Legalize / United Kingdom / Wales / Measure of the Welsh Assembly

Local Government (Wales) Measure 2009

Type Measure of the Welsh Assembly

Publication 2021-11-01

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — LOCAL GOVERNMENT IMPROVEMENT

Meaning of “Welsh improvement authority”

1

For the purposes of this Measure, a “Welsh improvement authority” is—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a Welsh fire and rescue authority, that is an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.

General duty

General duty in relation to improvement

2

(1) A Welsh improvement authority must make arrangements to secure continuous improvement in the exercise of its functions.

(2) In discharging its duty under subsection (1), an authority must have regard in particular to the need to improve the exercise of its functions in terms of—

(a) strategic effectiveness;

(b) service quality;

(d) fairness;

(e) sustainability;

(f) efficiency; and

(g) innovation.

(3) For the meanings of paragraphs (a) to (g) of subsection (2), see section 4.

Improvement objectives

3

(1) For each financial year, a Welsh improvement authority must set itself objectives for improving the exercise of its functions during that year (“improvement objectives”).

(2) A Welsh improvement authority must make arrangements to secure achievement of its improvement objectives.

(3) An improvement objective must be framed so as to improve the exercise of the function or functions to which it relates in terms of at least one of the following—

(a) strategic effectiveness;

(b) service quality;

(d) fairness;

(e) sustainability;

(f) efficiency; and

(g) innovation.

(4) For the meanings of paragraphs (a) to (g) of subsection (3), see section 4.

Improvement: supplementary

Aspects of improvement

4

(1) This section provides for the meanings of paragraphs (a) to (g) of—

(a) section 2(2);

(b) section 3(3); and

(2) A Welsh improvement authority improves the exercise of its functions in terms of—

(a) strategic effectiveness, if it exercises its functions in a way which is reasonably likely to lead to the achievement of, or assist in achieving, any of its strategic objectives;

(b) service quality, if there is an improvement in the quality of services;

(d) fairness, if—

(i) disadvantages faced by particular groups in accessing, or taking full advantage of, services are reduced; or

(ii) social well-being is improved as a result of the provision of services or the way in which functions are otherwise exercised;

(e) sustainability, if services are provided or functions are otherwise exercised in a way which contributes towards the achievement of sustainable development in the authority's area;

(f) efficiency, if there is an improvement in the efficiency with which resources are used in the provision of services or in the way in which functions are otherwise exercised; and

(g) innovation, if the way in which services are provided or functions are otherwise exercised is altered in a manner which is reasonably likely to lead to any outcome described in paragraphs (a) to (f).

(3) For the purposes of subsection (2)(a), a Welsh improvement authority's strategic objectives are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) any relevant community strategy objectives; and

(ii) where the authority has decided to set itself objectives in response to guidance contained in the Fire and Rescue National Framework, those objectives.

(4) For the purposes of this section—

(a) “current community strategy” (“strategaeth gymunedol gyfredol”) means the community strategy for a local authority's area published under section 39(4) or, where the strategy has been amended following a review under section 41, the strategy most recently published under section 41(6);

(b) “Fire and Rescue National Framework” (“Fframwaith Cenedlaethol Tân ac Achub”) means the Framework prepared by the Welsh Ministers and having effect under section 21 of the Fire and Rescue Services Act 2004 (including any revisions to the Framework which have effect under that section);

(d) “relevant community strategy objective” (“amcan strategaeth gymunedol perthnasol”) means an objective that—

(i) is contained within a current community strategy the production of which involved the authority as a community planning partner (within the meaning of section 38); and

(ii) is connected with the authority's functions;

(e) a reference to services is to—

(i) services provided by the authority in the exercise of its functions;

(ii) services provided by any other person under arrangements made by the authority in the exercise of its functions.

Consultation about the general duty and improvement objectives

5

(1) For the purpose of deciding how to fulfil the duties under section 2(1) and 3(1) a Welsh improvement authority must consult—

(a) representatives of persons resident in the authority's area;

(b) representatives of persons liable to pay non-domestic rates in respect of any area within which the authority carries out functions;

(d) representatives of persons appearing to the authority to have an interest in any area within which the authority carries out functions.

