The Local Government Act 1988 (Defined Activities) (Exemption) (Worthing Borough Council) Order 1996

Statutory Instruments

1996 No. 1391

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Defined Activities) (Exemption) (Worthing Borough Council) Order 1996

Made

28th May 1996

Laid before Parliament

6th June 1996

Coming into force

27th June 1996

The Secretary of State, in exercise of the powers conferred on him by sections 2(9) and 15(5) of the Local Government Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Order—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Worthing Borough Council) Order 1996 and shall come into force on 27th June 1996.

(2) In this Order, any reference to a ward is a reference to a ward of the borough of Worthing.

Exemption of arboricultural work

2.  The maintenance of ground(2) by the council of the borough of Worthing shall not be treated as a defined activity so long as—

(a) it consists of the tending of any tree having a stem circumference which, if measured at one metre above ground level, exceeds 350 millimetres; and

(b) it is carried out—

(i) before 1st April 1997 at the Hillbarn Golf Course or in the Central, Goring, Heene, Marine or Selden wards; or

(ii) during the period beginning with 1st September 1996 and ending with 31st March 1997 in the Broadwater, Castle, Durrington, Gaisford, Offington, Salvington or Tarring wards.

Signed by authority of the Secretary of State

Paul Beresford

Parliamentary Under-Secretary of State,

Department of the Environment

28th May 1996

Explanatory Note

(This note is not part of the Order)

Under Part I of the Local Government Act 1988 (competition), work falling within certain defined activities may be carried out by local authorities only if specified conditions are fulfilled.

This Order exempts from the requirements of Part I the tending by the Worthing Borough Council of trees having a stem circumference which, if measured at one metre above ground level, exceeds 350 millimetres—

(i) so long as the work is carried out at the Hillbarn Golf Course or in any of the wards specified in article 2(b)(i) of the Order before 1st April 1997;

(ii) so long as it is carried out in any of the wards specified in article 2(b)(ii) of the Order during the period beginning with 1st September 1996 and ending with 31st March 1997.

(1)

1988 c. 9.

(2)

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