Local Government Act 1988 (Defined Activities) (Specified Periods) (England) Regulations 1995

Statutory Instruments

1995 No. 2484

LOCAL GOVERNMENT, ENGLAND AND WALES

Local Government Act 1988 (Defined Activities) (Specified Periods) (England) Regulations 1995

Made

22nd September 1995

Laid before Parliament

28th September 1995

Coming into force

19th October 1995

The Secretary of State for the Environment in exercise of the powers conferred by sections 8(1) and 15(6) of the Local Government Act 1988(1) and 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) (Specified Periods) (England) Regulations 1995 and shall come into force on 19th October 1995.

Interpretation

2.  In these Regulations—

• “1988 Act”means the Local Government Act 1988; and

• “educational establishment”means a county school, a voluntary controlled school, a voluntary aided school, a special agreement school, a special school, a nursery school or a pupil referral unit within the meaning of the Education Act 1944 and the Education Act 1993.(2)

Application

3.  These Regulations apply only to work which is proposed to be carried out in England on or after 19th October 1995 and shall not apply to work for which a notice including a statement of the period during which the work is to be carried out has been published in accordance with the requirements of section 7 of the 1988 Act on or before that date.

Disapplication of previous regulations

4.  The Local Government Act 1988 (Defined Activities) (Specified Periods) (England) Regulations 1988,(3) the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1990(4) and the Local Government Act 1988 (Defined Activities) (Specified Periods) (Inner London) Regulations 1990(5) shall not apply to work to which these Regulations apply.

Specified periods

5.—(1) The second condition, set out in section 7(3) of the 1988 Act, shall not be treated as fulfilled as respects work undertaken under an arrangement which comprises an activity mentioned in the first column of Part I of the Schedule, all or part of which is undertaken at or in connection with an educational establishment, if the period stated in the detailed specification by virtue of section 7(3)(c) is less than the period mentioned in the second column of that Part or exceeds the period mentioned in the third column.

(2) The said condition shall not be treated as fulfilled as respects work undertaken under an arrangement which comprises an activity mentioned in the first column of Part II of the Schedule, and which does not involve work at or in connection with an educational establishment, if the period so stated is less than the period mentioned in the second column of that Part or exceeds the period mentioned in the third column.

(3) Where an authority estimates that the hours of work to be undertaken at or in connection with an educational establishment are less than 40% of the total number of hours of work required in respect of the relevant arrangement, paragraph (2) shall apply to the work undertaken under that arrangement.

Signed by authority of the Secretary of State

Paul Beresford

Parliamentary Under-Secretary of State,

Department of the Environment

22nd September 1995

Regulation 5

SCHEDULE SPECIFIED PERIODS

PART I WORK RELATED WHOLLY OR MAINLY TO EDUCATIONAL ESTABLISHMENTS

Activity	Minimum period years	Maximum period years
(1)	(2)	(3)
Collection of refuse	6	10
Cleaning of buildings	3	4
Other cleaning	5	10
Catering for purposes of schools and welfare	4	5
Other catering	4	6
Maintenance of ground	3	4
Repair and maintenance of vehicles	4	6
Managing sports and leisure facilities
4	6

PART II WORK NOT RELATED WHOLLY OR MAINLY TO EDUCATIONAL ESTABLISHMENTS

Activity	Minimum period years	Maximum period years
(1)	(2)	(3)
Collection of refuse	6	10
Cleaning of buildings	4	6
Other cleaning	5	10
Catering for purposes of schools and welfare	4	6
Other catering	4	6
Maintenance of ground	5	7
Repair and maintenance of vehicles	5	7
Managing sports and leisure facilities
5	10

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify new minimum and maximum periods for which authorities may invite offers to carry out work in respect of some of those activities which must be open to competition under Part I of the Local Government Act 1988.

The Regulations make different provision in respect of work all or the majority of which is undertaken at or connected with educational establishments, and work which is not undertaken at those establishments or does not substantially involve such work.

(1)

1988 c. 9.

(2)

1944 c. 31 and 1993 c. 35.

(3)

S.I. 1988/1373.

(4)

S.I. 1990/1564.

(5)

S.I. 1990/2468.