The Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005 and shall come into force on 1st April 2005.

(2) In this Order—

“the Act” means the Local Government Act 1999;

“DEFRA” means the Department for the Environment, Food and Rural Affairs;

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

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

“development” has the same meaning as in section 55 of the Town and Country Planning Act 1990(1);

“disabled person” has the same meaning as in section 1 of the Disability Discrimination Act 1995(2);

“ethnic minority communities” means communities which are composed of people from any of the following ethnic backgrounds: Caucasian and Black African, Caucasian and Black Caribbean, Caucasian and Asian, any other mixed race background, Indian, Pakistani, Bangladeshi, any other Asian background, Black Caribbean, Black African, any other Black background, Chinese.

“fire and rescue authority” means a fire and rescue authority within the meaning of section 1 of the Fire and Rescue Services Act 2004(3);

“highway authority” has the meaning as in section 1(2) and (3) of the Highways Act 1980(4);

“intentionally homeless” has the meaning as in section 191 of the Housing Act 1996(5);

“major planning application” means a planning application for development involving any one of the following—

“minor planning application” means a planning application that is neither a major nor an other planning application;

“other planning application” means the following planning applications: mineral application other than those which are classed as major applications, consents to alter, householder developments, change of use of a building, advertisements, extensions or demolition of listed buildings, conservation area consents;

“port health authority” is an authority or board constituted as a port health authority by an order under section 2 of the Public Health (Control of Disease) Act 1984(6);

“principal council” means a council elected for a principal area as defined in section 270 of the Local Government Act 1972(7);

“priority need for accommodation” has the meaning given in section 189 of the Housing Act 1996;

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

“waste authority” means a waste collection authority or a waste disposal authority;

“waste collection authority” has the same meaning as in section 30(3) of the Environment Protection Act 1990(8);

“waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, storing, processing or disposing of refuse or waste materials;

“youth work” means a service providing activities for young people directly funded by a local authority.

(3) In this Order—

(a)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;

(b)a reference to a numbered Schedule is a reference to the Schedule to this Order bearing that number.