(2) For the purposes of subsection (1) “representatives” in relation to a group of persons means persons who appear to the authority to be representative of that group.

The general duty, improvement objectives and consultation: guidance

6

In deciding—

(a) how to discharge its duties under section 2(1), 3(1) and 3(2);

(b) who to consult under section 5; or

a Welsh improvement authority must have regard to any guidance issued by the Welsh Ministers.

Aspects of improvement: amendment

7

(1) The Welsh Ministers may by order—

(a) amend or omit any paragraph of subsection (2) of section 4;

(b) add additional paragraphs to that subsection;

(2) Such an order may make such amendments of this Measure as appear to the Welsh Ministers to be necessary or expedient in connection with the provision made under subsection (1).

(3) Before making such an order, the Welsh Ministers must consult—

(a) persons appearing to them to represent Welsh improvement authorities, and

(b) such other persons (if any) as they think fit.

Performance indicators and standards

8

(1) The Welsh Ministers may by order specify—

(a) factors (“performance indicators”) by reference to which a Welsh improvement authority's performance in exercising functions can be measured;

(b) standards (“performance standards”) to be met by Welsh improvement authorities in relation to performance indicators specified under paragraph (a).

(2) An order may specify different performance indicators or standards—

(a) for different functions;

(b) for different authorities or descriptions of authority;

(3) Before specifying performance indicators or standards the Welsh Ministers must consult—

(a) persons appearing to them to represent the authorities concerned,

(b) the Auditor General for Wales, and

(4) In deciding whether to specify performance indicators and standards, and in deciding them, the Welsh Ministers must aim to promote improvement of the exercise of the functions of Welsh improvement authorities.

(5) In particular, the Welsh Ministers must be concerned with the need to improve the exercise of those functions in terms of at least one of the following—

(a) strategic effectiveness;

(b) service quality;

(d) fairness;

(e) sustainability;

(f) efficiency; and

(g) innovation.

(6) For the meanings of paragraphs (a) to (g) of subsection (5), see section 4(2).

(7) A Welsh improvement authority must make arrangements to exercise its functions so that any applicable performance standard specified under subsection (1)(b) is met.

Collaboration and improvement

Powers to collaborate etc

9

(1) For the purpose of discharging or facilitating the discharge of its duties under section 2(1), 3(2) and 8(7) or the duties of another Welsh improvement authority under those sections, a Welsh improvement authority has the powers in subsection (2).

(2) The powers are—

(a) to provide financial assistance to any person;

(b) to enter into arrangements or agreements with any person;

(d) to exercise on behalf of any person any functions of that person; and

(e) to provide staff, goods, services or accommodation to any person.

(3) This section is without prejudice to any other power of a Welsh improvement authority.

Fire and rescue authorities: powers of delegation

10

(1) For the purpose of discharging or facilitating the discharge by a Welsh fire and rescue authority of its duties under sections 2(1), 3(2) and 8(7), section 101(1)(b) and (5) of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities) shall have effect as if the authority were a local authority for the purposes of that section.

(2) This section is without prejudice to any other power of a Welsh fire and rescue authority.

Meaning of “powers of collaboration”

11

(1) For the purposes of this Part, a reference to a Welsh improvement authority's “powers of collaboration” is a reference to the following—

(a) the Welsh improvement authority's powers under section 9 of this Measure;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a power of the Welsh improvement authority to authorise a person (or the person's employees) to exercise a function on the authority's behalf under an order made under section 70 of the Deregulation and Contracting Out Act 1994 (c. 40);

(d) in the case of a Welsh fire and rescue authority, its powers under section 101(1)(b) and (5) of the Local Government Act 1972 (as given effect in relation to the authority by section 10 of this Measure);

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties in relation to powers of collaboration

12

(1) A Welsh improvement authority must from time to time consider whether the exercise of any of its powers of collaboration would assist it to discharge its duties under sections 2(1), 3(2) and 8(7).

