The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Amendment Regulations 1995

Statutory Instruments

1995 No. 1972 (S.144)

LOCAL GOVERNMENT, SCOTLAND

The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Amendment Regulations 1995

Made

24th July 1995

Laid before Parliament

28th July 1995

Coming into force

20th August 1995

The Secretary of State, in exercise of the powers conferred on him by sections 6(3) 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) (Scotland) Amendment Regulations 1995 and shall come into force on 20th August 1995.

Provision regarding meaning of “cleaning of buildings”

2.—(1) The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988(2) shall be amended as follows.

(2) In regulations 3 and 5(1), for the words “Section 6” there shall be substituted in each case the words “Subject to regulation 5A below, section 6”.

(3) After regulation 5, there shall be inserted the following regulation:—

“5A.   Regulations 3 and 5 above do not apply to the defined activity falling within subsection (2)(b) of section 2 of the Act (cleaning of buildings) by reason only of article 3 of the Local Government Act 1988 (Competition) (Defined Activities) Order 1995(3).”.

George Kynoch

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House

24th July 1995

Explanatory Note

(This note is not part of the Regulations)

Under Part 1 of the Local Government Act 1988 (“the 1988 Act”), work falling within certain defined activities may (as provided in Regulations made by the Secretary of State under section 6(3) of the 1988 Act) be carried out by defined authorities after a specified date only if it has been put out to tender.

Article 3 of the Local Government Act 1988 (Competition) (Defined Activities) Order 1995 (S.I. 1995/1915) amended the defined activity of cleaning of buildings in the 1988 Act by removing the exemption contained in paragraph 2(2)(b) of Schedule 1 to that Act for work consisting of the cleaning of police buildings, except (in Scotland) buildings used by the Scottish Crime Squad. The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988 (S.I. 1988/1413) already provide a date under section 6(3) of the 1988 Act in relation to the cleaning of buildings in general. The purpose of these amendment Regulations is to make it clear that those 1988 Regulations do not extend to the cleaning of police buildings.

(1)

1988 c. 9; section 6(3) was amended by the Local Government Act 1992 (c. 19), Schedule 1, paragraph 12.

(2)

S.I. 1988/1413, to which there are no relevant amendments.

(3)

S.I. 1995/1915.