Regulation 2 Interpretation
In these Regulations, unless the context otherwise requires–
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“the Act” means the Local Government Act 1988;
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“the 1980 Act” means the Local Government, Planning and Land Act 1980f1;
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“construction and property services” means the defined activity mentioned in section 2(2)(k) of the Actf2;
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“the cost”, in relation to a defined activity, means the estimated total annual cost including overheads, provided that these overheads are not treated by a defined authority as forming part of the cost of–
- (a)
another defined activity; or
- (b)
work to which Part III of the 1980 Act applies;
- (a)
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“defined authority” means an authority to whom and to which extent these Regulations apply;
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“financial services” means the defined activity mentioned in section 2(2)(l) of the Actf3;
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“housing management” means the defined activity mentioned in section 2(2)(h) of the Actf4;
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“information technology services” means the defined activity mentioned in section 2(2)(m) of the Actf5;
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“legal services” means the defined activity mentioned in section 2(2)(j) of the Actf6;
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“management of vehicles” means the defined activity mentioned in section 2(2)(gg) of the Actf7;
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“personnel services” means the defined activity mentioned in section 2(2)(n) of the Actf8;
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“professional services” means the defined activities of–
- (a)
legal services;
- (b)
construction and property services;
- (c)
financial services;
- (d)
information technology services; and
- (e)
personnel services;
- (a)
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“security work” means the defined activity mentioned in section 2(2)(i) of the Actf9;
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“the specified proportion” means for professional services an amount calculated–
- (a)
in respect of legal services in accordance with Schedule 1 to these Regulations;
- (b)
in respect of construction and property services in accordance (subject to regulation 7 below) with Schedule 2 to these Regulations;
- (c)
in respect of financial services in accordance (subject to regulation 7 below) with Schedule 3 to these Regulations;
- (d)
in respect of information technology services in accordance with Schedule 4 to these Regulations; and
- (e)
in respect of personnel services in accordance (subject to regulation 7 below) with Schedule 5 to these Regulations;
- (a)
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“specified work” means work of any description falling within the activity concerned, other than work carried out by a bidding authority to which section 4 of the Act (works contracts; restrictions)f10 applies;
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“voluntary competitive tendering” means the award of work before 2nd April 1994 following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work.
Annotations
Footnotes
- f1
- f2
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Section 2(2)(k) was added by article 2(1) of the Local Government Act 1988 (Competition) (Defined Activities) (Construction and Property Services) Order 1994 (S.I. 1994/2888).
- f3
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Section 2(2)(l) was added by article 2 of the Local Government Act 1988 (Competition) (Defined Activities) Order 1995 (S.I. 1995/1915) (“the 1995 Order”).
- f4
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Section 2(2)(h) was added by article 2(1)(b) of the Local Government Act 1988 (Competition) (Defined Activities) (Housing Management) Order 1994 (S.I. 1994/1671).
- f5
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Section 2(2)(m) was added by article 2 of the 1995 Order.
- f6
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Section 2(2)(j) was added by article 2(1)(b) of the Local Government Act 1988 (Competition) (Defined Activities) Order 1994 (S.I. 1994/2884) (“the 1994 Order”).
- f7
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Section 2(2)(gg) was added by article 2(1)(a) of the 1994 Order.
- f8
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Section 2(2)(n) was added by article 2 of the 1995 Order.
- f9
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Section 2(2)(i) was added by article 2(1)(b) of the 1994 Order.
- f10
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Section 4 of the Act was amended by paragraph 11 of Schedule 1 to the Local Government Act 1992.