# The Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1988 S.I. 1988/1371 · made 29 July 1988 Section 6(3) of the Local Government Act 1988 enables the Secretary of State to require that an authority mentioned in section 1(1) of the Act (a defined authority) may only carry out functional work falling within an activity listed in section 2(2) of the Act (a defined activity) after subjecting the work to competition. These Regulations exclude the Inner London Education Authority, new town development corporations and the Commission for the New Towns from the competition requirements and specify the dates from which and the circumstances in which other defined authorities (“specified authorities”) in England may not carry out functional work without first exposing it to competition. Made under: Local Government Act 1988 (Section 6, Section 15) PDFs: Printed copy https://openlegislation.uk/local-government-act-1988-defined-activities-competition-england-regulations-1988/pdf/uksi_19881371_en.pdf ## Introductory text LOCAL GOVERNMENT, ENGLAND AND WALES Made 29th July 1988 Laid before Parliament 8th August 1988 Coming into force 1st September 1988 The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 6(3) and (4) and 15(6) of the Local Government Act 1988 and of all other powers enabling him in that behalf, hereby makes the following Regulations: ## 1 Citation and Commencement These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1988 and shall come into force on 1st September 1988. ## 2 Interpretation In these Regulations— “the Act” means the Local Government Act 1988; “county police authority” means a police authority constituted under section 2 of the Police Act 1964; “specified authority” means— (i) any defined authority which has functions in England other than— (a) a development corporation established for the purposes of a new town; (b) the Commission for the New Towns; or (c) the Inner London Education Authority; and (ii) any joint committee which falls to be treated as a defined authority by section 1(4) of the Act and of which at least one of the members is an authority which is a specified authority by virtue of sub-paragraph (i) above; “work” does not include work carried out elsewhere than in England. ## 3 Application of Section 6 (1) Section 6 of the Act shall apply to functional work of any description falling within any defined activity other than the maintenance of ground if the work is proposed to be carried out on or after 1st August 1989 by— (a) the Council of the Isles of Scilly; or (b) any other specified authority other than a local authority or a county police authority. (2) Section 6 shall apply to functional work mentioned in paragraph (1) if it is proposed to be carried out on or after 1st August 1990 by a parish council. (3) Section 6 shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(a) (collection of refuse) if it is proposed to be carried out on or after 1st August 1989 by a county council. (4) Section 6 shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(d) (catering for purposes of schools and welfare) if it is proposed to be carried out on or after 1st August 1989 by a district council other than a metropolitan district council. ## 4 Application of Section 6 (1) Section 6 shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(f) (maintenance of ground) if it is proposed to be carried out— (a) on or after 1st January 1990 by the Council of the Isles of Scilly, a parish council, or any other specified authority which is neither a local authority nor a county police authority; (b) on or after 1st January 1994 by any specified authority. (2) Where any specified authority other than one mentioned in sub-paragraph (a) of paragraph (1) proposes to carry out functional work of any description falling within the defined activity mentioned in that paragraph in any of the calendar years 1990 to 1993, section 6 shall apply in each of those years to such part of that work as is estimated by the authority to equal in value the percentage of the value of earlier work specified below in relation to that year— 1990 20% 1991 40% 1992 60% 1993 80% (3) For the purposes of paragraph (2)— “earlier work” means work falling within the defined activity mentioned in section 2(2)(f) of