The Local Authorities (Direct Labour Organisations) (Competition) (Wales) Regulations 1997

Conditional functional work

11.—(1) Subject to paragraph (3) below, a local authority 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 which is—

(a) the gritting of, or the clearing of snow from, highways; or

(b) a job consisting or consisting principally of general highway works where—

(i) the estimated cost of the job does not exceed £25,000; and

(ii) the job is not within regulation 9(1)(b) above.

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

(a) that the authority shall be satisfied that the amount for the functional work in question to be credited in terms of the written statement required by section 9(2) of the Act is reasonable, having regard to any previous estimate of the cost of the work made by the authority and their knowledge of how much it would be likely to cost for a person other than the authority to carry out the work; and

(b) that the authority shall put on public display at their principal office a notice summarising the contents of the statement required by section 9(2) of the Act in respect of the functional work in question.

(3) Paragraph (1) above shall not apply to functional work which the authority are undertaking after complying with the conditions mentioned in section 9(3)(a) of the Act.