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

Interpretation

2.  In these Regulations—

“the Act” means the Local Government, Planning and Land Act 1980;

“emergency work” means work of any description the necessity for which could not reasonably have been foreseen by the local authority or development body concerned and which is—

(a)

required to avert, alleviate or eradicate in their area, or any part of it, the effects or potential effects of any emergency or disaster which involves or is likely to involve risk of serious damage to or destruction of property or risk of injury or danger to health or life; and

(b)

required to be put in hand as a matter of urgency within 48 hours of the emergency or disaster occurring; and

(c)

not work on a scale or of a nature normally undertaken by that authority or development body;

“estimated cost” in relation to a job, means the aggregate of the amounts which a local authority or development body will credit to their DLO revenue account in respect of the carrying out of all the items of construction or maintenance comprised in that job—

(a)

so far as such amounts will fall to be determined in accordance with a written statement prepared in compliance with section 9(2)(a)(1) of the Act, as so determined; and

(b)

so far as such amounts will fall to be determined in accordance with a method specified in a written statement prepared in accordance with section 9(2)(b) of the Act, as estimated in accordance with that method;

“job” means all the functional work which can reasonably be carried out most economically and efficiently under one arrangement;

“local authority” has the meaning assigned to it in Part III of the Act;

“relevant highway work” means maintenance work for the purpose of improvement, maintenance or repair of highways;

“works of construction” means building or engineering works (other than works of maintenance) involved in the construction of buildings and other structures or in the laying out or construction of highways and other land;

“works of maintenance” includes minor renewals, minor improvements and minor extensions.

(1)

Section 9 was amended by the Local Government Act 1992, Schedule 1, paragraph 2.