« Previous | Contents | Next »
Listen
The Local Government in Scotland Act 2003
Power to Advance Well-Being Guidance
CHAPTER 1:INTRODUCTION
Introduction
1.1 Part 3 of the Local Government in Scotland Act 2003, referred to as "the Act" throughout this guidance, creates a new discretionary power which enables local authorities to do anything they consider is likely to promote or improve the well-being of their area and/or persons in it. The power came into force on 1 April 2003 and is referred to as "the power" throughout this guidance.
1.2 This guidance is issued by Scottish Ministers under Section 21 of the Act. It is intended to acquaint local authorities and other interested parties with the breadth of the new power and to encourage innovative and imaginative use of it. It has been prepared following extensive consultation and in collaboration with a working group under the auspices of the Best Value Taskforce. The working group was comprised of members from Audit Scotland, Convention of Scottish Local Authorities, Scottish Chambers of Commerce, Scottish Consumer Council, Scottish Council for Voluntary Organisations, the Scottish Executive, Society of Local Authority Chief Executives, and the Society of Local Authority Lawyers and Administrators.
1.3 The Act provides a framework to enable the delivery of better, more responsive public services. The 3 core elements of the Act are linked: the power to advance well-being is subject to the duty of Best Value and it is likely that some uses of the power to advance well-being will stem from the work of Community Planning partnerships. Separate guidance has been issued relating to the Best Value and Community Planning parts of the Act.
1.4 The Act is an important part of the Scottish Executive's local government modernisation agenda and its drive to see continuous improvement in public services. The Scottish Executive wants to ensure that services are delivered in ways that best meet the needs of communities and consumers and are delivered in joined-up ways that maximise effectiveness and minimise duplication. Through the inter-related duties and powers, the Act:
- Provides a framework to enable the delivery of better, more responsive public services;
- Makes it easier for local authorities to do their jobs;
- Gives more flexibility and responsibility to local authorities to act within a sensible framework;
- Enables local authorities to work and deliver in partnership with other agencies and communities; and
- Overcomes some of the obstacles in the way of continuous improvement in service delivery.
What do we mean by "well-being"
1.5 The "well-being" of an area and the people within that area will be dependent on many factors. Some of these factors will be outwith the direct influence of the local authority or other public bodies, for example some national or global issues. Nevertheless, local authorities, working in partnership with others, are in an excellent position to make an assessment of what is needed to advance well-being, and can provide a solid foundation for the overall well-being of their area that responds directly to local, regional and national issues.
1.6 Key factors which contribute to promotion or improvement of well-being may include:
- Economic factors such as the availability of suitable and high quality jobs, measures to encourage local small businesses, efficient and effective transport links, lifelong learning, training and skills development, the provision of infrastructure and new information and communication technologies etc;
- Social factors such as the promotion of good quality and affordable housing; safe communities; the encouragement of the voluntary sector; looking after the needs of children and young people, particularly the most vulnerable; access to the arts or leisure opportunities; access to education etc;
- Health related factors such as the promotion of good physical, social and mental health and developing and promoting policies which have a positive impact on health outcomes, especially on health inequalities; and
- Environmental factors such as the availability of clean air, clean water, clean streets, the quality of the built environment, the removal of objects considered hazardous to health, removal of disfiguring or offensive graffiti from buildings, protecting communities against the threat of climate change, freedom from a high risk of flooding, improving and promoting biodiversity and accessibility to nature.
1.7 In discharging their functions, local authorities are now obliged to make arrangements which secure continuous improvement in performance. This is what the duty of Best Value means. Best Value also requires local authorities to secure Best Value in a way that contributes to the achievement of sustainable development. Sustainable development is usually seen to be development which secures a balance of social, economic, health and environmental well-being in the impact of activities and decisions, and which seeks to meet the needs of the present without compromising the ability of future generations to meet their own needs. Since sustainable development is most often interpreted as the point where a balance between social, economic, health and environmental objectives is struck, there are obvious links between sustainable development and well-being.
1.8 Different local authorities may have different views about the type of activity that will promote or improve the well-being of their area, and the factors that constitute the well-being of their area. The term "well-being" is therefore not defined in the Act nor in this guidance, and the factors noted above are intended as examples rather than a definitive list. Plans, priorities and actions taken under the power should be informed by, and responsive to, the views of the people and communities in the area. That will help inform local authorities' views of well-being in their area.
Extending the meaning of "well-being"
1.9 The Act makes provision for the Scottish Ministers to extend the meaning of "well-being" by order. This is intended to provide a mechanism to allow "well-being" to be defined in legislation if considered necessary and updated if appropriate. For example, this provision might be used if the common understanding of the term becomes narrower or changes significantly over time or is narrowed by case law.
Links with Community Planning and Best Value
1.10 The 3 core elements of the Act - the power to advance well-being, Community Planning, and Best Value should be seen as inter-related.
1.11 The power to advance well-being has been drafted in such a way that local authorities have considerable discretion in how they exercise it. They may use it to support their arrangements to secure Best Value and to help secure the objectives of Community Planning Partnerships they are involved in. They may also use it for other purposes which are unrelated to these objectives. But in anything they do to advance well-being, the local authority must have regard to the duty of Best Value in pursuing continuous improvement in how it exercises the power.
1.13 In exercising the power to advance well-being, local authorities should also have regard to Community Planning. Following consultation, Ministers have issued guidance on Community Planning which should be read in conjunction with this guidance. This does not mean that any potential use of the power must first have featured in a Community Plan nor that every exercise of the power has to have a Community Planning basis, but, where it impacts on or raises expectations of Community Planning partners, we would expect local authorities to engage them appropriately.
« Previous | Contents | Next »