the Act and carried out or treated as carried out by or for the authority in the financial year ending nine months before the beginning of the calendar year in question; and “value” means in relation to earlier work the gross amount estimated by the authority as the cost of that work. ## 5 Application of Section 6 (1) Section 6 shall apply in accordance with this regulation as respects functional work of any description if carried out by an authority named in Schedule I hereto. (2) In the case of work falling within a defined activity mentioned in column 1 of Schedule 2, section 6 shall apply if the work is carried out by a non metropolitan district council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included. (3) In the case of work falling within a defined activity mentioned in column 1 of Schedule 3, section 6 shall apply if the work is carried out by a county council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included. (4) In the case of work falling within a defined activity mentioned in column 1 of Schedule 4, section 6 shall apply if the work is carried out by a London borough or metropolitan district council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included. (5) This regulation shall apply— (a) to a county police authority as if it were a member of the same numbered group as the county council for its area; and (b) to the Common Council of the City of London (whether in its capacity as local authority or police authority) as if it were a London borough council in the group numbered 1. ## 6 Application of Section 6 Where a specified authority propose to carry out functional work of any description which falls within a defined activity (whether or not by virtue of section 2(5) or (7) of the Act) and to which section 6 of the Act would not otherwise apply, it shall (if the authority so decide) be treated as work to which section 6 applies. ## Signature Nicholas Ridley Secretary of State for the Environment 29th July 1988 ## Schedule 1: GROUPS OF LOCAL AUTHORITIES ## COUNTY COUNCILS Avon Cheshire Devon Gloucestershire Isle of Wight Norfolk Oxfordshire Surrey ## LONDON BOROUGH COUNCILS Barking and Dagenham Hammersmith and Fulham Islington Newham Waltham Forest ## METROPOLITAN DISTRICT COUNCILS Barnsley Coventry Leeds Rochdale Solihull Trafford ## NON-METROPOLITAN DISTRICT COUNCILS Adur Ashfield Basildon Beverley Bolsover Braintree Bristol Burnley Carlisle Chelmsford Chesterfield Cleethorpes Cotswold Darlington Derwentside East Devon East Staffordshire Ellesmere Port and Neston Exeter Fylde Gosport Halton Hart Hertsmere Hove Kerrier Lancaster Lichfield Maldon Mendip Middlesbrough Newbury North Dorset North Shropshire Northavon Oswestry Plymouth Reading Richmondshire Rugby Ryedale Sedgemoor Slough South Hams South Norfolk South Somerset Spelthorne Stevenage Suffolk Coastal Taunton Deane Tewkesbury Tonbridge and Malling Uttlesford Warrington Wealden West Dorset West Wiltshire Woking Wrekin York ## COUNTY COUNCILS Bedfordshire Cleveland Dorset Hampshire Kent Northamptonshire Shropshire Warwickshire ## LONDON BOROUGH COUNCILS Barnet Croydon Haringey Kensington & Chelsea Redbridge Wandsworth ## METROPOLITAN DISTRICT COUNCILS Birmingham Doncaster Liverpool Rotherham South Tyneside Wakefield ## NON-METROPOLITAN DISTRICT COUNCILS Allerdale Ashford Basingstoke and Deane Blaby Boothferry Breckland Broadland Cambridge Carrick Cheltenham Chichester Colchester Craven Dartford Dover East Hampshire East Yorkshire Elmbridge Fareham Gedling Gravesham Hambleton Hartlepool High Peak Huntingdonshire Kettering Langbaurgh-on-Tees Lincoln Malvern Hills Mid Bedfordshire Milton Keynes Newcastle-under-Lyme North East Derbyshire North Warwickshire Norwich Oxford Poole Redditch Rochester upon Medway Runnymede Salisbury Selby South Bedfordshire South Herefordshire South Northamptonshire South Staffordshire St. Albans Stockton-on-Tees Surrey Heath Teesdale Thamesdown Torbay Vale Royal Warwick Wear Valley West Lancashire Weymouth and Portland Wokingham Wychavon ## COUNTY COUNCILS Berkshire Cornwall Durham Hereford and Worcester Lancashire Northumberland Somerset West Sussex ## LONDON BOROUGH COUNCILS Bexley Ealing Harrow Kingston-upon-Thames Richmond-upon-Thames Westminster ## METROPOLITAN DISTRICT