Local Government Act 1999

Last updated

Local Government Act 1999
Act of Parliament
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Long title An Act to make provision imposing on local and certain other authorities requirements relating to economy, efficiency and effectiveness; and to make provision for the regulation of council tax and precepts.
Citation 1999 c.27
Territorial extent  England and Wales
Dates
Royal assent 27 July 1999
Commencement from 10 August 1999 (1999-08-10)
Status: Current legislation
Text of statute as originally enacted
Text of the Local Government Act 1999 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Local Government Act 1999 is an Act of Parliament in the United Kingdom, applicable to a wide range of local authorities in England and Wales. It was promoted by a Labour government, in the first years of the First Blair ministry, and was described, in 2000, as "arguably most significant local government legislation for a decade". [1]

Contents

Part 1 of the Act introduced legal requirements for continuous improvement of services within a Best Value framework, expressed in terms of economy, efficiency and effectiveness. It mandated a transition from previous requirements for compulsory competitive tendering. It also introduced a regime of audit and inspection to assure the implementation and operation of Best Value, coupled with new powers of central government intervention in authorities failing to meet Best Value requirements. [1]

Part 2 of the Act replaced a prior system of universal caps on authority precepts and taxes, in favour of discretionary reserve capping powers, providing flexibility to the Secretary of State in deciding whether to intervene in authority budgeting. [2]

Provisions of the Act apply to local authorities (i.e. local government councils) as well as police, fire, waste, passenger transport, national park, development agency, and other authorities. [3] [4]

Background

The UK, in common with a number of other countries, began from the 1970s to reconsider hitherto settled local government models. Increasing economic uncertainty arising from 1970s oil shocks and stagflation, and concerns about an ageing population, were coupled with a populist Conservative agenda to shrink the size, cost, and activities of government. [5] For example, Conservative politician Nicholas Ridley harshly compared the "fat and bloated" local authorities of the United Kingdom to the relatively "slim" contract cities of the United States. [6]

Conservative governments from 1979 to 1997 enacted a series of legislative measures mandating compulsory competitive tendering for the provision of the range of services delivered by local authorities, starting with construction and highways maintenance work under the Local Government, Planning and Land Act 1980; refuse collection, street cleaning and building and ground maintenance under the Local Government Act 1988; leisure services under a Statutory Instrument (SI), The Local Government Act 1988 (Competition in Sports and Leisure Facilities) Order 1989; vehicle fleet maintenance and on-street parking activities under another SI, The Local Government Act 1988 (Competition) (Defined Activities) Order 1994; and then moving to a range of white-collar activities of authorities, such as property and housing management and construction planning, finance, IT and personnel, under a series of SIs in 1994 and 1995. [7] This market-led approach reflected a belief that the private-sector was more capable of delivering services than the public sector. [8]

By the late 1990s, there was political consensus that there existed a need to reinvigorate local democracy, [9] and from 1997 the incoming Labour administration pursued a Modernising Government agenda based on federalised and devolved principles - including Scottish and Welsh devolution from 1998. Best Value sought to provide a framework for authorities to develop higher quality and lower cost services meeting the established needs of their communities. [10]

Best Value ostensively replaced previous requirements for compulsory competitive tendering (CCT) to a wider range of authority services, and introduced requirements for consultation about services required by communities; challenge as to how services are delivered; comparison to elicit best practice; and competition to deliver value for money - collectively termed the '4 Cs' of BV. The focus of Best Value is on outcomes - what is achieved, in a wide societal context, by the actions of authorities - rather than upon outputs - what authorities produce. [11]

Related Research Articles

<span class="mw-page-title-main">Deregulation</span> Remove or reduce state regulations

Deregulation is the process of removing or reducing state regulations, typically in the economic sphere. It is the repeal of governmental regulation of the economy. It became common in advanced industrial economies in the 1970s and 1980s, as a result of new trends in economic thinking about the inefficiencies of government regulation, and the risk that regulatory agencies would be controlled by the regulated industry to its benefit, and thereby hurt consumers and the wider economy. Economic regulations were promoted during the Gilded Age, in which progressive reforms were claimed as necessary to limit externalities like corporate abuse, unsafe child labor, monopolization, pollution, and to mitigate boom and bust cycles. Around the late 1970s, such reforms were deemed burdensome on economic growth and many politicians espousing neoliberalism started promoting deregulation.

<span class="mw-page-title-main">Railways Act 1993</span> United Kingdom legislation

The Railways Act 1993 was introduced by John Major's Conservative government and passed on 5 November 1993. It provided for the restructuring of the British Railways Board (BRB), the public corporation that owned and operated the national railway system. A few residual responsibilities of the BRB remained with BRB (Residuary) Ltd.

<span class="mw-page-title-main">Crown Commercial Service</span>

The Crown Commercial Service (CCS) is an executive agency and trading fund of the Cabinet Office of the UK Government. The CCS is responsible for managing the procurement of common goods and services, increasing savings for the taxpayer by centralising buying requirements, and leading on procurement policy on behalf of the government.

<span class="mw-page-title-main">Local Government Act 1988</span> British law passed in 1988

The United Kingdom Local Government Act 1988 is an Act of the United Kingdom Parliament. It was famous for its controversial section 28. This section prohibited local authorities from promoting, in a specified category of schools, "the teaching of the acceptability of homosexuality as a pretended family relationship".

<span class="mw-page-title-main">Office of Rail and Road</span> UK government non-ministerial department

The Office of Rail and Road (ORR) is a non-ministerial government department responsible for the economic and safety regulation of Britain's railways, and the economic monitoring of National Highways.

Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own planning system that is responsible for town and country planning, which outside of England is devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd.

In the United States, the processes of government procurement enable federal, state and local government bodies in the country to acquire goods, services, and interests in real property. Contracting with the federal government or with state and local public bodies enables interested businesses to become suppliers in these markets.

Best Value was government policy in the United Kingdom affecting the provision of public services in England. In Wales, Best Value is known as the Wales Programme for Improvement. A statutory duty of Best Value also applies in Scotland.

<span class="mw-page-title-main">Fire services in the United Kingdom</span>

The fire services in the United Kingdom operate under separate legislative and administrative arrangements in England and Wales, Northern Ireland, and Scotland.

Government procurement or public procurement is undertaken by the public authorities of the European Union (EU) and its member states in order to award contracts for public works and for the purchase of goods and services in accordance with principles derived from the Treaties of the European Union. Such procurement represents 13.6% of EU GDP as of March 2023, and has been the subject of increasing European regulation since the 1970s because of its importance to the European single market.

<span class="mw-page-title-main">Liberal welfare reforms</span> Welfare state

The Liberal welfare reforms (1906–1914) were a series of acts of social legislation passed by the Liberal Party after the 1906 general election. They represent the Liberal Party's transition rejecting the old laissez faire policies and enacting interventionist state policies against poverty and thus launching the modern welfare state in the United Kingdom.

<span class="mw-page-title-main">Government procurement</span> Purchases by a government body

Government procurement or public procurement is when a governing body purchases goods, works, and services from an organization for themselves or the taxpayers. In 2019, public procurement accounted for approximately 12% of GDP in OECD countries. In 2021 the World Bank Group estimated that public procurement made up about 15% of global GDP. Therefore, government procurement accounts for a substantial part of the global economy.

Reserve Forces' and Cadets' Associations(RFCAs) are Crown bodies in the United Kingdom which give advice and assistance to the Defence Council, and to the Army, Royal Navy and RAF, on matters that concern reserves and cadets. They are contracted by the Ministry of Defence to provide services including management of the volunteer estate, employer support, cadets and youth and to establish and maintain links with the civilian community. Established in 1908 (known then as the County Associations), they are today organised as 13 regional associations, comprising voluntary members and a small full-time secretariat.

Transport law is the area of law dealing with transport. The laws can apply very broadly at a transport system level or more narrowly to transport things or activities within that system such as vehicles, things and behaviours. Transport law is generally found in two main areas:

<span class="mw-page-title-main">Section 28</span> Former British anti-homosexuality law

Section 28 or Clause 28 was a legislative designation for a series of laws across Britain that prohibited the "promotion of homosexuality" by local authorities. Introduced by Margaret Thatcher's Conservative government, it was in effect from 1988 to 2000 in Scotland and from 1988 to 2003 in England and Wales. It caused many organisations such as lesbian, gay, bisexual and transgender student support groups to close, limit their activities or self-censor.

All European countries show eGovernment initiatives, mainly related to the improvement of governance at the national level. Significant eGovernment activities also take place at the European Commission level as well. There is an extensive list of eGovernment Fact Sheets maintained by the European Commission.

<span class="mw-page-title-main">Merton London Borough Council</span> Local authority in England

Merton London Borough Council, which styles itself Merton Council, is the local authority for the London Borough of Merton in Greater London, England. It is a London borough council, one of 32 in London. The council has been under Labour majority control since 2014. The council is based at Merton Civic Centre in Morden.

Compulsory purchase is the power to purchase rights over an estate in English land law, or to buy that estate outright, without the current owner's consent. In England and Wales, Parliament has granted several different kinds of compulsory purchase power, which are exercisable by various bodies in various situations. Such powers are meant to be used "for the public benefit". This expression is interpreted broadly.

A direct service organisation or direct labour organisation is a business unit of a United Kingdom local authority or housing association which undertakes work specified by the Local Government Act 1988 and Local Government, Planning and Land Act 1980 and/or other work, including construction and maintenance. Its workers are directly employed by the authority.

At around £290 billion every year, public sector procurement accounts for around a third of all public expenditure in the UK. EU-based laws continue to apply to government procurement: procurement is governed by the Public Contracts Regulations 2015, Part 3 of the Small Business, Enterprise and Employment Act 2015, and the Public Contracts (Scotland) Regulations of 2015 and 2016. These regulations implement EU law, which applied in the UK prior to Brexit, and also contain rules known as the "Lord Young Rules" promoting access for small and medium enterprise (SMEs) to public sector contracts, based on Lord Young's Review Growing Your Business, published in 2013.

References

  1. 1 2 Vincent-Jones 2000, p. 84.
  2. Vincent-Jones 2000, pp. 89–90.
  3. "Local Government Act 1999, Section 1". legislation.gov.uk. 27 July 1999.
  4. Vincent-Jones 2000, pp. 85–86.
  5. O'Connell 2000, pp. 302–303.
  6. Lavery, Kevin (1999). Smart Contracting for Local Government Services: Processes and Experience. Westport, CT: Praeger Publishers. pp. 98–104. ISBN   9780275964283 . Retrieved 13 June 2024.
  7. Vincent-Jones 2000, p. 86.
  8. O'Connell 2000, p. 303.
  9. O'Connell 2000, p. 306.
  10. O'Connell 2000, p. 307.
  11. O'Connell 2000, p. 300.
Sources