Local Government Act 1988

10 (1) Section 20 (interpretation) shall be amended as follows.

(2) In subsection (1) after paragraph (b) of the definition of “construction or maintenance work” there shall be inserted “and

(c) the maintenance of street lighting;”.

(3) In subsection (1), in paragraph (a) of the definition of “development body”, sub-paragraph (iii) and the word “and” at the end of sub-paragraph (ii) shall be omitted.

(4) In subsection (1) for paragraph (a) of the definition of “local authority” there shall be substituted—

“(a) in relation to England and Wales—

(i) a county council, a district council, a London borough council, the Inner London Education Authority, a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985 or the Council of the Isles of Scilly, or

(ii) The Common Council of the City of London in its capacity as local authority or police authority;”.

(5) In subsection (4)—

(a) after the word “Commission”, in both places where it occurs, there shall be inserted “or the Secretary of State”; and

(b) after the word “which”, in the first place where it occurs, there shall be inserted “is an agreement made by virtue of any provision of the [1973 c. 50.] Employment and Training Act 1973, which”.

(6) After subsection (4) there shall be inserted—

“(5) If a local authority or development body undertake work which (apart from this subsection) would not fall within construction or maintenance work, and which in their opinion cannot be undertaken efficiently separately from construction or maintenance work, the work shall (if they so decide) be treated as falling within construction or maintenance work.

(6) In section 10(3)(c) above and in subsection (1) above, in paragraph (c) of the definition of “construction or maintenance work”, “street” (except in relation to Scotland) has the meaning given by section 329(1) of the [1980 c. 66.] Highways Act 1980 and (in relation to Scotland) means a road as defined in section 25(3) of the [1982 c. 63.] Local Government and Planning (Scotland) Act 1982.

(7) Nothing in sections 19A and 19B above shall prejudice any remedy available to a person (apart from those sections) in respect of a failure to observe a provision of this Part of this Act.”