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| Contracts: exclusion of non-commercial considerations. |
18. - (1) The Secretary of State may by order provide, in relation to best value authorities, for a specified matter to cease to be a non-commercial matter for the purposes of section 17 of the Local Government Act 1988 (local and other public authority contracts: exclusion of non-commercial considerations).
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(2) An order under this section may-
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(a) provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent; |
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(b) apply in relation to specified authorities, functions or contracts; |
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(c) make different provision for different cases; |
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(d) include consequential or transitional provision (including provision amending an enactment). |
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(3) No order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.
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(4) In exercising a function regulated by section 17 of the Local Government Act 1988 with reference to a matter which is the subject of an order under this section a best value authority shall have regard to any guidance issued by the Secretary of State.
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| Publication of information. |
19. At the end of section 2(1) of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information) there shall be inserted-
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" ; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value)."
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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 may delegate any of its functions under this Part to-
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(a) a committee or sub-committee established by the Commission (including a committee or sub-committee including persons who are not members of the Commission), or |
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(b) an officer or servant of the Commission. |
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(3) The Audit Commission Act 1998 shall be amended as follows.
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(4) 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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(5) 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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(6) 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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(7) After section 75(1)(e) of the Housing Associations Act 1985 (Housing Corporation and, in relation to Wales, Secretary of State: general functions) there shall be added-
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"(f) to provide on request, to such extent as the Relevant Authority considers appropriate, advice and assistance to the Audit Commission for Local Authorities and the National Health Service in England and Wales in relation to the Commission's functions under Part I of the Local Government Act 1999 (best value)."
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(8) The Audit Commission may make payments to the Housing Corporation or the Secretary of State in respect of advice and assistance provided under section 75(1)(f) of the Housing Associations Act 1985.
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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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