Article 1 Citation, commencement and application

(1)

This Order may be cited as the Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004 and shall come into force on 29th July 2004.

(2)

Subject to paragraph (3), this Order applies to best value authorities in England^f1 which—

(a)

are local authorities within the meaning of section 1(2) of the Local Government Act 1999^f2; and

(b)

by virtue of such order as may from time to time be made by the Secretary of State under section 99(4) of the Local Government Act 2003, are within one of the following categories—

(i)

“excellent”;

(ii)

“good”; or

(iii)

“fair”.

(3)

This Order does not apply to a best value authority that is—

(a)

a non-metropolitan county council;

(b)

a non-metropolitan district council for an area for which there is no county council; or

(c)

the Council of the Isles of Scilly.

when acting in its capacity as a fire authority.

Annotations

Footnotes

f1: In relation to Wales, the powers conferred by sections 95(1) and 96(1) of the Local Government Act 2003 are exercisable by the National Assembly for Wales. See section 124 of that Act for the definitions of “appropriate person” and “best value authority”. See also sections 95(7) and 96(4) of that Act for authorities and bodies that are not best value authorities for the purposes of those sections.
f2: 1999 c. 27.