The Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1997

• Citation: S.I. 1997/560
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1997 and shall come into force on 27th March 1997.

Section 2 Interpretation and application

(1) In this Order—

“trunk road” has the same meaning as in the Highways Act 1980 ; and

“trunk road connected land” means land which does not form part of a trunk road but which has been acquired in connection with a trunk road under section 239(2) or (4) or section 246 of that Act.

(2) This Order applies to local authorities in England only.

Section 3 Exemption of defined activities

None of the activities mentioned in section 2(2) of the Local Government Act 1988 shall be treated as a defined activity so long as the work which would (apart from this Order) fall within such an activity is carried out by a local authority pursuant to—

(a) an agreement made under section 5 (agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by the Minister) or section 6 (delegation etc. of functions with respect to trunk roads) of the Highways Act 1980; or

(b) an agreement made under section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) with respect to a trunk road or trunk road connected land.