The Local Government Act 1988 (Defined Activities) (Housing Management) (Exemptions) (Wales) Order 1997

• Citation: S.I. 1997/934
• Sections: 6

Section 1 Citation, commencement and application

(1) This Order may be cited as the Local Government Act 1988 (Defined Activities) (Housing Management) (Exemptions) (Wales) Order 1997 and shall come into force on 18th April 1997.

(2) This Order applies only in relation to a county or county borough council in Wales.

Section 2 Interpretation

In this Order—

“ the Act ” means the Local Government Act 1988;

“the 1985 Act ” means the Housing Act 1985 ;

“ council ” means a county or county borough council in Wales ;

“house” has the same meaning as in Part II of the 1985 Act but does not include—

hostels as defined in section 622 of the 1985 Act, or

flats in relation to which the right to buy under Part V of the 1985 Act has been exercised;

“housing management work” means, in relation to a council, work of any description falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) other than work carried out under a works contract in relation to which that council were a bidding authority to which section 4 of the Act (works contracts: restrictions) applies;

“housing stock” means the number of houses provided by a council under Part II of the 1985 Act;

“relevant organisation” means a tenant management organisation within the meaning of section 27AB(8) of the 1985 Act (management agreements with tenant management organisations) ; and

“ year ” means the period of twelve months beginning with 1st April.

Section 3 Exemption in relation to housing stock

In the year starting on 1st April 1998 and in any subsequent year housing management work carried out by a council shall not be treated as a defined activity so long as, on 1st April in the immediately preceding year, the housing stock of that council is not more than 2500.

Section 4 Exemption in relation to tenant management organisations

Housing management work carried out by a council shall not be treated as a defined activity so long as each of the conditions in article 5 is fulfilled.

Section 5 The conditions

(1) The first condition is that the housing management work is being carried out in relation to houses in respect of which a council has delegated some or all of its housing management functions to a relevant organisation.

(2) The second condition is that such work is carried out by staff employed by the council who are under the direction of the committee or board of directors of the relevant organisation.

(3) The third condition is that such work is being carried out before—

(a) 1st April 2003 in the case of a council specified in Part I of Schedule 1 to this Order;

(b) 1st July 2003 in the case of the council specified in Part II of the said Schedule 1; and

(c) 1st April 2004 in the case of a council specified in Part III of the said Schedule 1.

Section 6 The conditions

The Orders specified and numbered in the first and second columns of Schedule 2 to this Order are revoked to the extent specified in the third column.