Statutory Instrument 1997 No. 124

The Local Government Act 1988 (Security Work) (Exemption) (Wales) Order 1997

---

© Crown Copyright 1997

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Local Government Act 1988 (Security Work) (Exemption) (Wales) Order 1997 , ISBN 0 11 063843 3. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(a) a local authority[3];

(b) a combined fire authority;

(c) a National Park authority[4]; and

(d) a joint committee which falls to be treated as a defined authority by section 1(4) of the Act and which is appointed only by two or more defined authorities within paragraphs (a), (b) or (c) above.

Exemption in relation to a controlled place
     2 .  - (1) Security work[5] shall not be treated as a defined activity so long as it is carried out by a defined authority through an employee - 

(a) whose work may involve the exercise of a power, conferred by a relevant enactment, to take action to deal with a breach of that enactment in a controlled place, where that power cannot be exercised by anyone other than an employee of the defined authority or a constable, and

(b) at least 80 per cent. of whose working time is occupied carrying out security work at a controlled place.

    (2) In this article - 

(a) "controlled place" means any airport, burial ground, common, country park, educational premises, harbour, housing amenity land, market, open space, park, picnic site, pleasure ground, port, recreation ground or road playground; and

     "relevant enactment" means section 40 of the Local Government (Miscellaneous Provisions) Act 1982[6], a local Act, or byelaws made under or by virtue of a power in any general or local Act.

(b) in the immediately preceding sub-paragraph (a), in the definition of "controlled place", - 

     "airport" has the same meaning as in section 82(1) of the Airports Act 1986[7];

     "burial ground" has the same meaning as in section 20 of the Open Spaces Act 1906[8];

     "common" has the same meaning as in section 15 of the Commons Act 1899[9];

     "country park" means a country park provided under section 7 of the Countryside Act 1968[10];

     "educational premises" means any premises to which section 40 of the Local Government (Miscellaneous Provisions) Act 1982 applies;

     "housing amenity land" means land in relation to which byelaws may be made, by virtue of section 23(2) of the Housing Act 1985[11];

     "open space" has the same meaning as in section 20 of the Open Spaces Act 1906;

     "picnic site" means a picnic site provided under section 10(2) of the Countryside Act 1968;

     "pleasure ground" means any land held under section 164 of the Public Health Act 1875[12]; and

     "road playground" means a road in relation to which an order has been made under section 29 of the Road Traffic Regulation Act 1984[13].

Exemption in relation to a court-house
     3 . Security work shall not be treated as a defined activity so long as the work is carried out by a defined authority in relation to a court-house.



Signed by authority of the Secretary of State for Wales

Gwilym Jones
Parliamentary Under Secretary of State Welsh Office

28th January 1997

[2] For the meaning of defined authority, see section 1 of the 1988 Act. back

[3] For the meaning of local authority, see section 1(2A) of the 1988 Act which was inserted by the Local Government Reorganisation (Wales) (Consequential Amendments) Order 1995 (S.I. 1995/115). back

[4] See section 1(1)(aa) of the 1988 Act which was inserted by paragraph 8(2) of Schedule 8 to the Environment Act 1995 (c.25). back

[5] Security work is a defined activity by virtue of the Local Government Act 1988 (Competition) (Defined Activities) Order 1994 (S.I. 1994/2884). back

[6] 1982 c.30. Section 40 was amended by section 46 of the Criminal Justice Act 1982 (c.48) and paragraph 55 of Schedule 37 to the Education Act 1996 (c.56). back

[7] 1986 c.31. back

[8] 1906 c.25 (6 Edw 7). back

[9] 1899 c.30 (62 & 63 Vict). back

[10] 1968 c.41. back

[11] 1985 c.68. back

[12] 1875 c.55 (38 & 39 Vict). back

[13] 1984 c.7. Section 29 was substituted by paragraph 37 of Schedule 8 to the New Roads and Street Works Act 1991 (c.22). back