, 7, 11 to 14, 17 and 18 in Schedule 1 to this Order.

(8) The performance of fire authorities in exercising all of their functions shall be measured by reference to indicators 2, 3, 7, 10, 11, 14 and 19 in Schedule 1 to this Order.

(9) The performance of waste disposal authorities established under section 10 of the Local Government Act 1985(5) in exercising all of their functions shall be measured by reference to indicators 3, 5, 6 and 10 to 16 in Schedule 1 to this Order.

General police performance indicators

4.  The performance of police authorities in exercising all of their functions shall be measured by reference to indicators 1 to 11 in Schedule 2 to this Order.

Performance indicators for police services

5.  The performance of police authorities in exercising their functions in relation to emergency services and non-emergency policing services shall be measured by reference to indicators 1 to 21 in Schedule 3 to this Order.

Performance indicators for community safety

6.—(1) The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to community safety shall be measured by reference to indicators 1 to 7 in Schedule 4 to this order.

(2) The best value authorities specified for the purposes of paragraph (1) are;

(a) metropolitan district councils;

(b) non-metropolitan district councils;

(c) the Council of the Isles of Scilly;

(d) London borough councils;

(e) the Common Council of the City of London in its capacity as a local authority;

(f) unitary councils; and

(g) county councils.

Performance indicators for education

7.—(1) The performance of the best value authorities specified in paragraph (2) in exercising their education functions shall be measured by reference to indicators 1 to 25 in Schedule 5 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) county councils;

(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) London borough councils;

(e) metropolitan district councils; and

(f) unitary councils.

Performance indicators for social services

8.—(1) The performance of the best value authorities specified in paragraph (2) in exercising their social services functions shall be measured by reference to indicators 1 to 16 in Schedule 6 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) county councils;

(b) the Common Council of the City of London in its capacity as a local authority;

(c) the Council of the Isles of Scilly;

(d) London borough councils;

(e) metropolitan district councils; and

(f) unitary councils.

Performance indicators for housing and related services

9.—(1) The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to housing and housing related services shall be measured by reference to indicators 1 to 15 in Schedule 7 to this Order.

(2) The best value authorities specified for the purposes of paragrah (1) are—

(a) the Common Council of the City of London in its capacity as a local authority;

(b) the Council of the Isles of Scilly;

(c) metropolitan district councils;

(d) non-metropolitan district councils;

(e) London borough councils; and

(f) unitary councils.

(3) For the purposes of the indicators specified by this article “dwelling” is a building, or part of a building which forms a separate, or reasonably separate and self contained, set of premises designed to be occupied by a single household including non-permanent housing such as caravans, mobile homes and houseboats available for all year round occupation; a group of bedsits (single rooms without exclusive use of bath or toilet) sharing facilities counts as one dwelling.

Performance indicators for housing benefit and council tax benefit

10.—(1) The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to housing benefit and council tax benefit shall be measured by reference to indicators 1 to 7 in Schedule 8 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) the Common Council of the City of London in its capacity as a local authority;

(b) the Council of the Isles of Scilly;

(c) metropolitan district councils;

(d) non-metropolitan district councils;

(e) London borough councils; and

(f) unitary councils.

Performance indicators for environmental services

11.—(1) The performance of waste disposal authorities in exercising all of their functions shall be measured by reference to indicators 1, 2, 3, 4, 5, 6 and 8 in Schedule 9 to this Order.

(2) The performance of waste collection authorities in exercising all of their functions shall be measured by reference to indicators 1, 2, 5, 6, 7, 9 and 10, in Schedule 9 to this Order.

(3) The performance of principal litter authorities in exercising their functions in respect of litter and refuse shall be measured by reference to indicator 6 in Schedule 9 to this Order.

(4) In this article “principal litter authority” shall have the same meaning as in section 86(2) of the Environmental Protection Act 1990(6).

Performance standards for waste authorities

12.—(1) A waste authority which achieved, in the financial year beginning with 1st April 1998—

(a) a recycling and composting rate specified in column (1) of Part I of Schedule 10 to this Order shall, in relation to indicators 1 and 2 in Schedule 9 (taken together) meet for the financial year beginning with 1st April 2003 the standard specified in the corresponding entry in column (2) of that Part;

(b) a recycling and composting rate specified in column (1) of Part II of that Schedule shall, in relation to indicators 1 and 2 in Schedule 9 (taken together) meet for the financial year beginning with 1st April 2005 the standard specified in the corresponding entry in column (3) of that Part.

(2) For the purposes of this Article, the recycling and composting rate for an authority is that which is set out for the authority in the document published by the DETR entitled “Guidance on Municipal Waste Management Strategies”(7) (published on 1st March 2001); and an authority which is stated in that document to have failed to supply to the DETR adequate details of its recycling and composting rates is treated for the purposes of;

(a) sub-paragraph (1)(a) of this Article and Part I of Schedule 10 to this Order as having a recycling and composting rate of 16% or more; and

(b) sub-paragraph (1)(b) of this Article and Part II of Schedule 10 to this Order as having a recycling and composting rate of 19% or more.

