The Local Government Act 1988 (Defined Activities) (Exemption) (Tendring District Council) Order 1998

Statutory Instruments

1998 No. 2762

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Defined Activities) (Exemption) (Tendring District Council) Order 1998

Made

10th November 1998

Laid before Parliament

17th November 1998

Coming into force

9th December 1998

The Secretary of State, in exercise of the powers conferred on him by sections 2(9) and 15(5) of the Local Government Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Tendring District Council) Order 1998 and shall come into force on 9th December 1998.

Exemption of sports and leisure facilities management and ground maintenance

2.—(1) The management of sports and leisure facilities(2) by the council of the district of Tendring (“the council”) shall not be treated as a defined activity so long as it is carried out during the period beginning with 9th December 1998 and ending immediately before 1st August 1999.

(2) The maintenance of ground(3) by the council shall not be treated as a defined activity so long as it is carried out–

(a) on land within the former urban district(4) of Clacton;

(b) during the period beginning with 9th December 1998 and ending immediately before 1st August 1999.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

10th November 1998

Explanatory Note

(This note is not part of the Order)

Under Part I (competition) of the Local Government Act 1988 work falling within certain defined activities may be carried out by local authorities only if particular conditions are fulfilled.

Article 2 of this Order exempts from the requirements of Part I–

(a) the management of sports and leisure facilities by Tendring District Council so long as it is carried out during the period beginning with 9th December 1998 and ending immediately before 1st August 1999; and

(b) ground maintenance by that council in the area of the former urban district of Clacton so long as it is carried out during that period.

(1)

1988 c. 9.

(2)

See section 2(2)(ee) of, and paragraph 8 of Schedule 1 to, the Local Government Act 1988, which were added by S.I. 1989/2488.

(3)

See section 2(2)(f) of, and paragraph 6 of Schedule 1 to, the Local Government Act 1988.

(4)

By virtue of section 1(10) of the Local Government Act 1972 (c. 70), the area of the urban district of Clacton ceased to exist on 1st April 1974.