The Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1988

• Citation: S.I. 1988/1371
• Sections: 6

Section 1 Citation and Commencement

These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1988 and shall come into force on 1st September 1988.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Local Government Act 1988;

“county police authority” means a police authority constituted under section 2 of the Police Act 1964 ;

“specified authority” means—

any defined authority which has functions in England other than—

a development corporation established for the purposes of a new town;

the Commission for the New Towns; or

the Inner London Education Authority; and

any joint committee which falls to be treated as a defined authority by section 1(4) of the Act and of which at least one of the members is an authority which is a specified authority by virtue of sub-paragraph (i) above;

“work” does not include work carried out elsewhere than in England.

Section 3 Application of Section 6

(1) Section 6 of the Act shall apply to functional work of any description falling within any defined activity other than the maintenance of ground if the work is proposed to be carried out on or after 1st August 1989 by—

(a) the Council of the Isles of Scilly; or

(b) any other specified authority other than a local authority or a county police authority.

(2) Section 6 shall apply to functional work mentioned in paragraph (1) if it is proposed to be carried out on or after 1st August 1990 by a parish council.

(3) Section 6 shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(a) (collection of refuse) if it is proposed to be carried out on or after 1st August 1989 by a county council.

(4) Section 6 shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(d) (catering for purposes of schools and welfare) if it is proposed to be carried out on or after 1st August 1989 by a district council other than a metropolitan district council.

Section 4 Application of Section 6

(1) Section 6 shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(f) (maintenance of ground) if it is proposed to be carried out—

(a) on or after 1st January 1990 by the Council of the Isles of Scilly, a parish council, or any other specified authority which is neither a local authority nor a county police authority;

(b) on or after 1st January 1994 by any specified authority.

(2) Where any specified authority other than one mentioned in sub-paragraph (a) of paragraph (1) proposes to carry out functional work of any description falling within the defined activity mentioned in that paragraph in any of the calendar years 1990 to 1993, section 6 shall apply in each of those years to such part of that work as is estimated by the authority to equal in value the percentage of the value of earlier work specified below in relation to that year—

(3) For the purposes of paragraph (2)—

“earlier work” means work falling within the defined activity mentioned in section 2(2)(f) of the Act and carried out or treated as carried out by or for the authority in the financial year ending nine months before the beginning of the calendar year in question; and

“value” means in relation to earlier work the gross amount estimated by the authority as the cost of that work.

Section 5 Application of Section 6

(1) Section 6 shall apply in accordance with this regulation as respects functional work of any description if carried out by an authority named in Schedule I hereto.

(2) In the case of work falling within a defined activity mentioned in column 1 of Schedule 2, section 6 shall apply if the work is carried out by a non metropolitan district council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included.

(3) In the case of work falling within a defined activity mentioned in column 1 of Schedule 3, section 6 shall apply if the work is carried out by a county council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included.

(4) In the case of work falling within a defined activity mentioned in column 1 of Schedule 4, section 6 shall apply if the work is carried out by a London borough or metropolitan district council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included.

(5) This regulation shall apply—

(a) to a county police authority as if it were a member of the same numbered group as the county council for its area; and

(b) to the Common Council of the City of London (whether in its capacity as local authority or police authority) as if it were a London borough council in the group numbered 1.

Section 6 Application of Section 6

Where a specified authority propose to carry out functional work of any description which falls within a defined activity (whether or not by virtue of section 2(5) or (7) of the Act) and to which section 6 of the Act would not otherwise apply, it shall (if the authority so decide) be treated as work to which section 6 applies.