Statutory Instruments
1989 No. 2488
LOCAL GOVERNMENT, ENGLAND AND WALES
LOCAL GOVERNMENT, SCOTLAND
The Local Government Act 1988 (Competition in Sports and Leisure Facilities) Order 1989
Approved by both Houses of Parliament
Made
21st December 1989
Coming into force
28th December 1989
The Secretary of State for the Environment as respects England, the Secretary of State for Wales as respects Wales and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred by sections 2(3), 15(7) and 15(8) of the Local Government Act 1988(1) and all other powers enabling them in that behalf, and after consulting such representatives of local government as appear to them to be appropriate, hereby, in the form of a draft which has been laid before Parliament and approved by resolution of each House of Parliament, make the following Order:
Citation and commencement
1. This Order may be cited as the Local Government Act 1988 (Competition in Sports and Leisure Facilities) Order 1989 and shall come into force on the seventh day after the date on which it is approved by resolution of each House of Parliament.
Managing sports and leisure facilities to be a defined activity
2.—(1) In section 2(2) of the Local Government Act 1988 after paragraph (e) there shall be inserted—
“(ee)managing sports and leisure facilities;”.
(2) In Schedule 1 (Competition) to that Act, at the end, there shall be added—
“Managing sports and leisure facilities
8.—(1) Subject to sub-paragraphs (2) and (3), managing any of the following facilities, including any of those facilities provided in sports centres or leisure centres or on other premises where facilities not mentioned in this sub-paragraph are also provided, falls within section 2(2)(ee) above—
(a)swimming pools, skating rinks, gymnasia;
(b)tennis courts, squash courts, badminton courts, pitches for team games, athletics grounds;
(c)tracks and centres for bicycles (whether motorised or not), golf courses, putting greens, bowling greens, bowling centres, bowling alleys;
(d)riding centres, courses for horse racing, artificial ski slopes, centres for flying, ballooning or parachuting, and centres for boating or water sports on inland or coastal waters.
(2) Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above if the facilities are provided—
(a)on premises not predominantly used for sport or physical recreation;
(b)on premises occupied by educational institutions.
(3) Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above—
(a)if that facility is provided—
(i)in England or Wales under section 53 of the Education Act 1944(2) (whether or not also provided under section 41 of that Act) and whether or not also provided under section 19 of the Local Government (Miscellaneous Provisions) Act 1976(3); or
(ii)in Scotland under section 6 or 17 of the Education (Scotland) Act 1980(4), whether or not also provided under section 15(2) of the Local Government and Planning (Scotland) Act 1982(5); and
(b)(i)where the facility is on premises on which no other facility described in sub-paragraph (1) is provided, if educational institutions have used it exclusively in the immediately preceding financial year for more than 600 hours; or
(ii)where the facility is on premises on which two or more of the facilities described in sub-paragraph (1) are provided, if educational institutions have used exclusively in the immediately preceding financial year facilities of at least half of the descriptions provided (whether concurrently or at different times) and the aggregate periods of their exclusive use in that year of the facilities so described exceeds 600 hours.
(4) For the purposes of sub-paragraph (1), without prejudice to the generality of the term, “managing” includes arranging—
(a)for instruction in the sport or other physical recreational activity provided;
(b)for supervision of the sport or activity;
(c)catering;
(d)the hiring out of equipment for use at the facility;
(e)the marketing and promotion of the facility;
(f)the taking of bookings;
(g)the collection of, and accounting for, fees and charges;
(h)the physical security of the premises;
(j)he cleaning and proper maintenance of the facility other than the external parts of buildings;
and also includes assuming responsibility for heating, lighting and other service charges in relation to the facility.
(5) In this paragraph, “educational institutions”—
in England and Wales, means schools which are county or voluntary schools, or special schools, maintained by the local education authority; and institutions for the provision of higher or further education, or both, which are either maintained by the local education authority or are substantially dependent for their maintenance on assistance from the local education authority; and
in Scotland means public schools, or special schools, under the management of the education authority and any other institutions provided and maintained by the education authority for the provision of further education; and
in England, Wales and Scotland, for the purposes of sub-paragraph (2)(b) only, includes nursery schools.”.
Managing Sports and Leisure facilities: works contracts
3. Sections 4 and 5 of the Local Government Act 1988 shall have effect in respect of works contracts to carry out managing sports and leisure facilities as if for the date “1st April 1989” wherever occurring in those sections there were substituted “1st October 1991”.
Signed by authority of the Secretary of State for the Environment
Lord Hesketh
Parliamentary Under Secretary of State
Department of the Environment
21st December 1989
Peter Walker
Secretary of State for Wales
21st December 1989
Malcolm Rifkind
Secretary of State for Scotland
21st December 1989
Explanatory Note
(This note is not part of the Order)
This Order extends the activities which must be put out to tender by local authorities under the Local Government Act 1988. The activities include managing facilities for sports and leisure but do not include educational facilities, or facilities such as village halls and community centres not used predominantly for sports. The Order adds a new defined activity of “managing sports and leisure facilities” to section 2(2) of the Local Government Act 1988. It also adds a new paragraph 8 to Schedule 1 of the Act setting out a definition of the activity. It brings the requirements of sections 4 and 5 of the 1988 Act into effect in respect of works contracts for managing sports and leisure facilities from 1st October 1991.
1944 c. 31. Section 53 was amended by sections 2 and 11 of and Schedules 1 and 2 to the Education (Miscellaneous Provisions) Act 1948 (c. 40), section 1 of and the first Schedule to the Statute Law Revision Act 1950 (c. 6), section 38(6) and Schedule 7 to the Education Act 1980 (c. 20) and section 237 and paragraph 54 of Schedule 12 to the Education Reform Act 1988 (c. 40); section 41 was substituted by section 120(2) of the Education Reform Act 1988.