Exemption

3.  Where—

(a)by virtue of article 3 of the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988(1) the activity to which this Order applies was not, in the case of the authority in question, treated as a defined activity in the financial year ending on 31 March 1991; and

(b)that activity would, but for this Order, be treated as a defined activity in the case of that authority on 1st April 1991,

that activity shall not be treated as a defined activity so long as it is carried out before 1st August 1991.