The Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) (Amendment) Order 1998

Explanatory Note

(This note is not part of the Order)

The Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1994 (S.I. 1994/339) (as amended by S.I. 1996/3179 and S.I. 1997/1698) (“the 1994 Order”) provides an exemption from the competition requirements of Part I of the Local Government Act 1988 (Competition) for Welsh county councils, county borough councils, combined fire authorities and certain joint committees thereof in relation to certain defined activities within section 2(2) of that Act. The 1994 Order was applied to Welsh National Park authorities by S.I. 1995/2803, Schedule 8 para. 2.

Article 2 of the present Order amends the 1994 Order as follows:–

(a) paragraph (2) amends article 4(1) to extend in relation to other Welsh authorities, the exemption period from 31st March 1999 to 31st March 2000 in relation to refuse collection, other cleaning, maintenance of ground and the repair and maintenance of vehicles and from 31st May 1999 to 31st May 2000, in relation to cleaning of buildings, catering for purposes of schools and welfare, other catering and managing sports and leisure facilities;

(b) paragraph (3) omits article 4(4) and (5). This is in consequence of the new article 5 inserted into the 1994 Order (see paragraph (c) below);

(c) paragraph (4) adds a new article 5 which, in effect, provides a new exemption for certain county and county borough councils and certain joint committees in relation to certain defined activities in relation to the period from 1st October 1998 until 31st March 2000 provided that one of the conditions specified in article 5(3) is met;

(d) paragraph (5) and the Schedule substitutes a new Schedule to the 1994 Order specifying the county and county borough councils and the joint committees and the defined activities to which article 5 applies.

Article 3 makes a consequential revocation of S.I. 1996/3179.