The Local Government (Best Value) Performance Indicators and Performance Standards Order 2003

• Citation: S.I. 2003/530
• Sections: 19

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards Order 2003 and shall come into force on 1st April 2003.

(2) In this Order—

“ the Act ” means the Local Government Act 1999;

“ DETR ” means the Department of the Environment, Transport and the Regions;

“ ODPM ” means the Office of the Deputy Prime Minister;

“fire authority” means—

a fire authority constituted by a combination scheme;

a metropolitan county fire and civil defence authority;

the London Fire and Emergency Planning Authority;

The Council of the Isles of Scilly in its capacity as a fire authority; or

a county council acting as the fire authority for its area under the provisions of section 4 of the Fire Services Act 1947 ;

“highway authority” has the meaning given in section 1(2) and (3) of the Highways Act 1980 ;

“unitary council” means a district council, a county council or a London borough council which is the sole principal council for its local government area;

“principal council” means a council elected for a principal area as defined in section 270 of the Local Government Act 1972 ; and

“waste collection authority” has the same meaning as in section 30(3) of the Environmental Protection Act 1990 .

(3) In this Order a reference to a numbered indicator or standard in a particular Schedule is to the indicator or standard so numbered in column 1 of that Schedule and which is described in column 2 of that Schedule.

Section 2 Application

This order applies—

(a) in relation to England, to all best value authorities; and

(b) in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the Act (police and fire authorities).

Section 3 General corporate health performance indicators

(1) The performance of the best value authorities specified in paragraph (2), in exercising all of their functions, shall be measured by reference to indicators 1 to 16 in Schedule 1 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) metropolitan district councils;

(b) non-metropolitan district councils;

(c) the Council of the Isles of Scilly;

(d) London borough councils;

(e) the Common Council of the City of London in its capacity as a local authority; and

(f) unitary councils.

(3) The performance of the Greater London Authority in exercising all of those of its functions which are exercised through the Mayor shall be measured by reference to indicators 2, 5 to 7 and 10 to 15 in Schedule 1 to this Order.

(4) The performance of Transport for London, in exercising all of its functions, shall be measured by reference to indicators 2, 5 to 7 and 10 to 15 in Schedule 1 to this Order.

(5) The performance of the London Development Agency, in exercising all of its functions, shall be measured by reference to indicators 2, 5 to 7 and 10 to 15 in Schedule 1 to this Order.

(6) The performance of county councils, in exercising all of their functions, shall be measured by reference to indicators 1 to 7 and 10 to 16 in Schedule 1 to this Order.

(7) The performance of National Park authorities and the Broads authority, in exercising all of their functions, shall be measured by reference to indicators 5 to 7 and 11 to 15 in Schedule 1 to this Order.

(8) The performance of fire authorities, in exercising all of their functions, shall be measured by reference to indicators 2, 3, 6, 7, 10, 11, 13 and 15 in Schedule 1 to this Order.

(9) The performance of waste disposal authorities established under section 10 of the Local Government Act 1985 , in exercising all of their functions, shall be measured by reference to indicators 5 to 7 and 10 to 15 in Schedule 1 to this Order.

(10) The performance of metropolitan county passenger transport authorities, in exercising all of their functions, shall be measured by reference to indicators 2, 7 and 10 to 15 in Schedule 1 to this Order.

Section 4 Performance indicators for community safety

(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community safety, shall be measured by reference to indicators 1 to 6 in Schedule 2 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) metropolitan district councils;

(b) non-metropolitan district councils;

(c) the Council of the Isles of Scilly;

(d) London borough councils;

(e) the Common Council of the City of London in its capacity as a local authority;

(f) unitary councils; and

(g) county councils.

(3) The performance of police authorities, in exercising their community safety functions, shall be measured by reference to indicators 1 to 3 in Schedule 2 to this Order.

