The Local Authorities (Direct Labour Organisations) (Competition) (Wales) Regulations 1997

Regulated functional work

9.—(1) Subject to regulation 10, a local authority may not, unless they have first complied with the conditions mentioned in section 9(3)(a) of the Act(1), as well as with those in section 9(2), undertake functional work of any of the following descriptions—

(a) a job consisting, or consisting principally, of general highway works where the estimated cost of the job exceeds £25,000;

(b) a job consisting, or consisting principally of general highway works where the estimated cost of the job does not exceed £25,000 if the estimated cost of the job together with the aggregate value of all relevant highway work previously undertaken by the local authority in question otherwise than in accordance with section 7 of the Act or the conditions mentioned in section 9(3)(a) of the Act in the same financial year exceeds the relevant limit;

(c) a job consisting, or consisting principally, of the construction or maintenance of a sewer where the estimated cost of the job exceeds £50,000;

(d) a job consisting, or consisting principally, of works of new construction;

(e) a job consisting, or consisting principally, of works of maintenance;

(2) For the purposes of paragraph (1)(b) the relevant limit is forty per cent. of the aggregate value of all relevant highway work undertaken and all contractual highway work carried out by that authority in the immediately preceding financial year.

(1)

These conditions are specified in section 9(4) of the Act which was amended by the Local Government Act 1988, Schedule 6, paragraph 3 and by the Local Government Act 1992, Schedule 1, paragraph 2. The Local Government (Direct Service Organisations) (Competition) Regulations 1993 (S.I. 1993/848), as amended by S.I. 1995/1336 and S.I. 1996/1680, have been made in part under powers contained in section 9(4).