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General |
| Transition from compulsory competitive tendering to best value. |
20. - (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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| Audit Commission. |
21. - (1) In this Act 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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| Accounts. |
22. - (1) The Secretary of State may make regulations about the keeping of accounts by best value authorities.
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(2) The regulations may-
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(a) require accounts and statements of accounts to be prepared, kept and certified in such form or manner as the regulations may specify; |
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(b) require accounts to be deposited at such places as the regulations may specify; |
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(c) require the publication of information about accounts and of statements of accounts; |
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(d) make provision (which may include provision requiring the payment of fees) entitling specified classes of person to inspect and to make or receive copies of specified documents. |
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(3) The regulations may-
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(a) make provision in relation to best value authorities generally or in relation to one or more particular authorities; |
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(b) make different provision for different cases. |
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(4) Before making regulations under subsection (1) the Secretary of State must consult-
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(a) the Audit Commission, |
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(b) the authorities concerned or persons appearing to him to represent them, and |
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(c) such bodies of accountants as appear to him to be appropriate. |
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(5) If-
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(a) a person contravenes a provision of regulations under subsection (1) without reasonable excuse, and |
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(b) the regulations declare that contravention of the provision is an offence, |
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the person is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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(6) Any expenses incurred by an auditor (within the meaning of section 7) in connection with proceedings in respect of an offence under subsection (5) which is alleged to have been committed in relation to the accounts of an authority are recoverable from the authority so far as they are not recovered from any other source.
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| Police Act 1996. |
23. - (1) Section 8(2) of the Police Act 1996 (local policing plans) shall be amended by-
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(a) the omission of the word "and" after paragraph (b), and |
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(b) the insertion of the following after paragraph (c)- |
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(d) any action proposed for the purpose of complying with the requirements of Part I of the Local Government Act 1999 (best value)." |
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(2) In section 54 of that Act (inspectors of constabulary) after subsection (2) there shall be inserted-
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"(2A) The inspectors of constabulary may inspect, and report to the Secretary of State on, a police authority's compliance with the requirements of Part I of the Local Government Act 1999 (best value)."
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(3) In section 55(1) of that Act (publication of reports) after "section 54(2)" there shall be inserted "or (2A)".
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| Guidance. |
24. - (1) This section has effect in relation to any guidance issued by the Secretary of State under this Part.
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(2) 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. |
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(3) Before issuing guidance under section 10 the Secretary of State shall, in addition to the consultation required by subsection (2)(c) above, consult the Audit Commission.
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| Commencement. |
25. - (1) Subject to subsections (2) and (3), sections 1 to 18 and 21 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. |
26. - (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. |
27. - (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), 18(3) and 26(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 15 to 17 or section 25. |
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(3) In exercising a power under section 15 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. |