Section 5 Performance indicators for education

(1) The performance of the best value authorities specified in paragraph (2), in exercising their education functions, shall be measured by reference to indicators 1 to 17 in Schedule 3 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) county councils;

(b) the Council of the Isles of Scilly;

(c) the Common Council of the City of London in its capacity as a local authority;

(d) London borough councils;

(e) metropolitan district councils; and

(f) unitary councils.

Section 6 Performance indicators for social services

(1) The performance of the best value authorities specified in paragraph (2), in exercising their social services functions, shall be measured by reference to indicators 1 to 13 in Schedule 4 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) county councils;

(b) the Common Council of the City of London in its capacity as a local authority;

(c) the Council of the Isles of Scilly;

(d) London borough councils;

(e) metropolitan district councils; and

(f) unitary councils.

Section 7 Performance indicators for housing and related services

(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to housing and housing related services, shall be measured by reference to indicators 1 to 10 in Schedule 5 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) the Common Council of the City of London in its capacity as a local authority;

(b) the Council of the Isles of Scilly;

(c) metropolitan district councils;

(d) non-metropolitan district councils;

(e) London borough councils; and

(f) unitary councils.

(3) For the purposes of the indicators specified by this article “dwelling ” is a building, or part of a building which forms a separate, or reasonably separate and self contained, set of premises designed to be occupied by a single household including non-permanent housing such as caravans, mobile homes and houseboats available for all year round occupation; a group of bedsits (single rooms without exclusive use of bath or toilet) sharing facilities counts as one dwelling.

Section 8 Performance indicators for housing benefit and council tax benefit

(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to housing benefit and council tax benefit, shall be measured by reference to indicators 1 to 7 in Schedule 6 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) the Common Council of the City of London in its capacity as a local authority;

(b) the Council of the Isles of Scilly;

(c) metropolitan district councils;

(d) non-metropolitan district councils;

(e) London borough councils; and

(f) unitary councils.

Section 9 Performance indicators for environmental services

(1) The performance of waste disposal authorities, in exercising all of their functions, shall be measured by reference to indicators 1 to 5, 7 and 8 to 11 in Schedule 7 to this Order.

(2) The performance of waste collection authorities, in exercising all of their functions, shall be measured by reference to indicators 1, 2, 5, 6 and 8 to 11 in Schedule 7 to this Order.

Section 10 Performance standards for waste authorities

(1) A waste disposal authority which achieved, in the financial year beginning with 1st April 1998—

(a) a recycling and composting rate specified in column (1) of Part I of Schedule 8 to this Order shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2003 the standard specified in the corresponding entry in column (2) of that Part;

(b) a recycling and composting rate specified in column (1) of Part 2 of that Schedule shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2005 the standard specified in the corresponding entry in column (2) of that Part.

(2) For the purposes of this article, the recycling and composting rate for an authority is that which is set out for the authority in the document published by the DETR entitled “Guidance on Municipal Waste Management Strategies ” ; (published on 5th March 2001); and an authority which is stated in that document to have failed to supply to the DETR adequate details of the recycling and composting rates is treated for the purposes of—

(a) paragraph (1)(a) of this article and Part I of Schedule 8 to this Order as having a recycling and composting rate of 16% or more; and

(b) paragraph (1)(b) of this article and Part II of that Schedule as having a recycling and composting rate of 19% or more.

(3) For the purposes of this article “waste authority” means a waste collection authority or a waste disposal authority.

Section 11 Performance indicators for transport

(1) The performance of the best value authorities specified in paragraph (2), in exercising their transport functions, shall subject to paragraph (3), be measured by reference to indicators 1 to 11 in Schedule 9 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) county councils;

(b) the Common Council of the City of London in its capacity as a local authority;

(c) the Council of the Isles of Scilly;

(d) London borough councils; and

(e) Transport for London.

(3) The performance of highways authorities, with the exception of inner London borough councils, in exercising their highways functions, shall, in addition to any indicators mentioned in paragraph (1) be measured by reference to indicator 7 in Schedule 9 to this Order.

