Statutory Instrument 1988 No. 1468

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

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© Crown Copyright 1988

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1988 No. 1468

LOCAL GOVERNMENT, ENGLAND AND WALES

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

The Secretary of State for Wales, 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 and commencement
    1.    These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (Wales) Regulations 1988 and shall come into force on 9th September 1988.

    2.    In these Regulations -

"the Act" means the Local Government Act 1988;

"county police authority" means a police authority constituted under section 2 of the Police Act 1964^[2]

"specified authority" means:-
 (i) any body in Wales mentioned in section 1(1)(a), (b), (e) and (j) of the Act which is, or is treated as, a defined authority for the purposes of Part I of the Act.
 (ii) any joint committee which falls to be treated as a defined authority by section 1(4) of the Act and of which at least one of the members is an authority which is a specified authority by virtue of sub-paragraph (i) above.

Application of Section 6
    3.—(1)  Section 6 of the Act shall apply to functional work of any description falling within any defined activity other than the maintenance of ground if the work is proposed to be carried out on or after 1st August 1989 by any specified authority other than a local authority or a county police authority.

    (2)  Section 6 shall apply to functional work mentioned in paragraph (1) if it is proposed to be carried out on or after 1st August 1990 by a community council.

    (3)  Section 6 shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(a) (collection of refuse) if it is proposed to be carried out by a county council on or after 1st August 1989.

    (4)  Section 6 shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(d) (catering for purposes of schools and welfare) if it is proposed to be carried out by a district council on or after 1st August 1989.

    4.—(1)  Section 6 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 proposed to be carried out -
 (a) on or after 1st January 1990 by a community council, or any other specified authority which is neither a local authority, nor a county police authority;
 (b) on or after 1st January 1994 by any specified authority.

    (2)  Where any specified authority other than one mentioned in sub-paragraph (a) of paragraph (1) proposes to carry out functional work of any description falling within the defined activity mentioned in that paragraph in any of the calendar years 1990 to 1993, section 6 shall apply in each of those years to such part of that work as is estimated by the authority to equal in value the percentage of the value of earlier work specified below in relation to that year.

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



    (3)  For the purposes of paragraph (2) -
"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 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 authority as the cost of that work.

    5.—(1)  Section 6 shall apply to functional work falling within a defined activity mentioned in section 2(2)(a) to (e) and (g) of the Act and listed in columns 2 to 7 of the Schedule if it is proposed to be carried out on or after the date specified in relation to that activity in column 1 of the Schedule by the numbered group so specified.

    (2)  The reference in paragraph (1) to a numbered group is a reference to all of the authorities listed in the Schedule as members of the group bearing that number in that Schedule.

    (3)  This regulation shall apply to a county police authority as if it were a member of the same numbered group as the county council.

    6.    Where a defined authority propose to carry out functional work of any description which falls within a defined activity (whether or not by virtue of sections 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.

Peter Walker

Secretary of State for Wales

12th August 1988

[1] 1988 c. 9. back

[2] 1964 c. 48; section 2 was amended by the Courts Act 1971 (c. 23), section 53(5); the Local Government Act 1972 (c. 70), section 196(1) and (2) and Schedule 30; and the Local Government Act 1985 (c. 51), Schedule 11, paragraph 1(2) and (3), and Schedule 17. back

Explanatory Note