Clause 36 - Best value grant: parishes
Local Government Bill
9:45 am
Mr Desmond Swayne (New Forest West, Conservative)
Can the Minister explain subsection (1)(a)? It concerns
''A parish council subject to any of the duties in sections 3 to 6 of the Local Government Act 1999''.
Looking at those duties, it is clear that they are not a menu. Clause 3 (1) says that
''A best value authority must make arrangements to secure continuous improvement''
and clause 3(2) says that an authority must consult, and lays out those with whom it must consult. Clause 5(1) says that
''A best value authority must conduct best value reviews'',
and, under clause 6(1)
''A best value authority must prepare a best value performance plan''.
In each case, a best value authority must conduct all those functions; not any function, all of them. It troubles me that we should state that a parish council is subject to any of the duties, because if it is subject to one of them, it is subject to all. Is this merely a question of a loose use of language—in which case I shall be satisfied because it is not that grave—or have we missed something that is implicit in the use of ''any'' and about which we should be aware because of its implications in the clause?