OpenLegislation

Section 2 Power to extend or disapply : Secretary of State.F7I1

England and Wales

(1)

The Secretary of State may by order provide that any of the authorities and bodies mentioned in subsection (2) is a best value authority for the purposes of this Part.

(2)

The authorities and bodies are—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

a levying body within the meaning of section 74(1) of the M1Local Government Finance Act 1988 F2 in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in England;

(c)

a body to which section 75 of that Act applies (special levies) F3and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in England.

F4(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The Secretary of State may by order provide for the Greater London Authority to be a best value authority for the purposes of this Part in relation to—

(a)

specified functions of the Authority which it does not exercise through the Mayor;

(b)

specified functions which are not functions of the Authority but are functions of another best value authority;

and an order may provide for this Part to have effect in relation to those functions with specified modifications.

(5)

The Secretary of State may by order provide that a best value authority specified, or of a description specified, in the order is not to be subject, in relation to such functions as may be specified, F5to the duty in section 3.

F6(5A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

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

Annotations

Textual amendments

F1

S. 2(2)(a) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 136(2), 245(5), Sch. 18 Pt. 8; S.I. 2008/917, art. 2(1)(a)(i)(v)

F2

Words in s. 2(2)(b) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 3(3)(a); S.I. 2008/917, art. 2(1)(e)

F3

Words in s. 2(2)(c) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 3(3)(b); S.I. 2008/917, art. 2(1)(e)

F4

S. 2(3) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 3(4), Sch. 18 Pt. 8; S.I. 2008/917, art. 2(1)(e)(i)(v)

F5

Words in s. 2(5) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 3(5); S.I. 2008/917, art. 2(1)(e)

F6

S. 2(5A) repealed (1.4.2010) by Local Government (Wales) Measure 2009 (nawm 2), s. 53(2), Sch. 1 para. 11, Sch. 4; S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

F7

Words in s. 2 title inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 3(2); S.I. 2008/917, art. 2(1)(e)

Marginal citations

M1

1988 c.41.

Commencement

I1

S. 2 wholly in force at 27.7.2000; s. 2 not in force at Royal Assent see s. 27; s. 2(1)-(3) (5)(6) in force (E.) at 27.9.1999 and (W.) for certain purposes at 27.9.1999 by S.I. 1999/2169, art. 3(2), Sch. 2; s. 2(1)(2)(3)(5) in force at 1.10.1999 (W.) by S.I. 1999/2815, art. 2; s. 2(4) in force at 3.7.2000 in relation to England by S.I. 2000/1724, art. 2; s. 2 in force at 27.7.2000 in so far as not already in force see s. 27

Notes on Part I

Modifications

C1

Pt. I modified (18.11.2003 so far as relating to E. and so far as relating to a best value authority in W. mentioned in s. 101(7), 27.11.2003 so far as relating to a best value authority in W., other than one mentioned in s. 101(7)) by Local Government Act 2003 (c. 26), ss. 101, 128(3)(b), 128(4)(c), 128(5), 128(6); S.I. 2003/2938, art. 2(b) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I