The Local Government (Best Value Performance Indicators) (Wales) Order 2001

• Citation: S.I. 2001/1337 (W.)
• Sections: 18

Section 1 Name, Commencement and Application

(1) This Order is called the Local Government (Best Value Performance Indicators) (Wales) Order 2001 and it comes into force on 1st April 2001.

(2) This Order applies only to Wales.

Section 2 Revocation

The Local Government (Best Value Performance Indicators) (Wales) Order 2000 is revoked.

Section 3 Interpretation

In this Order—

“best value authority” (“awdurdod gwerth gorau”) means:

in relation to part 1 of the Table in article 4, county councils and county borough councils including, where appropriate, such councils acting as waste disposal authorities

in relation to part 2 of that Table, National Park authorities

Section 4 Performance Indicators

The performance of a best value authority in exercising its functions shall be measured by reference to the performance indicators specified in the Table listed below in respect of the functions identified in the Table.

Section 1

Inspections must be carried out or arranged by the street-cleansing client.

Section 2

Survey should cover streets in zones 1, 2 and 3 (from the Code of Practice on Litter and Refuse).

Section 3

At least 2% of streets should be inspected every two months. This sample may cover the same streets in different months (i.e. the samples can overlap), or may even involve two inspections at different points on the same street within the same month, where this is thought to be appropriate for longer or busier streets. But the number of inspections should be equivalent to 2% of the total number of streets in the best value authority.

Section 4

The sample programme must be representative of the whole authority best value in terms of the location of the streets and the balance of streets in each zone. Inspections should be carried out at random times – this excludes monitoring carried out after cleansing solely for the purpose of monitoring a street-cleansing contract. However, random monitoring of an output— based contract would be acceptable.

“An inspection” is a visual examination of a length of street against the photographic standards in the Code of Practice for Litter and Refuse.

Where best value authorities target their inspections on known “dirty” areas, they should adjust their results so they reflect the overall balance of streets in their area (for example, if they do five times as many inspections in “dirty” areas as they do in other areas, they should calculate the overall result for the authority by “de-weighting” results from those areas).

Section 1

a Does the best value authority have written published enforcement policy/policies, formally endorsed by its members that cover all aspects of environmental health and trading standards enforcement?

(b) Is non-compliance with statutory requirements followed up in accordance with the enforcement policy/policies?

(c) Do the policy/policies confirm that the best value authority has signed the Enforcement Concordat?

(d) Do the policy/policies take in to account the guidance set out in “The Code for Crown Prosecutors”?

(e) Do the policy/policies include the criteria to be met before formal enforcement by the best value authority?

(f) Do the policy/policies make provision for situations where there is a shared enforcement role?

(g) Do the policy/policies make provision for the particular interests of consumers within the best value authority’s area including business owners, employees and the public?

(h) Are the policy/policies mentioned above followed, monitored, and reported on, and any variations addressed within the service plan or Best Value Performance Plan ( BVPP )?

Planned enforcement activity

Section 2

Does the best value authority have risk— based inspection programmes, and sampling and surveillance regimes for regulatory services that:

(a) meet legal requirements;

(b) otherwise have regard to official guidance;

(c) otherwise have regard to other appropriate professional guidance and standards?

The best value authority must be able to demonstrate that it regularly reviews its interpretation and application of legislation and guidance. For example, in the trading standards area, it should carry out an annual comparison of the proportion of its trading premises that it has classified as having “high”, “medium” or “low” inspectable risk with the figures for other authorities. It should then carry out process benchmarking with other authorities if these proportions differ significantly form the average, e.g. if the authority’s figures are in the upper or lower decile.

Section 3

Are the programmes and regimes mentioned above in Point 2 followed, monitored, and reported on, and any variations addressed within a service plan or BVPP?

Section 4

Does the best value authority have targeted educational and information programmes?

Section 5

Are the programmes mentioned in Point 4 followed, monitored, and reported on, and any deviations from the planned programmes addressed within a service plan or BVPP?

Reactive and responsive enforcement activity

Section 6

Does the best value authority have and implement policies, procedures, and standards for:

(a) responding to and dealing with complaints made to the best value authority about a third party and requests for services regarding statutory enforcement functions

(b) supporting the provision of consumer advice, including participation in a Consumer Support Network?

Section 7

Does the best value authority have and implement policies, procedures and standards for responding to and dealing with:

(a) statutory notifications

(b) the referral to other regulators of relevant information received where there is wider regulatory interest?

Section 8

Are the policies, procedures and standards mentioned above in Points 6 and 7 followed, monitored, and reported on, and any variations addressed within the service plan or BVPP?

Appropriate Resources

Section 9

Has the best value authority within the last five years benchmarked its resources for relevant services against similar best value authorities or comparable service providers including private and voluntary?

Consultation and satisfaction levels

Section 10

(a) Does the best value authority have a range of mechanisms in place to consult stakeholders affected by their service regarding the development of the enforcement policy?

(b) Does the best value authority have a range of mechanisms in place to consult stakeholders affected by their service regarding satisfaction levels?

(c) and are the consultation responses considered and acted upon?