Statutory Instrument 1988 No. 1413 (S.130)

The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988

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1988 No. 1413 (S.130)

LOCAL GOVERNMENT, SCOTLAND

The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988

The Secretary of State, in exercise of the powers conferred on him by sections 6(3) and (4) and 15(6) of the Local Government Act 1988 ^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and extent
    1.    These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988, shall come into force on 1st September 1988 and shall apply to Scotland only.

Interpretation
    2.    In these Regulations—
"the Act" means the Local Government Act 1988;


"local authority" means a regional, islands or district council but does not include a joint committee or joint board within the meaning of section 235 of the Local Government (Scotland) Act 1973 ^[2];


"specified authority" means a joint committee or joint board within the meaning of section 235 of the Local Government (Scotland) Act 1973, a development corporation established for the purposes of a new town or a water development board;


"work" does not include work carried out elsewhere than in Scotland.

Application of section 6
    3.    Section 6 of the Act shall apply to functional work of any description falling within any defined activity mentioned in section 2(2)(a) to (e) and (g) of the Act if it is proposed to be carried out on or after 1st August 1989 by a specified authority.

    4.—(1)  Section 6 of the Act shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(f) (maintenance of ground) if it is to be carried out on or after 1st January 1994 by a specified authority or a local authority.

    (2)  Where any specified authority or local authority proposes to carry out functional work of any description falling within the defined activity mentioned in paragraph (1) above in any of the calendar years 1990 to 1993, section 6 shall apply in each of those years to only such part of the work as is estimated by the specified authority or local authority to equal in value the percentage of the value of earlier work specified in relation to that year—

1990	20%	r>	1991	40%
1992	60%
1993	80%



    (3)  For the purposes of paragraph (2) above

"earlier work" means work falling within the defined activity mentioned in section 2(2)(f) of the Act and carried out or treated as carried out by or for the specified authority or local authority in the financial year ending nine months before the beginning of the calendar year in question; and


"value" means in relation to earlier work the gross amount estimated by the specified authority or local authority as the cost of that work.

    5.—(1)  Section 6 of the Act shall apply in accordance with this regulation as respects functional work of any description if carried out by a local authority named in any of the groups in Schedule 1 hereto.

    (2)  In the case of functional work falling within a defined activity mentioned in the heading of each of the columns numbered 2 to 7 of Schedule 2 hereto, section 6 shall apply if the work is carried out by a local authority on or after the date specified in column 1 of that Schedule in relation to that activity and to the group in Schedule 1 hereto in which the local authority in question is included.

    6.    Where a specified authority or a local authority propose to carry out functional work of any description which falls within a defined activity (whether or not by virtue of section 2(5) or (7) of the Act) and to which section 6 of the Act would not otherwise apply, it shall (if the authority so decide) be treated as work to which section 6 applies.

Ian Lang

Minister of State, Scottish Office
St Andrew's House, Edinburgh

8th August 1988

[1] 1988 c. 9 back

[2] 1973 c. 65 back

Explanatory Note