Regulation 10 Exempted functional work
Regulation 9 shall not apply to functional work of the following descriptions:—
emergency work;
the gritting of, or the clearing of snow from, highways;
work undertaken for the purposes of a Crown Court; and
work comprising a job which satisfies each of the following conditions—
it is a job for the carrying out of works of new construction, general highway works or for the construction of a sewer;
it is a further job the estimated cost of which does not exceed by more than ten per cent. the estimated cost of a former job of a similar description undertaken by the local authority in question in the immediately preceding 12 months and in relation to which the estimated cost of each separate item of work comprised and priced in the job does not exceed by more than ten per cent. the estimated cost of each corresponding item of work (if any) comprised and priced in the former job; and
the work comprised in the job is to be carried out on the same site or surface as the work comprised in the former job or on sites or surfaces adjacent to those on which the work comprised in the former job has been or is to be carried out.
For the purposes of this regulation a job is a former job if, and only if—
it was undertaken following an invitation to tender which was extended to at least three other persons who were not, or included at least three other persons who were not, local authorities or development bodies for the purposes of Part III of the Act;
the estimated cost of the job submitted by the local authority in question was lower than the lowest tender submitted following that invitation; and
the job has not been renewed (either by extension of time or the undertaking of a new job of a similar description) unless the invitation to tender following which it was undertaken specifically referred to the award to the successful tenderer of one or more further contracts.