The Local Government Act 1988 (Defined Activities) (Exemptions) (Police Authorities) Order 1995

• Citation: S.I. 1995/3303
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Police Authorities) Order 1995 and shall come into force on 26th January 1996.

(2) In this Order “police authority” means—

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

(b) the Common Council of the City of London in its capacity as a police authority.

Section 2 Legal Services

The provision of legal services by a police authority shall not be treated as a defined activity so long as it consists of legal work carried out in connection with any of the following:

(a) investigation or prosecution of a criminal offence;

(b) handling a complaint in pursuance of Part IX of the Police and Criminal Evidence Act 1984 ;

(c) proceedings in relation to a disciplinary offence, or unsatisfactory performance, by a member of a police force;

(d) the discharge of a constable during or at the end of his period of probation;

(e) the discharge of the functions of any constable or chief officer of police in pursuance of any enactment or instrument mentioned in Schedule 1 to this Order.

Section 3 Construction and property services

The provision of construction and property services by a police authority shall not be treated as a defined activity so long as it consists of the giving of advice in relation to the design, improvement or refurbishment of any premises for the purposes of—

(a) preventing crime in and in the neighbourhood of those premises;

(b) enhancing the security of such premises, or

(c) securing the safety of any persons.

Section 4 Works contracts

(1) The provision of legal services shall not be treated as a defined activity so long as it is carried out in pursuance of a works contract by a defined authority for a police authority before the date specified in relation to that police authority in Schedule 2.

(2) The provision of construction and property services shall not be treated as a defined activity so long as it is carried out in pursuance of a works contract by a defined authority for a police authority before the date specified in relation to that police authority in Schedule 3.