(4) The performance of metropolitan district councils, in exercising their transport functions, shall be measured by reference to indicators 1 to 3 and 5 to 11 in Schedule 9 to this Order.

(5) The performance of metropolitan county passenger transport authorities, in exercising their transport functions, shall be measured by reference to indicators 4, 10 and 11 in Schedule 9 to this Order.

Section 12 Performance indicators for planning

(1) The performance of the best value authorities specified in paragraph (2), in exercising their planning functions, shall be measured by reference to indicators 1 to 7 in Schedule 10 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) the Common Council of the City of London in its capacity as a local authority;

(b) the Council of the Isles of Scilly;

(c) metropolitan district councils;

(d) London borough councils;

(e) non-metropolitan district councils; and

(f) unitary councils.

(3) The performance of the best value authorities specified in paragraph (4), in exercising their planning functions, shall be measured by reference to indicators 1 to 3 and 5 to 7 in Schedule 10 to this Order.

(4) The best value authorities specified for the purposes of paragraph (3) are—

(a) county councils which are not unitary councils;

(b) the Broads authority; and

(c) National park authorities.

Section 13 Performance standards for planning

(1) The best value authorities specified in paragraph (2), in exercising their planning functions shall, in relation to indicator 3(a) (major applications) in Schedule 10 to this Order, meet standard 1 as specified in Schedule 11 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are:

Barnet London Borough Council;

Bath & North East Somerset District Council;

Birmingham City Council;

Brent London Borough Council;

Brighton & Hove City Council;

Bristol City Council;

Calderdale Metropolitan Borough Council;

Cambridge City Council;

Canterbury City Council;

Carrick District Council;

Chichester District Council;

Colchester Borough Council;

Croydon London Borough Council;

Eastleigh Borough Council;

East Cambridgeshire District Council;

East Hampshire District Council;

Epsom and Ewell Borough Council;

Fareham Borough Council;

Gedling District Council;

Hackney London borough council;

Haringey London borough council;

Harrow London borough council;

Hart District Council;

Havant Borough Council;

London Borough of Hillingdon;

Hinckley and Bosworth Borough Council;

Isle of Wight county Council;

Kerrier District Council;

Leeds City Council;

Mansfield District Council;

Medway District Council;

Mendip District Council;

Mid Devon District Council;

Milton Keynes Borough Council;

North Devon District Council;

North Hertfordshire District Council;

Norwich City Council;

Peterborough City Council;

Reading Borough Council;

Reigate and Banstead Borough Council;

London Borough of Richmond-upon-Thames;

Rother District Council;

Ryedale District Council;

Salisbury District Council;

Sevenoaks District Council;

Southampton City Council;

South Buckinghamshire District Council;

Spelthorne Borough Council;

Stratford-on-Avon District Council;

Surrey Heath Borough Council;

Taunton Deane Borough Council;

Thurrock District Council;

Uttlesford District Council;

Vale of White Horse District Council;

Watford Borough Council;

Waveney District Council;

Welwyn Hatfield District Council;

West Berkshire District Council;

West Dorset District Council;

West Lindsey District Council;

Westminster London borough council;

West Wiltshire District Council;

Weymouth and Portland Borough Council;

Windsor and Maidenhead Royal borough council;

Worcester City Council; and

York City Council.

(3) The best value authorities specified in paragraph (4), in exercising their planning functions, shall in relation to indicator 3(b) (minor applications) in Schedule 10 to this Order meet standard 2 as specified in Schedule 11 to this Order.

(4) The best value authorities specified for the purposes of paragraph (3) are—

Bassetlaw District Council;

Bedford Borough Council;

Blaby District Council;

Brighton & Hove City Council;

Durham City Council;

Ealing London borough council;

East Cambridgeshire District Council;

East Devon District Council;

Hackney London borough council;

Harrogate Borough Council;

Havering London borough council;

Hillingdon London borough council;

Lambeth London borough council;

Medway District Council;

Mid Bedfordshire District Council;

Mid Devon District Council;

Reigate and Banstead Borough Council;

Rossendale Borough Council;

St Albans District Council;

Sheffield City Council;

Southampton City Council;

South Northamptonshire District Council;

Test Valley Borough Council;

Three Rivers District Council;

Wear Valley District Council;

West Berkshire District Council;

West Dorset District Council;

West Wiltshire District Council; and

Windsor and Maidenhead Royal borough council.

