OpenLegislation

The Local Government Best Value (Exemption) (England) Order 2003

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2003, ISBN 011048147X

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 2(6) of the Local Government Act 1999, for approval by resolution of each House of Parliament.

LOCAL GOVERNMENT, ENGLAND

Made

Coming into force

The First Secretary of State, in exercise of the powers conferred upon him by section 2(5) of the Local Government Act 1999f1 and of all other powers enabling him in that behalf hereby makes the following Order, a draft of which has been laid before, and approved by resolution of, each House of Parliament:

Annotations to the whole text

Footnotes

f1

1999 c. 27.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Exemption from the best value duties in Part 1 of the Local Government Act 1999
  3. 3Revocation of Order
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Local Government Best Value (Exemption) (England) Order 2003 and shall come into force on the day after the day on which it is made.

(2)

In this Order—

  • “budgeted income”, in relation to a parish council and a financial year, means the sum of:

    1. (a)

      the aggregate calculated for that council for that year, under section 50(3) of the Local Government Finance Act 1992f1; and

    2. (b)

      the budget requirement calculated under section 50(4) of that Act, and included in the council’s precept for that year;

    disregarding any substituted calculations made under section 51 of that Act, except where the calculation made under section 50(4) of that Act has been quashed because of a failure to comply with section 50 of that Act in making such calculation; and

  • “parish council” means a parish council or a parish meeting of a parish which does not have a separate parish councilf2.

2Exemption from the best value duties in Part 1 of the Local Government Act 1999

Parish councils, except those whose budgeted income for each of the financial years commencing in 1997, 1998 and 1999 was more than £500,000, are not subject, in relation to any of their functions, to any of the duties set out in sections 3 to 6 of the Local Government Act 1999.

3Revocation of Order

The Local Government Best Value (Exemption) (England) Order 2000f1 is hereby revoked.

Signature

Signed by authority of the First Secretary of State

Parliamentary Under Secretary of State,

Office of the Deputy Prime Minister

2003

Explanatory note

(This note is not part of the Order)

This Order revokes and replaces the Local Government Best Value (Exemption) (England) Order 2000. The effect of this Order is that all parish councils, except those whose budgeted income for each of the financial years beginning in 1997, 1998 and 1999 was more than £500,000, are exempted from the best value duties in Part 1 of the Local Government Act 1999.