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

Statutory Instruments

1988 No. 1371

LOCAL GOVERNMENT, ENGLAND AND WALES

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

Made

29th July 1988

Laid before Parliament

8th August 1988

Coming into force

1st September 1988

The Secretary of State for the Environment, 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) (England) Regulations 1988 and shall come into force on 1st September 1988.

Interpretation

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 defined authority which has functions in England other than—

(a)

a development corporation established for the purposes of a new town;

(b)

the Commission for the New Towns; or

(c)

the Inner London Education Authority; and

(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;

“work” does not include work carried out elsewhere than in England.

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—

(a) the Council of the Isles of Scilly; or

(b) any other 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 parish 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 on or after 1st August 1989 by a county council.

(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 on or after 1st August 1989 by a district council other than a metropolitan district council.

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 the Council of the Isles of Scilly, a parish 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 in accordance with this regulation as respects functional work of any description if carried out by an authority named in Schedule I hereto.

(2) In the case of work falling within a defined activity mentioned in column 1 of Schedule 2, section 6 shall apply if the work is carried out by a non metropolitan district council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included.

(3) In the case of work falling within a defined activity mentioned in column 1 of Schedule 3, section 6 shall apply if the work is carried out by a county council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included.

(4) In the case of work falling within a defined activity mentioned in column 1 of Schedule 4, section 6 shall apply if the work is carried out by a London borough or metropolitan district council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included.

(5) This regulation shall apply—

(a) to a county police authority as if it were a member of the same numbered group as the county council for its area; and

(b) to the Common Council of the City of London (whether in its capacity as local authority or police authority) as if it were a London borough council in the group numbered 1.

6.  Where a specified 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.

Nicholas Ridley

Secretary of State for the Environment

29th July 1988

Regulation 5(1)

