The Local Government (Direct Labour Organisations) and Local Government Act 1988 (Competition) (Miscellaneous Amendment) (England) Regulations 1997

• Citation: S.I. 1997/561
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Local Government (Direct Labour Organisations) and Local Government Act 1988 (Competition) (Miscellaneous Amendment) (England) Regulations 1997 and shall come into force on 27th March 1997.

Section 2 Amendment of Regulations: general highway works

(1) The Local Government (Direct Labour Organisations) (Competition) Regulations 1989 shall be amended in accordance with the following paragraphs of this regulation.

(2) After regulation 7 (exempted works contracts), insert—

Exempted works contracts: England

(7A)

(1) Section 7(1) of the Act shall not apply to works contracts of the following descriptions—

(a) a contract entered into 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 for the carrying out of general highway works by a local authority in England; or

(b) a contract entered into under section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) for the carrying out by a local authority in England of general highway works with respect to a trunk road or trunk road connected land.

(2) In this regulation and regulation 9A—

“trunk road” has the same meaning as in section 329 of 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.

(3) In regulation 8 (functional work), for “regulation 9” substitute “regulations 9 and 9A”.

(4) After regulation 9 (exempted functional work), insert—

Exempted functional work: England

(9A) Regulation 8 shall not apply to general highway works carried out by a local authority in England pursuant to an agreement made under—

(a) section 5 or 6 of the Highways Act 1980; or

(b) section 1 of the Local Authorities (Goods and Services) Act 1970 with respect to a trunk road or trunk road connected land.

Section 3 Amendment of Regulations: local government changes

In regulation 2(1) of the Local Government Act 1988 (Defined Activities) (Competition) (Supervision of Parking, Management of Vehicles and Security Work) (England) Regulations 1994 —

(a) in sub-paragraph (a), omit “substantial”; and

(b) after sub-paragraph (c), insert—

(ca) on or after 1st October 1999 by a local authority subject to a structural change where that structural change takes effect from 1st April 1998; or