The Local Government, Planning and Land Act 1980 (Competition) (Scotland) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace on 1st July 1997 the Local Government, Planning and Land Act 1980 (Competition) (Scotland) Regulations 1995, as amended, by changing the levels above which certain services provided by local authorities require to be exposed to competitive tender. The 1995 Regulations, which required less work to be exposed to competitive tender than had previously been the case, were enacted in recognition of the additional administrative work which local government reorganisation placed upon local authorities.

Under these Regulations, the requirements imposed by the Local Government, Planning and Land Act 1980 will apply to any works contract where the value of any work exceeds £25,000 (general highway work), £50,000 (general water and sewerage work and works of new construction) and £10,000 (works of maintenance) (regulations 3 and 4). For work below those levels, a contract can be entered into only following the acceptance of a tender, with the exception of certain highway jobs not exceeding £25,000 (regulation 5).

All functional work consisting of general highway work, general water and sewerage work and works of new construction and maintenance must meet the competitive tendering requirements of the 1980 Act, with the exception of certain highway jobs not exceeding £25,000 (regulation 7).

Emergency work (as defined in regulation 2), work won in competition let by the Secretary of State in respect of trunk road work (also as defined) and gritting of and clearing of snow from highways are exempted from the effect of the Regulations, as is functional work in certain cases where a further job is to be carried out (regulations 6 and 8).

These Regulations also lay down conditions which authorities must comply with before carrying out highway jobs not exceeding £25,000 and the gritting of and clearing of snow from highways at their own hand.