The Local Government Act 1988 (Defined Activities) (Exemption) (Walsall Metropolitan Borough Council) Order 1998

Statutory Instruments

1998 No. 1434

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Defined Activities) (Exemption) (Walsall Metropolitan Borough Council) Order 1998

Made

9th June 1998

Laid before Parliament

17th June 1998

Coming into force

8th July 1998

The Secretary of State, in exercise of the powers conferred on him by sections 2(9) and 15(5) of the Local Government Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Walsall Metropolitan Borough Council) Order 1998 and shall come into force on 8th July 1998.

Exemption of activities carried out by Walsall Metropolitan Borough Council

2.—(1) The following activities carried out by the council of the metropolitan borough of Walsall shall not be treated as defined activities so long as they are carried out in that authority’s area during the period beginning with 8th July 1998 and ending on 31st March 2001:

• collection of refuse(2);

• other cleaning(3);

• catering for purposes of schools and welfare(4);

• maintenance of ground(5);

• repair and maintenance of vehicles(6); and

• housing management(7).

(2) The other catering(8) work of that authority shall not be treated as a defined activity so long as it is carried out in that authority’s area during the period beginning with 8th July 1998 and ending on 15th April 1999.

Signed by authority of the Secretary of State

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

9th June 1998

Explanatory Note

(This note is not part of the Order)

Under Part I of the Local Government Act 1988 (competition), work falling within certain defined activities may be carried out by local authorities only if particular conditions are fulfilled.

Article 2(1) of this Order exempts from the requirements of Part I the collection of refuse, other cleaning, catering for purposes of schools and welfare, maintenance of ground and repair and maintenance of vehicles, and housing management work of Walsall Metropolitan Borough Council, so long as that work is carried out in their area during the period beginning with the date on which this Order comes into force and ending on 31st March 2001, and article 2(2) exempts the other catering work of that authority so long as it is carried out during the period beginning with 8th July 1998 and ending on 15th April 1999.

(1)

1988 c. 9.

(2)

See section 2(2)(a) of, and paragraph 1 of Schedule 1 to, the Local Government Act 1988.

(3)

See section 2(2)(c) of, and paragraph 3 of Schedule 1 to, the Local Government Act 1988.

(4)

See section 2(2)(d) of, and paragraph 4 of Schedule 1 to, the Local Government Act 1988.

(5)

See section 2(2)(f) of, and paragraph 6 of Schedule 1 to, the Local Government Act 1988.

(6)

See section 2(2)(g) of, and paragraph 7 of Schedule 1 to, the Local Government Act 1988. Subs. (2)(g) was substituted by S.I. 1994/2884.

(7)

See section 2(2)(h) of, and paragraph 9 of Schedule 1 to, the Local Government Act 1988, which were added by article 2 of S.I. 1994/1671; additional words were inserted into paragraph 9 by paragraph 4 of the Schedule to S.I. 1997/74.

(8)

See section 2(2)(e) of, and paragraph 5 of Schedule 1 to, the Local Government Act 1988.