(9) Subject to subsection (10), no order shall be made under this section unless a
draft of the statutory instrument containing the order has been laid before, and
approved by resolution of, each House of Parliament.
(10) An order under this section which is made only for the purpose of amending
an earlier order under this section—
(a) so as to extend the earlier order, or any provision of the earlier order, to
a particular authority or to authorities of a particular description, or
(b) so that the earlier order, or any provision of the earlier order, ceases to
apply to a particular authority or to authorities of a particular
shall be subject to annulment in pursuance of a resolution of either House of
(11) In this section—
“discretionary service”, in relation to a best value authority, means a
service which the authority is authorised, but not required, to provide;
“enactment” includes an enactment comprised in subordinate legislation
(within the meaning of the Interpretation Act 1978 (c. 30));
“ordinary functions”, in relation to a best value authority, means
functions of the authority which are not functions under section 94.
97 Procedure for orders under section 96
(1) Before making an order under section 96, the Secretary of State shall consult—
(a) such best value authorities as appear to him to be likely to be affected
by his proposals, and
(b) such other persons as appear to him to be representative of interests
likely to be so affected.
(2) If following consultation under subsection (1) and, where the proposals relate
to best value authorities in Wales, consultation under subsection (7)(a) of
section 96, the Secretary of State proposes to make an order under that section,
he shall lay before each House of Parliament a document which—
(a) explains his proposals,
(b) sets them out in the form of a draft order,
(c) gives details of consultation under subsection (1), and
(d) where the proposals relate to best value authorities in Wales, sets out
the views of the National Assembly for Wales.
(3) Where a document relating to proposals is laid before Parliament under
subsection (2), no draft of an order under section 96 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 96 the Secretary of State shall consider
any representations made during the period mentioned in subsection (3).
(6) A draft order laid before Parliament in accordance with section 96(9) must be
accompanied by a statement of the Secretary of State giving details of—
(a) any representations considered in accordance with subsection (5), and
(b) any changes made to the proposals contained in the document laid
before Parliament under subsection (2).
(7) Nothing in this section applies to an order under section 96 which is made only
for the purpose mentioned in section 96(10).
98 Categorisation of English local authorities by reference to performance
(1) The Audit Commission must from time to time produce a report on its findings
in relation to the performance of English local authorities in exercising their
(2) A report under subsection (1) must (in particular) categorise each English local
authority to which the report relates according to how the authority has
performed in exercising its functions.
(3) As regards each report produced under subsection (1), the Audit
(a) must send a copy of the report to the Secretary of State, and
(b) must publish the report.
(4) Where the Secretary of State receives a report produced under subsection (1),
he may by order make provision categorising the English local authorities to
which the report relates in accordance with their categorisation in the report.
(5) In making an order under subsection (4), the Secretary of State may depart
from the categorisation in the report only for the purpose of correcting any
clerical or typographical error in the report notified to him by the Audit
(6) An order under subsection (4) may provide for the categorisation for which it
provides to have effect—
(a) from such time as may be specified by the order;
(b) only for such period as may be specified by the order.
(7) In this section—
“the Audit Commission” means the Audit Commission for Local
Authorities and the National Health Service in England and Wales;
“English local authority” means—
(a) a county council in England,
(b) a district council,
(c) a London borough council,
(d) the Common Council of the City of London in its capacity as a
local authority, or
(e) the Council of the Isles of Scilly.
99 Exercise of powers by reference to authorities’ performance categories
(1) The powers mentioned in subsection (2) may (in particular) be exercised for
making provision in relation to a description of authority framed by reference
to English local authorities that from time to time are, by reason of an order
under section 98(4), of a particular category.
(2) Those powers are the powers—
(a) to make orders under section 70 of the Local Government and Housing
Act 1989 (c. 42);
(b) to make orders under sections 4 to 6, 16 and 19 of the Local Government
Act 1999 (c. 27);
(c) to make orders under sections 3, 5 and 6 of the Local Government Act
2000 (c. 22);
(d) to make orders under section 1 of the Regulatory Reform Act 2001 (c. 6);
(e) to make orders under sections 94 to 96 of this Act;
(f) to make regulations under section 118 of this Act.
(3) Schedule 3 (which amends certain of the provisions conferring, or governing
the exercise of, those powers and does so for purposes of their exercise in
relation to authorities, whether or not English local authorities, to which they
apply) has effect.
(4) The Secretary of State may by order amend subsection (2) for the purpose of
adding a reference to a power to make provision by order or regulations that
is exercisable in relation to all or any English local authorities (whether or not
also exercisable in relation to any other person or body).
(5) The Secretary of State may, for the purpose mentioned in subsection (6), by
order make provision amending the enactments conferring, or governing the
exercise of, a power added by an order under subsection (4) to those mentioned
in subsection (2).
(6) That purpose is enabling the power, so far as exercisable in relation to English
local authorities, to be exercised—
(a) in relation to—
(i) all the English local authorities in relation to which it is
(ii) particular English local authorities, or
(iii) particular descriptions of English local authority;
(b) differently in relation to different English local authorities or
descriptions of English local authority.
(7) An order under subsection (4) or (5) shall not be made unless a draft of the
statutory instrument containing it has been laid before, and approved by a
resolution of, each House of Parliament.
(8) In this section “English local authority” has the meaning given by section 98(7).
100 Staff transfer matters: general
(1) In exercising a power to contract with a person for the provision of services, a
best value authority (in Scotland, a relevant authority) must—
(a) deal with matters affecting—
(i) who will be the employer of existing staff if a contract is entered
into and carried out, or
(ii) what will be the terms and conditions of employment of
existing staff, or the arrangements for their pensions, if their
employer changes as a result of a contract being entered into
and carried out,
in accordance with directions given to it by the appropriate person;
(b) have regard to guidance issued to it by the appropriate person on
matters relating to the employment or pensions of existing staff.
(2) In subsection (1), references to existing staff, in relation to a contract for the
provision of services, are to staff who before the contract is carried out are
engaged in the provision of any of the services.
(3) Where the provision of any services under a contract with a best value
authority (in Scotland, a relevant authority) for their provision is to cease in
circumstances where they are to be provided instead by members of the
authority’s staff, the authority shall comply with directions given to it by the
appropriate person for the purpose of requiring it to offer employment to staff
who, before the services cease to be provided under the contract, are engaged
in the provision of any of the services.
(4) The duties under Part 1 of the Local Government Act 1999 (c. 27) (best value)
of a best value authority have effect subject to subsections (1) and (3).
(5) The duties under sections 1 and 2 of the Local Government in Scotland Act
2003 (asp 1) (best value) of a relevant authority have effect subject to
subsections (1) and (3).
(6) Directions given, or guidance issued, for the purposes of subsection (1) or (3)—
(a) may be addressed to—
(i) all best value authorities (or, as the case may be, relevant
(ii) authorities of a particular description;
(b) may be different for different cases or authorities.
(7) For the purposes of this section, the Secretary of State is the “appropriate
person” in relation to a best value authority in Wales that is—
(a) a police authority established under section 3 of the Police Act 1996
(c. 16), or
(b) a fire authority constituted by a combination scheme.
(8) In this section—
“appropriate person”, in relation to Scotland, means the Scottish
“relevant authority” means—
(a) a council constituted under section 2 of the Local Government
etc. (Scotland) Act 1994 (c. 39),
(b) the Strathclyde Passenger Transport Authority, or
(c) any other body to which Part 1 of the Local Government in
Scotland Act 2003 (asp 1) (best value and accountability)