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General |
| Transition from compulsory competitive tendering to best value. |
18. - (1) The following provisions shall cease to have effect on 2nd January 2000-
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(a) Part III of the Local Government, Planning and Land Act 1980 (direct labour organisations); |
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(b) Part I of the Local Government Act 1988 (competition); |
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(c) section 32 of and Schedule 6 to that Act (direct labour organisations); |
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(d) sections 8 to 11 of and Schedule 1 to the Local Government Act 1992 (competition). |
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(2) The Secretary of State may issue to best value authorities guidance which-
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(a) concerns the exercise of their functions between 2nd January 2000 and the date on which any provision of this Part comes into force, and |
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(b) is designed to secure or facilitate compliance with the requirements of the provision after it comes into force. |
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(3) A best value authority shall have regard to any guidance issued by the Secretary of State under this section.
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(4) The Secretary of State-
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(a) may issue guidance to best value authorities generally or to one or more particular authorities; |
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(b) may issue different guidance to different authorities; |
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(c) must, before he issues guidance, consult the authorities concerned or persons appearing to him to represent them; |
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(d) must arrange for guidance to be published. |
| Audit Commission. |
19. - (1) In this Part a reference to the Audit Commission is a reference to the Audit Commission for Local Authorities and the National Health Service in England and Wales.
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(2) The Audit Commission Act 1998 shall be amended as follows.
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(3) In section 33 (studies by Commission)-
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(a) in subsection (1)(a), for "the provision of local authority services and of other services provided by bodies subject to audit" substitute "the exercise of the functions of best value authorities and the provision of services provided by other bodies subject to audit", and |
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(b) in subsection (6)(a) for "local authorities" substitute "best value authorities". |
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(4) In section 49(1) (restrictions on disclosure of information)-
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(a) after "any provision of this Act" insert "or of Part I of the Local Government Act 1999", and |
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(b) at the end of paragraph (b) insert "or under Part I of the 1999 Act". |
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(5) In section 53(1) (interpretation) after the definition of "auditor" insert-
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""best value authority" means a best value authority for the purposes of Part I of the Local Government Act 1999;". |
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| Commencement. |
20. - (1) Subject to subsections (2) and (3), sections 1 to 17 and 19 shall come into force at the end of the period of 12 months beginning with the day on which this Act is passed.
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(2) The Secretary of State may by order provide for any of those sections to come into force in relation to England before the time appointed by subsection (1).
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(3) The National Assembly for Wales may by order provide for any of those sections to come into force in relation to Wales before the time appointed by subsection (1).
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(4) An order under subsection (2) or (3) may appoint different days for different purposes.
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| Orders. |
21. - (1) An order under this Part-
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(a) shall be made by statutory instrument, and |
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(b) may include supplementary, incidental, consequential and transitional provisions. |
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(2) An order under section 4, 5, 6 or 7 shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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| Modifications for Wales. |
22. - (1) In its application to Wales this Part shall have effect with these modifications-
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(a) for each reference to the Secretary of State there shall be substituted a reference to the National Assembly for Wales; |
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(b) sections 2(6), 17(3) and 21(2) shall be omitted. |
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(2) But subsection (1) shall not apply-
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(a) in relation to an authority falling within section 1(1)(d) or (e), or |
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(b) in relation to sections 14 to 16 or section 20. |
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(3) In exercising a power under section 14 the Secretary of State-
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(a) shall not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and |
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(b) shall not amend, or modify or exclude the application of, legislation made by the National Assembly for Wales, unless the Assembly consents. |
