The Local Government Act 1988 (Defined Activities) (Cleaning of Police Buildings) (Exemption) (England and Wales) Order 1995

Statutory Instruments

1995 No. 2449

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Defined Activities) (Cleaning of Police Buildings) (Exemption) (England and Wales) Order 1995

Made

13th September 1995

Laid before Parliament

25th September 1995

Coming into force

1st October 1996

The Secretary of State for the Environment as respects England and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by sections 2(9) and 15(5) of the Local Government Act 1988(1), hereby make the following Order:—

Citation, commencement and interpretation

1.  This Order may be cited as the Local Government Act 1988 (Defined Activities) (Cleaning of Police Buildings) (Exemption) (England and Wales) Order 1995 and shall come into force on 1st October 1996.

Exemption of building cleaning

2.—(1) The activity falling within section 2(2)(b) of the Local Government Act 1988 shall not be treated as a defined activity so long as—

(a) it is carried out by a police authority, and

(b) the amount estimated by the police authority as the gross cost of carrying out the activity through their direct labour organisation or a similar organisation in the immediately preceding financial year does not exceed £125,000.

(2) For the purposes of this article, the cost of carrying out this activity shall be estimated as regards England in accordance with article 3(3) of the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988(2), and as regards Wales in accordance with article 3(3) of the Local Government Act 1988 (Defined Activities) (Exemptions) Wales Order 1988(3).

(3) In this article “police authority” means—

(a) a police authority constituted under section 3 of the Police Act 1964(4), and

(b) the Common Council of the City of London in its capacity as a police authority.

Signed by authority of the Secretary of State

Paul Beresford

Parliamentary Under-Secretary of State,

Department of the Environment

11th September 1995

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under-Secretary of State,

Welsh Office

13th September 1995

Explanatory Note

(This note is not part of the Order)

Under Part I of the Local Government Act 1988 (Competition) work falling within certain defined activities may be carried out by local authorities only if particular conditions are fulfilled. By virtue of section 2(2)(b) of the Act the cleaning of buildings is one such activity.

This Order exempts from the requirements of Part I the cleaning of buildings carried out by a police authority, where the authority have estimated that the cost of carrying out this activity during the preceding financial year through their direct labour or a similar organisation does not exceed £125,000.

(1)

1988 c. 9.

(2)

S.I. 1988/1372, amended by S.I. 1990/1565 and 1994/2296.

(3)

S.I. 1988/1469, amended by S.I. 1990/1499 and 1994/2296.

(4)

1964 c. 48. Section 3 is substituted by section 2 of the Police and Magistrates' Courts Act 1994 (c. 29).