Article 2 Activities not to be treated as defined activities

For Article 2 of the principal Order there shall be substituted the following Article—

“Activities not to be treated as defined activities

2

(1)

An activity falling within Article 4(1) of the Order shall not, if carried out by a specified board, be treated as a defined activity where any one of the following conditions is fulfilled, namely—

(a)

the activity in question constitutes work carried out for or on behalf of a grant-aided school;

(b)

the activity in question constitutes work carried out through an employee who is required as a condition of his employment to live in particular accommodation for the better performance of his duties and the work forms part of his duties;

(c)

the amount estimated by the board as the gross cost of carrying out the activity in question through its direct labour organisation or a similar organisation in the immediately preceeding year did not exceed £150,000; or

(d)

the activity in question is carried out before 31st March 2003.

(2)

For the purpose of paragraph (1)(c) the gross cost of carrying out any activity shall—

(a)

include such proportion of the board’s administrative expenses, other than the expenses that would be incurred by the board whether the activity were carried out by it or by another person, as properly attributable to the carrying out of the activity;

(b)

exclude the cost of any work that is treated as carried out by the board by virtue of Article 3 of the Order; and

(c)

exclude the cost of any work by virtue of paragraph (1)(b) does not fall within a defined activity”.