The Local Government, Planning and Land Act 1980 (Competition) (Scotland) Regulations 1995

Functional work

9.—(1) A local authority or a development body shall not, unless they have first complied with the conditions specified in paragraph (2) below, as well as with the terms of section 9(2) of the Act, undertake functional work other than functional work of the description specified in paragraph (3) below.

(2) The conditions mentioned in paragraph (1) above are—

(a) that the authority shall draw up such a detailed specification in respect of the work to which this regulation applies as would have been required if section 9(4)(a) of the Act had applied to that work; and

(b) that the authority shall ensure that the statement which they are required to prepare under section 9(2) of the Act is a statement consistent with the specification drawn up in accordance with sub-paragraph (a) above.

(3) The functional work mentioned in paragraph (1) above to which the conditions mentioned in paragraph (2) above shall not apply is—

(a) functional work which is a job involving works of construction where the estimated cost of that job, which is attributable to works of construction, exceeds £500,000;

(b) emergency work;

(c) functional work which is a job consisting or consisting principally of general highway works where the estimated cost of the job does not exceed £25,000, unless the estimated cost of the job together with the aggregate value of all relevant highway work previously undertaken by the authority or body otherwise than in accordance with section 7 of the Act or the conditions mentioned in section 9(3)(a) of the Act in the same financial year exceeds the relevant limit (ascertained in accordance with paragraph (4) below);

(d) functional work which is a job consisting or consisting principally of general water and sewerage works where the estimated cost of the job does not exceed £50,000;

(e) the gritting of or the clearing of snow from highways; and

(f) until the expiry of the relevant contract or arrangement, functional work which immediately prior to 31st March 1995 complied with the conditions specified in section 9(4) of the Act.

(4) For the purpose of paragraph (3)(c) above, the relevant limit is 40% of the aggregate value of all relevant highway work carried out by that authority or body in the immediately preceding financial year.