The Local Government (Exemption from Competition) (Scotland) Amendment Order 2001

Scottish Statutory Instruments

2001 No. 431

LOCAL GOVERNMENT

The Local Government (Exemption from Competition) (Scotland) Amendment Order 2001

Made

22nd November 2001

Laid before the Scottish Parliament

23rd November 2001

Coming into force

17th December 2001

The Scottish Ministers, in exercise of the powers conferred by sections 2(10) and 15(5) and (7) of the Local Government Act 1988(1) and of all powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Local Government (Exemption from Competition) (Scotland) Amendment Order 2001 and shall come into force on 17th December 2001.

Amendment of principal Order

2.  The Local Government (Exemption from Competition) (Scotland) Order 1995(2) shall be amended as follows.

3.  In article 3, for “2001” there shall be substituted “2003”.

4.  In article 7(2), for “31st December 2001” there shall be substituted “31st December 2003”.

5.  For each date which appears in columns 2 to 9 of Schedule 2 there shall be substituted “31st December 2003”.

Revocation

6.  The Local Government (Exemption from Competition) (Scotland) Amendment Order 1999(3) and the Local Government (Exemption from Competition) (Scotland) Amendment Order 2000(4) are hereby revoked.

PETER PEACOCK

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

22nd November 2001

Explanatory Note

(This note is not part of the Order)

The Local Government (Exemption from Competition) (Scotland) Order 1995 (“the principal Order”) modified the application of Part I of the Local Government Act 1988 (“the 1988 Act”) in the period from 31st March 1995 to 31st December 2001. One of the effects of the principal order was to suspend compulsory competitive tendering under the 1988 Act in Scotland from 31st March 1995 until “the exemption end date”, different such end dates being set for different authorities and different activities.

This Order amends the principal order by substituting a new exemption end date of 31st December 2003 in each case (articles 3, 4 and 5).

This Order revokes two previous Orders which amended the principal Order (article 6).

(1)

1988 c. 9; section 2(10) was inserted, and section 15(5) amended, by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 156(3) and (4). Section 2(10) was amended by the Scottish Local Authorities Tendering Act 2001 (asp 9), section 1. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1995/678, amended by S.I. 1997/1438, 1998/1421, 1999/937 and S.S.I. 2000/206.

(3)

S.I. 1999/937

(4)

S.S.I. 2000/206.