The Local Government Act 1988 (Defined Activities) (Exemptions) (No. 1) (England) Order 1999

Statutory Instruments

1999 No. 2023

LOCAL GOVERNMENT, ENGLAND

The Local Government Act 1988 (Defined Activities) (Exemptions) (No. 1) (England) Order 1999

Made

16th July 1999

Laid before Parliament

23rd July 1999

Coming into force

13th August 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) (No. 1) (England) Order 1999 and shall come into force on 13th August 1999.

Exemption of cleaning of buildings

2.  The cleaning of buildings(2) by the Council of the London Borough of Tower Hamlets shall not be treated as a defined activity so long as it is carried out–

(a) for the purposes of a school maintained by a defined authority; and

(b) during the period beginning with 13th August 1999 and ending immediately before 1st April 2000.

Exemption of maintenance of ground

3.  The maintenance of ground(3) by the Council of the London Borough of Southwark shall not be treated as a defined activity so long as–

(a) it is carried out during the period beginning with 13th August 1999 and ending immediately before 1st April 2000; and

(b) it is restricted to the planting and tending of trees on land which forms part of, or adjoins, a site on which the Council provide housing accommodation under Part II of the Housing Act 1985(4).

Exemption of repair and maintenance of vehicles

4.  The repair and maintenance of vehicles(5) by Essex County Council shall not be treated as a defined activity so long as it is carried out at the Coval Lane Repair Depot, Chelmsford, during the period beginning with 1st October 1999 and ending immediately before 1st January 2000.

Exemption of managing sports and leisure facilities

5.  The management of sports and leisure facilities(6) shall not be treated as a defined activity so long as it is carried out–

(a) by Chichester District Council at the Westgate Centre, Chichester;

(b) by Sevenoaks District Council at the Sevenoaks Leisure Centre,

during the period beginning with 13th August 1999 and ending immediately before 1st April 2000.

Exemption of security work

6.  Security work(7) shall not be treated as a defined activity so long as it is carried out by Essex County Council–

(a) at the County Hall complex, the Judges Lodgings or the Shire Hall (all at Chelmsford);

(b) on any day other than a Saturday or a Sunday;

(c) between the hours of 8 a.m. and 8 p.m.; and

(d) during the period beginning with 1st October 1999 and ending immediately before 1st January 2000.

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

Alan Meale

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

16th July 1999

Explanatory Note

(This note is not part of the Order)

Under Part I (competition) of the Local Government Act 1988 (“the 1988 Act”) 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 (“Part I requirements”) the cleaning by Tower Hamlets London Borough Council of buildings for the purposes of a school maintained by any of the authorities listed in section 1 of the 1988 Act from 13th August 1999 to, and including, 31st March 2000. (The particular work to which the exemption applies is part of the defined activity (cleaning of buildings) because notices in respect of the work were published in accordance with section 7(1) of the 1988 Act before 12th December 1997; see article 1(2) of S.I. 1997/2748.)

Article 3 exempts from Part I requirements the planting and tending of trees (part of the defined activity “maintenance of ground”) by Southwark London Borough Council on or adjacent to sites on which the Council provide housing accommodation under Part II of the Housing Act 1985, from 13th August 1999 to, and including, 31st March 2000.

Article 4 exempts from Part I requirements the repair and maintenance of vehicles by Essex County Council at the Coval Lane Repair Depot, Chelmsford, from 1st October 1999 to, and including, 31st December 1999.

Article 5 exempts from Part I requirements the management of sports and leisure facilities by Chichester District Council and Sevenoaks District Council at the Westgate Centre, Chichester and the Sevenoaks Leisure Centre, respectively, from 13th August 1999 to, and including, 31st March 2000.

Article 6 exempts from Part I requirements security work carried out by Essex County Council at the County Hall complex, the Judges Lodgings and the Shire Hall (all at Chelmsford), on weekdays between the hours of 8 a.m. and 8 p.m. from 1st October 1999 to, and including 31st December 1999.

(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 that are not relevant to this Order.

(3)

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

(4)

1985 c. 68.

(5)

See section 2(2)(g) of, and paragraph 7 of Schedule 1 to, the Local Government Act 1988.

(6)

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.

(7)

See section 2(2)(i) of, and paragraph 10 of Schedule 1 to, the Local Government Act 1988, which were inserted by S.I. 1994/2884. There are amendments to paragraph 10 that are not relevant to this Order.