(2) If the authority concludes that the exercise of a power of collaboration would assist it to comply with those duties it must seek to exercise, or cause to be exercised, the power.

Guidance about collaboration between Welsh improvement authorities

12A

In deciding whether and how to exercise its functions under sections 9(1) and 12, a Welsh improvement authority must have regard to any guidance issued by the Welsh Ministers.

Improvement planning and information

Collection of information related to performance

13

(1) A Welsh improvement authority must make arrangements for—

(a) the collection of information which will allow it to assess whether it has met during a financial year those improvement objectives set under section 3(1) which are applicable to that year;

(b) the collection of information which will allow it to—

(i) measure its performance during a financial year by reference to those performance indicators specified under section 8(1)(a) which are applicable to the authority for that year;

(ii) assess whether it has met during a financial year those performance standards specified under section 8(1)(b) which are applicable to the authority for that year;

(i) measure its performance during a financial year by reference to those self-imposed performance indicators which are applicable to that year;

(ii) assess whether it has met during a financial year those self-imposed performance standards which are applicable to that year.

(2) For the purposes of this section and sections 14 and 15—

(a) a self-imposed performance indicator is a factor by reference to which a Welsh improvement authority has decided to measure its performance in exercising its functions; and

(b) a self-imposed performance standard is a standard which a Welsh improvement authority has decided to meet in relation to a self-imposed performance indicator.

Use of performance information

14

(1) A Welsh improvement authority must use the information it collects under section 13 to compare its performance in exercising the functions to which the information relates with—

(a) its performance in exercising those or similar functions during previous financial years; and

(b) so far as is reasonably practicable, the performance of other Welsh improvement authorities and other public authorities in exercising those or similar functions during the financial year to which the information relates and during previous financial years.

(2) A Welsh improvement authority must—

(a) use the information it collects under section 13 to assess whether it could improve its performance in exercising its functions; and

(b) in the light of that assessment, decide what steps it will take with a view to improving its performance in exercising its functions.

(3) In discharging its duty under this section and section 13 a Welsh improvement authority must have regard to any guidance issued by the Welsh Ministers.

Improvement planning and publication of improvement information

15

(1) A Welsh improvement authority must make arrangements in accordance with this section for the publication of the information described below.

(2) The authority must make arrangements for the publication of—

(a) the authority's assessment of its performance during a financial year—

(i) in discharging its duty under section 2;

(ii) in meeting the improvement objectives it has set itself under section 3 which are applicable to that year;

(iii) by reference to performance indicators specified under section 8(1)(a) and self-imposed performance indicators which are applicable to that year;

(iv) in meeting performance standards specified under section 8(1)(b) and self-imposed performance standards which are applicable to that year;

(b) the authority's assessment of its performance in exercising its functions during a financial year as compared with—

(i) its performance in previous financial years; and

(ii) so far as is reasonably practicable, the performance during that and previous financial years of other Welsh improvement authorities and other public authorities (to the extent that those authorities exercise similar functions to those exercised by the authority);

(c) details of the ways in which the authority has during a financial year exercised its powers of collaboration for the purpose of discharging or facilitating the discharge of its duties under sections 2(1), 3(2) and 8(7) during that year;

(d) details of the information collected under section 13 in respect of a financial year and what the authority has done to discharge its duties under section 14 in relation to that year.

(3) Those arrangements must be framed so that the information is published before—

(a) 31 October in the financial year following that to which the information relates; or

(b) such other date as the Welsh Ministers may specify by order.

(4) The authority must make arrangements for the publication of a summary of any report in respect of the authority issued under section 22.

(5) Those arrangements must be framed so that the summary is published before—

(a) 31 October in the financial year following that in which the report was issued; or

(b) such other date as the Welsh Ministers may specify by order.

(6) The authority must make arrangements for the publication of a description of the authority's plans for discharging its duties under sections 2(1), 3(2) and 8(7) in a financial year together with, if the authority thinks fit, its plans for subsequent years (an “improvement plan”).

(7) Those arrangements must be framed so that the information is published—

(a) as soon as is reasonably practicable after the start of the financial year to which the plan must relate; or

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