(3) For the purposes of this Article“waste authority” means a waste collection authority or a waste disposal authority.

Performance indicators for transport

13.—(1) The performance of the best value authorities specified in paragraph (2) in exercising their transport functions shall be measured by reference to indicators 1 to 10 in Schedule 11 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) county councils;

(b) the Common Council of the City of London in its capacity as a local authority;

(c) the Council of the Isles of Scilly;

(d) metropolitan district councils; and

(e) unitary councils.

(3) The performance of London borough councils in exercising their transport functions shall be measured by reference to indicators 1, 3 to 7, 9 and 10 in Schedule 11 to this Order.

(4) The performance of Transport for London in exercising its transport functions shall be measured by reference to indicators 1 to 4 and 6 to 10 in Schedule 11 to this Order.

(5) The performance of highways authorities, with the exception of inner London borough councils, in exercising their highways functions shall, in addition to any indicators mentioned in paragraphs (1) or (3), be measured by reference to indicator 11 in Schedule 11 to this Order.

Performance indicators for planning

14.—(1) The performance of the best value authorities specified in paragraph (2) in exercising their planning functions shall be measured by reference to indicators 1 to 7 in Schedule 12 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) the Common Council of the City of London in its capacity as a local authority;

(b) the Council of the Isles of Scilly;

(c) metropolitan district councils;

(d) London Borough Councils;

(e) non-metropolitan district councils; and

(f) unitary councils.

(3) The performance of the best value authorities specified in paragraph (4) in exercising their planning functions shall be measured by reference to indicators 2 to 6 in Schedule 12 to this order.

(4) The best value authorities specified for the purposes of paragraph (3) are;

(a) county councils which are not unitary councils;

(b) the Broads authority; and

(c) National park authorities.

Performance standard for planning

15.—(1) The best value authorities specified in paragraph (2) in exercising their planning functions shall, in relation to indicator 4 in Schedule 12 to this Order, meet the standard specified in Schedule 13 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are;

(a) Corby Borough Council;

(b) East Hampshire District Council;

(c) Epping Forest Borough Council;

(d) Guildford Borough Council;

(e) Harborough District Council;

(f) London Borough of Kingston upon Thames;

(g) London Borough of Lambeth;

(h) London Borough of Merton;

(i) Oxford City Council;

(j) Reading Borough Council;

(k) Restormel Borough Council;

(l) Sevenoaks District Council;

(m) Trafford Metropolitan Borough Council;

(n) Wokingham Council; and

(o) Wychavon District Council.

Performance indicator for Environmental Health and Trading Standards

16.—(1) The performance of the best value authorities specified in paragraph (2) in exercising their environmental health and trading standards functions shall be measured by reference to the indicator contained in Schedule 14 to this order.

(2) The best value authorities specified for the purpose of paragraph (1) are;

(a) county councils;

(b) the Common Council of the City of London in its capacity as a local authority;

(c) the Council of the Isles of Scilly;

(d) London Borough councils;

(e) metropolitan district councils;

(f) non-metropolitan district councils; and

(g) unitary councils.

Performance indicator for cultural and related services

17.—(1) The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to cultural and related services shall be measured by reference to indicators 1 to 7 in Schedule 15 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) county councils;

(b) the Common Council of the City of London in its capacity as a local authority;

(c) London borough councils;

(d) metropolitan district councils; and

(e) unitary councils.

(3) The performance of the best value authorities specified in paragraph (4) in exercising their functions in relation to cultural and related services shall be measured by reference to indicators 1, 2, 4, 6 and 7 in Schedule 15 to this Order.

(4) The best value authorities specified for the purposes of paragraph (3) are—

(a) the Council of the Isles of Scilly; and

(b) non-metropolitan district councils.

(5) The performance of the Greater London Authority in exercising those of its functions which are exercised through the Mayor in relation to cultural and related services shall be measured by reference to indicator 2 in Schedule 15 to this Order.

Performance indicators for fire services

18.  The performance of fire authorities in exercising their functions in respect of the provision of fire services shall be measured by reference to indicators 1 to 11 in Schedule 16 to this Order.

Performance indicator for community legal services

19.—(1) The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to community legal services shall be measured by reference to the indicator in Schedule 17 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) county councils;

(b) the Common Council of the City of London in its capacity as a local authority;

(c) the Council of the Isles of Scilly;

(d) London borough councils;

(e) metropolitan district councils;

(f) non-metropolitan district councils; and

(g) unitary councils.

Revocation

20.  The Local Government (Best Value) Performance Indicators Order 2000(8) is hereby revoked.

Signed by authority of the Secretary of State

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

6th March 2001