SCHEDULE 1 GROUPS OF LOCAL AUTHORITIES

GROUP 1

COUNTY COUNCILS

• Avon

• Cheshire

• Devon

• Gloucestershire

• Isle of Wight

• Norfolk

• Oxfordshire

• Surrey

LONDON BOROUGH COUNCILS

• Barking and Dagenham

• Hammersmith and Fulham

• Islington

• Newham

• Waltham Forest

METROPOLITAN DISTRICT COUNCILS

• Barnsley

• Coventry

• Leeds

• Rochdale

• Solihull

• Trafford

NON-METROPOLITAN DISTRICT COUNCILS

• Adur

• Ashfield

• Basildon

• Beverley

• Bolsover

• Braintree

• Bristol

• Burnley

• Carlisle

• Chelmsford

• Chesterfield

• Cleethorpes

• Cotswold

• Darlington

• Derwentside

• East Devon

• East Staffordshire

• Ellesmere Port and Neston

• Exeter

• Fylde

• Gosport

• Halton

• Hart

• Hertsmere

• Hove

• Kerrier

• Lancaster

• Lichfield

• Maldon

• Mendip

• Middlesbrough

• Newbury

• North Dorset

• North Shropshire

• Northavon

• Oswestry

• Plymouth

• Reading

• Richmondshire

• Rugby

• Ryedale

• Sedgemoor

• Slough

• South Hams

• South Norfolk

• South Somerset

• Spelthorne

• Stevenage

• Suffolk Coastal

• Taunton Deane

• Tewkesbury

• Tonbridge and Malling

• Uttlesford

• Warrington

• Wealden

• West Dorset

• West Wiltshire

• Woking

• Wrekin

• York

GROUP 2

COUNTY COUNCILS

• Bedfordshire

• Cleveland

• Dorset

• Hampshire

• Kent

• Northamptonshire

• Shropshire

• Warwickshire

LONDON BOROUGH COUNCILS

• Barnet

• Croydon

• Haringey

• Kensington & Chelsea

• Redbridge

• Wandsworth

METROPOLITAN DISTRICT COUNCILS

• Birmingham

• Doncaster

• Liverpool

• Rotherham

• South Tyneside

• Wakefield

NON-METROPOLITAN DISTRICT COUNCILS

• Allerdale

• Ashford

• Basingstoke and Deane

• Blaby

• Boothferry

• Breckland

• Broadland

• Cambridge

• Carrick

• Cheltenham

• Chichester

• Colchester

• Craven

• Dartford

• Dover

• East Hampshire

• East Yorkshire

• Elmbridge

• Fareham

• Gedling

• Gravesham

• Hambleton

• Hartlepool

• High Peak

• Huntingdonshire

• Kettering

• Langbaurgh-on-Tees

• Lincoln

• Malvern Hills

• Mid Bedfordshire

• Milton Keynes

• Newcastle-under-Lyme

• North East Derbyshire

• North Warwickshire

• Norwich

• Oxford

• Poole

• Redditch

• Rochester upon Medway

• Runnymede

• Salisbury

• Selby

• South Bedfordshire

• South Herefordshire

• South Northamptonshire

• South Staffordshire

• St. Albans

• Stockton-on-Tees

• Surrey Heath

• Teesdale

• Thamesdown

• Torbay

• Vale Royal

• Warwick

• Wear Valley

• West Lancashire

• Weymouth and Portland

• Wokingham

• Wychavon

GROUP 3

COUNTY COUNCILS

• Berkshire

• Cornwall

• Durham

• Hereford and Worcester

• Lancashire

• Northumberland

• Somerset

• West Sussex

LONDON BOROUGH COUNCILS

• Bexley

• Ealing

• Harrow

• Kingston-upon-Thames

• Richmond-upon-Thames

• Westminster

METROPOLITAN DISTRICT COUNCILS

• Bolton

• Dudley

• Manchester

• Salford

• St. Helens

• Walsall

NON-METROPOLITAN DISTRICT COUNCILS

• Alnwick

• Aylesbury Vale

• Bassetlaw

• Blackburn

• Boston

• Brentwood

• Bromsgrove

• Cannock Chase

• Castle Morpeth

• Cherwell

• Chiltern

• Congleton

• Crawley

• Daventry

• Durham

• East Dorset

• East Hertfordshire

• Eastbourne

• Epping Forest

• Fenland

• Gillingham

• Great Grimsby

• Harborough

• Hastings

• Hinckley and Bosworth

• Hyndburn

• King’s Lynn and West Norfolk

• Leicester

• Luton

• Mansfield

• Mid Devon

• Mole Valley

• North Bedfordshire

• North Hertfordshire

• North West Leicestershire

• Nottingham

• Pendle

• Portsmouth

• Reigate and Banstead

• Rochford

• Rushcliffe

• Scarborough

• Sevenoaks

• South Bucks

• South Holland

• South Oxfordshire

• South Wight

• St. Edmundsbury

• Stoke-on-Trent

• Swale

• Teignbridge

• Thanet

• Torridge

• Vale of White Horse

• Watford

• Wellingborough

• West Lindsey

• Woodspring

• Wycombe

GROUP 4

COUNTY COUNCILS

• Buckinghamshire

• Cumbria

• East Sussex

• Hertfordshire

• Leicestershire

• North Yorkshire Staffordshire Wiltshire

LONDON BOROUGH COUNCILS

• Brent

• Enfield

• Havering

• Lambeth

• Southwark

METROPOLITAN DISTRICT COUNCILS

• Bradford

• Gateshead

• Newcastle-upon-Tyne

• Sandwell

• Stockport

• Wigan

NON-METROPOLITAN DISTRICT COUNCILS

• Amber Valley

• Babergh

• Bath

• Blackpool

• Bournemouth

• Bridgnorth

• Broxbourne

• Canterbury

• Castle Point

• Chester

• Chorley

• Copeland

• Crewe and Nantwich

• Derby

• Easington

• East Lindsey

• Eastleigh

• Epsom and Ewell

• Forest Heath

• Glanford

• Great Yarmouth

• Harlow

• Havant

• Holderness

• Ipswich

• Kingston upon Hull

• Leominster

• Macclesfield

• Medina

• Mid Suffolk

• New Forest

• North Cornwall

• North Kesteven

• North Wiltshire

• Nuneaton and Bedworth

• Penwith

• Preston

• Restormel

• Rossendale

• Rushmoor

• Scunthorpe

• Shepway

• South Cambridgeshire

• South Kesteven

• South Ribble

• Southampton

• Stafford

• Stratford on Avon

• Tamworth

• Tendring

• Three Rivers

• Tunbridge Wells

• Wansbeck

• Waveney

• Welwyn Hatfield

• West Oxfordshire

• Winchester

• Worcester

• Wyre

GROUP 5

COUNTY COUNCILS

• Cambridgeshire

• Derbyshire

• Essex

• Humberside

• Lincolnshire

• Nottinghamshire Suffolk

LONDON BOROUGH COUNCILS

• Bromley

• Greenwich

• Hillingdon

• Lewisham

• Sutton

METROPOLITAN DISTRICT COUNCILS

• Bury

• Kirklees

• North Tyneside

• Sefton

• Sunderland

• Wirral

NON-METROPOLITAN DISTRICT COUNCILS

• Arun

• Barrow in Furness

• Berwick-upon-Tweed

• Blyth Valley

• Bracknell Forest

• Brighton

• Broxtowe

• Caradon

• Charnwood

• Chester-le-Street

• Christchurch

• Corby

• Dacorum

• Derbyshire Dales

• East Cambridgeshire

• East Northamptonshire

• Eden

• Erewash

• Forest of Dean

• Gloucester

• Guildford

• Harrogate

• Hereford

• Horsham

• Kennet

• Kingswood

• Lewes

• Maidstone

• Melton

• Mid Sussex

• Newark & Sherwood

• North Devon

• North Norfolk

• Northampton

• Oadby and Wigston

• Peterborough

• Purbeck

• Ribble Valley

• Rother

• Rutland

• Sedgefield

• Shrewsbury and Atcham

• South Derbyshire

• South Lakeland

• South Shropshire

• Southend-on-Sea

• Staffordshire Moorlands

• Stroud

• Tandridge

• Test Valley

• Thurrock

• Tynedale

• Wansdyke

• Waverley

• West Devon

• West Somerset

• Windsor and Maidenhead

• Worthing

• Wyre Forest

GROUP 6

METROPOLITAN DISTRICT COUNCILS

• Calderdale

• Knowsley

• Oldham

• Sheffield

• Tameside

• Wolverhampton

LONDON BOROUGH COUNCILS

• Camden

• Hackney

• Hounslow

• Merton

• Tower Hamlets

Regulation 5(2)

