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The Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988

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1.  This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 and shall come into force on 1st September 1988.

2.—(1) In this Order “the Act” means the Local Government Act 1988.

(2) This Order applies to an activity if carried out by a defined authority mentioned in section 1(1) of the Act which has functions in England or if carried out in England by a joint committee which falls to be treated as a defined authority by section 1(4) and of which at least one of the members is such an authority.

3.—(1) None of the activities mentioned in section 2(2) of the Act shall be treated as a defined activity so long as the condition mentioned in paragraph (2) is fulfilled.

(2) The condition mentioned in paragraph (1) is that the amount estimated by the authority as the gross cost of carrying out the activity in question through their direct labour organisation or a similar organisation in the immediately preceding financial year does not exceed £100,000.

(3) For the purposes of this article, the cost of carrying out any activity shall—

(a)include such proportion of the authority’s administrative expenses, other than expenses that would be incurred by the authority whether the activity were carried out by it or by another person, as is properly attributable to the carrying out of the activity;

(b)exclude the cost of any work which is treated as carried out by the authority by virtue of section 3(4) of the Act; and

(c)exclude the cost of any work which, by virtue of article 4, 5 or 6, does not fall within a defined activity.

4.  None of the activities mentioned in section 2(2) of the Act shall be treated as a defined activity so long as it constitutes work carried out through an employee who is required as a condition of his employment to live in particular accommodation for the better performance of his duties and the work forms part of his duties.

5.  The repair or maintenance of a motor vehicle or trailer shall not be treated as a defined activity where the motor vehicle or trailer is one which is used only for the discharge of a fire service function of a defined authority(1).

6.  None of the activities mentioned in section 2(2) of the Act shall be treated as a defined activity so long as it constitutes work carried out pursuant to an agreement made with the Training Commission or the Secretary of State which is an agreement made by virtue of any provision of the Employment and Training Act 1973(2), which specifies the work to be carried out by the authority and under which the Commission or the Secretary of State has agreed to pay the whole or part of the cost of the work so specified. Nicholas Ridley Secretary of State for the Environment 29th July 1988

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