The Local Government Act 1988 (Defined Activities) (Exemptions) (Bournemouth, Harrogate, Poole and Worthing Borough Councils) Order 1999

Statutory Instruments

1999 No. 1538

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Defined Activities) (Exemptions) (Bournemouth, Harrogate, Poole and Worthing Borough Councils) Order 1999

Made

3rd June 1999

Laid before Parliament

9th June 1999

Coming into force

30th June 1999

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred on him by sections 2(9) and 15(5) of the Local Government Act 1988(1) hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Bournemouth, Harrogate, Poole and Worthing Borough Councils) Order 1999 and shall come into force on 30th June 1999.

Exemption of cleaning of buildings

2.  The cleaning of buildings(2) by Harrogate Borough Council shall not be treated as a defined activity so long as it is carried out at the Harrogate International Centre during the period beginning with 30th June 1999 and ending immediately before 1st April 2000.

Exemption of other catering

3.  Other catering(3) shall not be treated as a defined activity so long as it is carried out–

(a) by Bournemouth Borough Council at the Russell-Cotes Art Gallery and Museum, Bournemouth, during the period beginning with 30th June 1999 and ending immediately before 1st November 2000;

(b) by Worthing Borough Council at the Hillbarn Golf Course, Worthing, during the period beginning with 30th June 1999 and ending immediately before 2nd January 2000.

Exemption of managing sports and leisure facilities

4.  The management of sports and leisure facilities(4) shall not be treated as a defined activity so long as it is carried out by Worthing Borough Council at the Hillbarn Golf Course, Worthing, during the period beginning with 30th June 1999 and ending immediately before 2nd January 2000.

Exemption of information technology services

5.  The provision of information technology services(5) by Bournemouth Borough Council (“Bournemouth”) and by Poole Borough Council (“Poole”) shall not be treated as a defined activity so long as it is carried out by Dorset County Council–

(a) in Bournemouth’s area, in connection with library and social services functions, during the period beginning with 30th June 1999 and ending immediately before 1st April 2000;

(b) in Poole’s area–

(i) during the period beginning with 30th June 1999 and ending immediately before 1st April 2000, and in connection with library functions; and

(ii) during the period beginning with 30th June 1999 and ending immediately before 1st November 1999, and in connection with social services functions.

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

3rd June 1999

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 (“Part I requirements”).

Article 2 of this Order exempts from Part I requirements the cleaning of buildings by Harrogate Borough Council at the Harrogate International Centre from 30th June 1999 to, and including, 31st March 2000.

Article 3 exempts from Part I requirements the provision of ingredients for, and the preparation and service of, meals, and the provision of refreshments, (the defined activity “other catering”) by Bournemouth Borough Council at the Russell-Cotes Art Gallery and Museum, Bournemouth, from 30th June 1999 to, and including, 31st October 2000, and by Worthing Borough Council at Hillbarn Golf Course, Worthing, from 30th June 1999 to, and including, 1st January 2000.

Article 4 exempts from Part I requirements the management of sports and leisure facilities by Worthing Borough Council at Hillbarn Golf Course, Worthing, from 30th June 1999 to, and including, 1st January 2000.

Article 5 exempts from Part I requirements the provision of information technology services–

(a) by Bournemouth Borough Council from 30th June 1999 to, and including, 31st March 2000, in connection with library and social services functions, and

(b) by Poole Borough Council from 30th June 1999 to, and including, 31st March 2000 in connection with library functions and from 30th June 1999 to, and including, 31st October 1999 in connection with social services functions,

so long as, in each case, it is undertaken by Dorset County Council.

(1)

1988 c. 9.

(2)

See section 2(2)(b) of, and paragraph 2 of Schedule 1 to, the Local Government Act 1988. There are amendments to paragraph 2 of Schedule 1 to the 1988 Act which are not relevant to this Order.

(3)

See section 2(2)(e) of, and paragraph 5 of Schedule 1 to, the Local Government Act 1988.

(4)

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

(5)

See section 2(2)(m) of, and paragraph 14 of Schedule 1 to, the Local Government Act 1988 which were added by S.I. 1995/1915.