The Local Government Act 1988 (Competition) (Legal and Construction etc. Services) (Police Authorities) Regulations 1995

• Citation: S.I. 1995/3302
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Local Government Act 1988 (Competition) (Legal and Construction etc. Services) (Police Authorities) Regulations 1995 and shall come into force on 26th January 1996.

(2) In these Regulations,

“police authority”means—

a police authority constituted under section 3 of the Police Act 1964 , and

the Common Council of the City of London in its capacity as a police authority;

“ the Act ”means the Local Government Act 1988.

Section 2 Application of section 6

(1) Section 6 of the Act shall apply, in relation to a police authority, to the specified proportion of work of any description falling within each of—

(a) the defined activity mentioned in section 2(2)(j) of the Act (“legal services”) and

(b) the defined activity mentioned in section 2(2)(k) of the Act (“construction and property services”),

other than work carried out, under a works contract in relation to which that authority were a bidding authority to which section 4 of the Act (works contracts) applies, if it is proposed to be carried out after the date specified in relation to each police authority—

(i) in Schedule 1 in relation to legal services and

(ii) in Schedule 2 in relation to construction and property services.

(2) In this regulation, “the specified proportion”in relation to each of the defined activities mentioned in paragraph (1) means an amount equal to the product of the formula specified in relation to that activity in Schedule 3.

Section 1 Formula specified in relation to legal services

where

an amount equal to the cost to a police authority of the specified work;

an amount equal to 55 per cent of T or £300,000, whichever is greater;

for the period ending on 31st March 1999 or five years after work was awarded,, whichever is shorter,, an amount equal to the cost of specified work which is being carried out by a police authority following voluntary competitive tendering; and

an amount equal to the cost of specified work carried out by a defined authority in connection with functional work falling within any other defined activity where that functional work is being carried out by a defined authority in accordance with the provisions of the Act.

Section 2 Formula specified in relation to construction and property services

where

an amount equal to the cost to a police authority of the specified work;

an amount equal to 35 per cent of T or £450,000,, whichever is greater;

for the period ending on 31st March 1999 or five years after work was awarded,, whichever is shorter,, an amount equal to the cost of specified work which is being carried out by a police authority following voluntary competitive tendering;

an amount equal to the cost of specified work carried out by a defined authority in connection with functional work falling within any other defined activity where that functional work is being carried out by a defined authority in accordance with the provisions of the Act; and

for the allowable period,, an amount equal to the cost of work falling within paragraphs 12(3)(d) and (e) of Schedule 1 to the Act , where that work has been started by a defined authority before the commencement of the allowable period.

Section 3 Interpretation

In this Schedule—

(a) “the allowable period” means the period commencing on the date when section 6 of the Act first applies to the police authority in question in respect of specified work and ending —

(i) as respects work falling within paragraph 12(3)(d) of Schedule 1 to the Act, on the date when that work is completed;

(ii) as respects work falling within paragraph 12(3)(e) of Schedule 1 to the Act, on the date when the document verifying completion of the work is issued;

(b) “the cost” means the estimated total annual cost including overheads;

(c) “the specified work” means work within the defined activity mentioned in section 2(2)(j) or, as the case may be, section 2(2)(k) of the Act, and

(d) “voluntary competitive tendering” means the awarding of work before 1st April 1994 following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for the work.