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

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Government, Planning and Land Act 1980 (Competition) (Scotland) Regulations 1995 (“the principal Regulations”) with effect from December 1996 so as to introduce further conditions which authorities must comply with before carrying out certain construction and maintenance work at their own hand.

The first condition is that authorities have to be satisfied that the bid put forward by the Direct Labour Organisation to carry out the work is reasonable. The second condition is that authorities must display at their principal office a summary of the bid put forward by the DLO. The third condition is that authorities have to supply the Secretary of State with a monthly return on the number of staff engaged in construction and maintenance work.

The conditions apply to all functional work, with the exception of works of construction over £500,000, emergency work, water and sewerage works not exceeding £50,000, and work which has been subject to competitive tender.

These Regulations also amend the principal Regulations with effect from 1st April 1997 so as to reintroduce compulsory competitive tendering for most construction and maintenance jobs commenced on or after that date which have an estimated cost of less than £25,000. Exceptions are made for certain general highway works, gritting and snow clearing works and jobs to which European procurement legislation would apply.