SCHEDULE 2

COMPETITION BY ACTIVITY AND DATE: NON-METROPOLITAN DISTRICT COUNCILS

(1)	(2)	(3)	(4)	(5)	(6)
Defined activity	Group 1	Group 2	Group 3	Group 4	Group 5
Collection of refuse	1st August 1991	1st January 1991	1st August 1990	1st January 1990	1st August 1989
Cleaning of buildings	1st January 1990	1st August 1989	1st August 1991	1st January 1991	1st August 1990
Other cleaning	1st August 1989	1st August 1991	1st January 1991	1st August 1990	1st January 1990
Other catering	1st August 1990	1st January 1990	1st August 1989	1st August 1991	1st January 1991
Repair and maintenance of vehicles	1st January 1991	1st August 1990	1st January 1990	1st August 1989	1st August 1991

Regulation 5(3)

SCHEDULE 3

COMPETITION BY ACTIVITY AND DATE: COUNTY COUNCILS

(1)	(2)	(3)	(4)	(5)	(6)
Defined activity	Group 1	Group 2	Group 3	Group 4	Group 5
Cleaning of buildings	1st August 1989	1st August 1991	1st January 1991	1st August 1990	1st January 1990
Other cleaning	1st August 1991	1st January 1991	1st August 1990	1st January 1990	1st August 1989
Catering for purposes of schools and welfare	1st August 1990	1st January 1990	1st August 1989	1st August 1991	1st January 1991
Other catering	1st January 1990	1st August 1989	1st August 1991	1st January 1991	1st August 1990
Repair and maintenance of vehicles	1st January 1991	1st August 1990	1st January 1990	1st August 1989	1st August 1991

Regulation 5(4)

SCHEDULE 4

COMPETITION BY ACTIVITY AND DATE: LONDON BOROUGH AND METROPOLITAN DISTRICT COUNCILS

(1)	(2)	(3)	(4)	(5)	(6)	(7)
Defined activity	Group 1	Group 2	Group 3	Group 4	Group 5	Group 6
Collection of refuse	1st January 1992	1st August 1991	1st January 1991	1st August 1990	1st January 1990	1st August 1989
Cleaning of buildings	1st January 1990	1st August 1989	1st January 1992	1st August 1991	1st January 1991	1st August 1990
Other cleaning	1st August 1989	1st January 1992	1st August 1991	1st January 1991	1st August 1990	1st January 1990
Catering for purposes of schools and welfare	1st January 1991	1st August 1990	1st January 1990	1st August 1989	1st January 1992	1st August 1991
Other catering	1st August 1990	1st January 1990	1st August 1989	1st January 1992	1st August 1991	1st January 1991
Repair and maintenance of vehicles	1st August 1991	1st January 1991	1st August 1990	1st January 1990	1st August 1989	1st January 1992

Explanatory Note

(This note is not part of the Regulations)

Section 6(3) of the Local Government Act 1988 enables the Secretary of State to require that an authority mentioned in section 1(1) of the Act (a defined authority) may only carry out functional work falling within an activity listed in section 2(2) of the Act (a defined activity) after subjecting the work to competition. These Regulations exclude the Inner London Education Authority, new town development corporations and the Commission for the New Towns from the competition requirements and specify the dates from which and the circumstances in which other defined authorities (“specified authorities”) in England may not carry out functional work without first exposing it to competition.

If they wish to carry out the work on or after 1st August 1989, the Council of the Isles of Scilly and all other specified authorities (with the exception of other local authorities and county police authorities) are required to compete for work falling within any defined activity other than ground maintenance; all county councils are required to compete for refuse collection; and all non-metropolitan district councils are required to compete for school and welfare catering. Parish and community councils are required to compete for work falling within any defined activity other than ground maintenance where they wish to carry out the work on or after 1st August 1990 (regulation 3).

If they wish to carry out ground maintenance work on or after 1st January 1990, the Council of the Isles of Scilly, all parish and community councils and all other specified authorities are required to compete for it. Other specified authorities who wish to carry out such work between 1st January 1990 and 1st January 1994 are required to subject varying percentages to competition (regulation 4).

All other work is to be competed for by the groups of authorities listed in Schedule 1, county police authorities and the Common Council of the City of London in accordance with the timetables set out in Schedules 2 to 4 (regulation 5).

If any specified authority wishes to carry out work falling within a defined activity but for which competition is not required, it may treat that work as if the competition requirements applied to it (regulation 6).

(1)

1988 c. 9.

(2)

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