Statutory Instrument 1997 No. 935

The Local Government Act 1988 (Competition) (Housing Management) (Wales) Regulations 1997

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© Crown Copyright 1997

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(a) a county or county borough council in Wales[2]; and

(b) a joint committee to which section 1(4) of the Act applies and which is appointed only by two or more councils within paragraph (a) above.

Interpretation
     2 . In these Regulations - 

"the Act" means the Local Government Act 1988;

"the cost" means the estimated total annual cost including overheads provided that those overheads are not treated by a relevant authority as forming part of the cost of - 

(a) another defined activity, or

(b) work to which Part III of the Local Government, Planning and Land Act 1980[3] applies;

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

"relevant authority" means a council or a committee to which these Regulations apply by virtue of regulation 1(2); and

"voluntary competitive tendering" means the awarding of housing management work before 18th April 1997 following a competitive process in which at least 3 persons other than defined authorities[5] were invited to tender for that work.

Application of section 6
     3 .  - (1) Subject to paragraph (2) below, section 6 of the Act (functional work: restrictions) shall apply to an amount, expressed as a sum of money, equal to ninety five per cent. of the cost of housing management work ('the relevant amount') if it is proposed to be carried out on or after - 

(a) 1st April 1998, by a relevant authority specified in Part I of the Schedule to these Regulations;

(b) 1st July 1998, by the relevant authority specified in Part II of the said Schedule; and

(c) 1st April 1999, by a relevant authority specified in [a]Part III of the said Schedule.

    (2) Where housing management work is being carried out by a relevant authority in consequence of voluntary competitive tendering, then, for the period ending on 17th April 2002 or 5 years after that work was awarded, whichever is shorter, the relevant amount shall be reduced in relation to that authority by an amount equal to the cost of that work which is being carried out by that authority.



Signed by authority of the Secretary of State for Wales

Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office

17th March 1997

[2] See the meaning of local authority, in relation to Wales, in section 1(2A) of the Act, inserted by the Local Government Reorganisation (Wales) (Consequential Amendments) Order 1995 (S.I. 1995/115), for the reference to `county council' and `county borough council' back

[3] 1980 c. 65. back

[4] Section 2(2)(h) was inserted by the Local Government Act 1988 (Competition) (Defined Activities) (Housing Management) Order 1994 (S.I. 1994/1671). back

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