Local Government Bill

Local Government Bill - continued	House of Lords
PART I, BEST VALUE - continued

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Exercise of functions by best value authorities

Power to modify enactments and confer new powers.

16. - (1) If the Secretary of State thinks that an enactment prevents or obstructs compliance by best value authorities with the requirements of this Part he may by order make provision modifying or excluding the application of the enactment in relation to those authorities.

(2) The Secretary of State may by order make provision conferring on best value authorities any power which he considers necessary or expedient to permit or facilitate compliance with the requirements of this Part.

(3) An order under this section may-

(a) impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);

(b) amend an enactment;

(d) make different provision for different cases.

(4) No order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.

(5) In exercising a power conferred under subsection (2) a best value authority shall have regard to any guidance issued by the Secretary of State.

Orders under section 16: procedure.

17. - (1) Before the Secretary of State makes an order under section 16 he shall consult such authorities or persons as appear to him to be representative of interests affected by his proposals.

(2) If, following consultation under subsection (1), the Secretary of State proposes to make an order under section 16 he shall lay before each House of Parliament a document explaining his proposals and, in particular-

(a) setting them out in the form of a draft order, and

(b) giving details of consultation under subsection (1) above.

(3) Where a document relating to proposals is laid before Parliament under subsection (2), no draft of an order under section 16 to give effect to the proposals (with or without modification) shall be laid before Parliament until after the expiry of the period of sixty days beginning with the day on which the document was laid.

(4) In calculating the period mentioned in subsection (3) no account shall be taken of any time during which-

(a) Parliament is dissolved or prorogued, or

(b) either House is adjourned for more than four days.

(5) In preparing a draft order under section 16 the Secretary of State shall consider any representations made during the period mentioned in subsection (3) above.

(6) A draft order laid before Parliament in accordance with section 16(4) must be accompanied by a statement of the Secretary of State giving details of-

(a) any representations considered in accordance with subsection (5) above, and

(b) any changes made to the proposals contained in the document laid before Parliament under subsection (2) above.

Contracting out.

18. - (1) Section 70 of the Deregulation and Contracting Out Act 1994 (contracting out functions of local authorities) shall apply in relation to functions of any best value authority (other than excluded functions within the meaning of section 71) as it applies in relation to certain functions of local authorities.

(2) An order under section 70 as applied by subsection (1) above may be made only-

(a) by the Secretary of State, and

(b) if he considers the order necessary or expedient for the purpose of permitting or facilitating compliance with the requirements of this Part.

Contracts: exclusion of non-commercial considerations.

19. - (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).

(2) An order under this section may-

(a) provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent;

(b) apply in relation to specified authorities, functions or contracts;

(d) include consequential or transitional provision (including provision amending an enactment).

(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.

(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.

Publication of information.

20. 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-

" ; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value)."

General

Transition from compulsory competitive tendering to best value.

21. - (1) The following provisions shall cease to have effect on 2nd January 2000-

(a) Part III of the Local Government, Planning and Land Act 1980 (direct labour organisations);

(b) Part I of the Local Government Act 1988 (competition);

(d) sections 8 to 11 of and Schedule 1 to the Local Government Act 1992 (competition).

(2) The Secretary of State may issue to best value authorities guidance which-

(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

(b) is designed to secure or facilitate compliance with the requirements of the provision after it comes into force.

(3) A best value authority shall have regard to any guidance issued by the Secretary of State under this section.

Audit Commission.

22. - (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.

(2) The Audit Commission may delegate any of its functions under this Part to-

(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

(b) an officer or servant of the Commission.

(3) The Audit Commission Act 1998 shall be amended as follows.

(4) In section 33 (studies by Commission)-

(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

(b) in subsection (6)(a) for "local authorities" substitute "best value authorities".

(5) In section 49(1) (restrictions on disclosure of information)-

(a) after "any provision of this Act" insert "or of Part I of the Local Government Act 1999", and

(b) at the end of paragraph (b) insert "or under Part I of the 1999 Act".

(6) In section 53(1) (interpretation) after the definition of "auditor" insert-

""best value authority" means a best value authority for the purposes of Part I of the Local Government Act 1999;".

(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-

"(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)."

(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.

Prepared 18 June 1999