(5) The best value authorities specified in paragraph (6), in exercising their planning functions, shall, in relation to indicator 3(c) (other applications) in Schedule 10 to this Order meet standard 3 as specified in Schedule 11 to this Order.

(6) The best value authorities specified for the purposes of paragraph (5) are—

Bedford Borough Council;

Brighton & Hove City Council;

Forest Heath District Council;

Gloucester City Council;

Hackney London borough council;

Hillingdon London borough council;

Leeds City Council;

Mid Devon District Council;

Mid Suffolk District Council;

Oldham Metropolitan Borough Council;

Oxford City Council;

Reigate and Banstead Borough Council;

Ribble Valley Borough Council;

St Albans District Council;

Southampton City Council;

Wansbeck District Council;

West Wiltshire District Council;

Weymouth and Portland Borough Council; and

Windsor and Maidenhead Royal Borough Council.

Section 14 Performance indicators for environmental health and trading standards

(1) The performance of the best value authorities specified in paragraph (2), in exercising their environmental health and trading standards functions, shall be measured by reference to the indicator contained in Schedule 12 to this Order.

(2) The best value authorities specified for the purpose of paragraph (1) are—

(a) county councils;

(b) the Common Council of the City of London, in its capacity as a local authority;

(c) the Council of the Isles of Scilly;

(d) London borough councils;

(e) metropolitan district councils;

(f) non-metropolitan district councils; and

(g) unitary councils.

Section 15 Performance indicators for cultural and related services

(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to cultural and related services, shall be measured by reference to indicators 1 to 5 in Schedule 13 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) county councils;

(b) metropolitan district councils; and

(c) unitary councils;

(3) The performance of non-metropolitan district councils, in exercising their functions in relation to cultural and related services, shall be measured by reference to indicator 1, in Schedule 13 to this Order.

(4) The performance of the Greater London Authority, in exercising those of its functions which are exercised through the Mayor, in relation to cultural and related services, shall be measured by reference to indicator 1 in Schedule 13 to this Order.

(5) The performance of the Council of the Isles of Scilly, in exercising its functions in relation to cultural and related services, shall be measured by reference to indicators 1 to 4 in Schedule 13 to this Order.

(6) The performance of London borough councils, in exercising all of their functions in relation to cultural and related services, shall be measured by reference to indicators 1 and 3 to 5 in Schedule 13 to this Order.

Section 16 Performance indicators for fire services

The performance of fire authorities, in exercising their functions in respect of the provision of fire services, shall be measured by reference to indicators 1 to 11 in Schedule 14 to this Order.

Section 17 Performance indicators for community legal services

(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community legal services, shall be measured by reference to the indicator in Schedule 15 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) county councils;

(b) the Common Council of the City of London in its capacity as a local authority;

(c) the Council of the Isles of Scilly;

(d) London borough councils;

(e) metropolitan district councils;

(f) non-metropolitan district councils; and

(g) unitary councils.

Section 18 Community well-being performance indicators

(1) The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community well-being, shall be measured by reference to indicators 1 and 2 in Schedule 16 to this Order.

(2) The best value authorities specified for the purposes of paragraph (1) are—

(a) metropolitan district councils;

(b) non-metropolitan district councils;

(c) the council of the Isles of Scilly;

(d) the Common Council of the City of London, in its capacity as a local authority;

(e) London borough councils;

(f) unitary councils; and

(g) county councils.

Section 19 Revocation

The Local Government (Best Value) Performance Indicators and Performance Standards Order 2002 is hereby revoked.