The Local Government Act 1988 (Defined Activities) (Exemption) (No. 1) Order 1998

Statutory Instruments

1998 No. 579

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Defined Activities) (Exemption) (No. 1) Order 1998

Made

9th March 1998

Laid before Parliament

11th March 1998

Coming into force

1st April 1998

The Secretary of State, in exercise of the powers conferred on him by sections 2(9) and 15(5) and (7) 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) (No. 1) Order 1998 and shall come into force on 1st April 1998.

(2) In this Order

“the 1988 Act” means the Local Government Act 1988.

Exemptions

2.  An activity specified in any of paragraphs (a) to (n) of subsection 2 of section 2 (defined activities)(2) of the 1988 Act shall not be treated as a defined activity so long as it is carried out by a defined authority listed in the Schedule to this Order during the period beginning with 1st April 1998 and ending on 31st March 2001.

Revocations

3.—(1) All directions given by the Secretary of State under section 14(2) and (3) (power to give directions) of the 1988 Act to any of the authorities mentioned in article 2 above are hereby revoked.

(2) In the Local Government Act 1988 (Defined Activities) (Exemption) (London Boroughs of Newham and Southwark) Order 1997(3), article 2 (exemption of sports and leisure facilities management) is hereby revoked.

(3) The Local Government Act 1988 (Defined Activities) (Exemption) (London Borough of Brent) Order 1997(4) is hereby revoked.

(4) In the Local Government Act 1988 (Defined Activities) (Exemption) (Brent London Borough Council and Harrogate Borough Council) Order 1997(5), article 2 (exemption of grounds maintenance) is hereby revoked.

Signed by authority of the Secretary of State

Nick Raynsford

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

9th March 1998

Article 2

SCHEDULE

• Birmingham City Council

• Braintree District Council

• Brighton and Hove Council

• Bristol City Council

• Cambridge City Council

• Carrick District Council

• City of Bradford Metropolitan District Council

• City of York Council

• Cumbria County Council

• Exeter City Council

• Gosport Borough Council

• Great Yarmouth Borough Council

• Ipswich Borough Council

• Leeds City Council

• Lincoln City Council

• Lincolnshire County Council

• Manchester City Council

• Newark & Sherwood District Council

• Newcastle upon Tyne City Council

• Northamptonshire County Council

• Oldham Metropolitan Borough Council

• Oxford City Council

• Portsmouth City Council

• Reading Borough Council

• Redcar & Cleveland Borough Council

• South Norfolk District Council

• Southampton City Council

• Sunderland City Council

• Surrey County Council

• Tandridge District Council

• Warwickshire County Council

• Watford Borough Council

• Wealden District Council

• Welwyn Hatfield District Council

• The councils of the London Borough of:

  • Brent

  • Camden

  • Greenwich

  • Harrow

  • Lewisham

  • Newham

• Cleveland Police Authority

• Greater Manchester Police Authority

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 particular conditions are fulfilled.

Article 2 of this Order exempts from the requirements of Part I work which would, apart from this Order, fall within those defined activities so long as that work is carried out by one of the authorities listed in the Schedule to the Order, during the period beginning with 1st April 1998 and ending on 31st March 2001.

Article 3 of this Order revokes all directions made by the Secretary of State under section 14(2) and (3) of the Local Government Act 1988 in relation to any of the authorities mentioned in the Order and also revokes exemptions of specific defined activities made in relation to Newham London Borough Council and Brent London Borough Council by the Local Government Act 1988 (Defined Activities) (Exemptions) (London Boroughs of Newham and Southwark) Order 1997 (S.I. 1997/532), the Local Government Act 1988 (Defined Activities) (Exemption) (London Borough of Brent) Order 1997 (S.I. 1997/533), and The Local Government Act 1988 (Defined Activities) (Exemption) (Brent London Borough Council and Harrogate Borough Council) Order 1997 (S.I. 1997/2259).

(1)

1988 c. 9.

(2)

Subsection (2) has been amended as follows: subs. (2)(ee) was inserted by S.I. 1989/2488; subss. (2)(ff), (g), (gg) were substituted and (i) and (j) were inserted by S.I. 1994/2884; subs. (2)(h) was inserted by S.I. 1994/1671; subs. (2)(k) was inserted by S.I. 1994/2888; and subss. (2)(l) to (n) were added by S.I. 1995/1915.

(3)

S.I. 1997/532.

(4)

S.I. 1997/533.

(5)

S.I. 1997/2259.