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The Local Government Act 1988 (Defined Activities) (Exemption) (Fire Services) (England and Wales) Order 1995

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Statutory Instruments

1995 No. 2901

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Defined Activities) (Exemption) (Fire Services) (England and Wales) Order 1995

Made

7th November 1995

Laid before Parliament

20th November 1995

Coming into force

11th December 1995

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), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Fire Services) (England and Wales) Order 1995 and shall come into force on 11th December 1995.

Fire services: arrangements and equipment

2.—(1) The provision of information technology services(2) shall not be treated as a defined activity so long as those services are provided for the following purposes of a fire authority (within the meaning given by section 38(1) of the Fire Services Act 1947)(3):—

(a)enabling the authority to secure arrangements such as are mentioned in the following provisions of that Act:

(i)paragraph (c) (calls for assistance) and (d) (obtaining information) of section 1(1);

(ii)paragraph (e) (non-firefighting services) of section 3(1); or

(b)any system of wireless telegraphy operated or to be operated by a fire brigade.

Signed by authority of the Secretary of State for the Environment

Paul Beresford

Parliamentary Under-Secretary of State,

Department of the Environment

3rd November 1995

Signed by authority of the Secretary of the State for Wales

Gwilym Jones

Parliamentary Under-Secretary of State, Welsh Office

7th November 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 and certain other authorities, including fire authorities, only if particular conditions are fulfilled.

This Order exempts from the requirements of Part I the provision of certain information technology services for the purposes of a fire authority.

(2)

See paragraph 14 of Schedule 1 to the Local Government Act 1988, inserted by article 4 of S.I. 1995/1915.

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