COUNCILS Bolton Dudley Manchester Salford St. Helens Walsall ## NON-METROPOLITAN DISTRICT COUNCILS Alnwick Aylesbury Vale Bassetlaw Blackburn Boston Brentwood Bromsgrove Cannock Chase Castle Morpeth Cherwell Chiltern Congleton Crawley Daventry Durham East Dorset East Hertfordshire Eastbourne Epping Forest Fenland Gillingham Great Grimsby Harborough Hastings Hinckley and Bosworth Hyndburn King’s Lynn and West Norfolk Leicester Luton Mansfield Mid Devon Mole Valley North Bedfordshire North Hertfordshire North West Leicestershire Nottingham Pendle Portsmouth Reigate and Banstead Rochford Rushcliffe Scarborough Sevenoaks South Bucks South Holland South Oxfordshire South Wight St. Edmundsbury Stoke-on-Trent Swale Teignbridge Thanet Torridge Vale of White Horse Watford Wellingborough West Lindsey Woodspring Wycombe ## COUNTY COUNCILS Buckinghamshire Cumbria East Sussex Hertfordshire Leicestershire North Yorkshire Staffordshire Wiltshire ## LONDON BOROUGH COUNCILS Brent Enfield Havering Lambeth Southwark ## METROPOLITAN DISTRICT COUNCILS Bradford Gateshead Newcastle-upon-Tyne Sandwell Stockport Wigan ## NON-METROPOLITAN DISTRICT COUNCILS Amber Valley Babergh Bath Blackpool Bournemouth Bridgnorth Broxbourne Canterbury Castle Point Chester Chorley Copeland Crewe and Nantwich Derby Easington East Lindsey Eastleigh Epsom and Ewell Forest Heath Glanford Great Yarmouth Harlow Havant Holderness Ipswich Kingston upon Hull Leominster Macclesfield Medina Mid Suffolk New Forest North Cornwall North Kesteven North Wiltshire Nuneaton and Bedworth Penwith Preston Restormel Rossendale Rushmoor Scunthorpe Shepway South Cambridgeshire South Kesteven South Ribble Southampton Stafford Stratford on Avon Tamworth Tendring Three Rivers Tunbridge Wells Wansbeck Waveney Welwyn Hatfield West Oxfordshire Winchester Worcester Wyre ## COUNTY COUNCILS Cambridgeshire Derbyshire Essex Humberside Lincolnshire Nottinghamshire Suffolk ## LONDON BOROUGH COUNCILS Bromley Greenwich Hillingdon Lewisham Sutton ## METROPOLITAN DISTRICT COUNCILS Bury Kirklees North Tyneside Sefton Sunderland Wirral ## NON-METROPOLITAN DISTRICT COUNCILS Arun Barrow in Furness Berwick-upon-Tweed Blyth Valley Bracknell Forest Brighton Broxtowe Caradon Charnwood Chester-le-Street Christchurch Corby Dacorum Derbyshire Dales East Cambridgeshire East Northamptonshire Eden Erewash Forest of Dean Gloucester Guildford Harrogate Hereford Horsham Kennet Kingswood Lewes Maidstone Melton Mid Sussex Newark & Sherwood North Devon North Norfolk Northampton Oadby and Wigston Peterborough Purbeck Ribble Valley Rother Rutland Sedgefield Shrewsbury and Atcham South Derbyshire South Lakeland South Shropshire Southend-on-Sea Staffordshire Moorlands Stroud Tandridge Test Valley Thurrock Tynedale Wansdyke Waverley West Devon West Somerset Windsor and Maidenhead Worthing Wyre Forest ## METROPOLITAN DISTRICT COUNCILS Calderdale Knowsley Oldham Sheffield Tameside Wolverhampton ## LONDON BOROUGH COUNCILS Camden Hackney Hounslow Merton Tower Hamlets ## COMPETITION BY ACTIVITY AND DATE: NON-METROPOLITAN DISTRICT COUNCILS (1) (2) (3) (4) (5) (6) Defined activity Group 1 Group 2 Group 3 Group 4 Group 5 Collection of refuse 1st August 1991 1st January 1991 1st August 1990 1st January 1990 1st August 1989 Cleaning of buildings 1st January 1990 1st August 1989 1st August 1991 1st January 1991 1st August 1990 Other cleaning 1st August 1989 1st August 1991 1st January 1991 1st August 1990 1st January 1990 Other catering 1st August 1990 1st January 1990 1st August 1989 1st August 1991 1st January 1991 Repair and maintenance of vehicles 1st January 1991 1st August 1990 1st January 1990 1st August 1989 1st August 1991 ## COMPETITION BY ACTIVITY AND DATE: COUNTY COUNCILS (1) (2) (3) (4) (5) (6) Defined activity Group 1 Group 2 Group 3 Group 4 Group 5 Cleaning of buildings 1st August 1989 1st August 1991 1st January 1991 1st August 1990 1st January 1990 Other cleaning 1st August 1991 1st January 1991 1st August 1990 1st January 1990 1st August 1989 Catering for purposes of schools and welfare 1st August 1990 1st January 1990 1st August 1989 1st August 1991 1st January 1991 Other catering 1st January 1990 1st August 1989 1st August 1991 1st January 1991 1st August 1990 Repair and maintenance of vehicles 1st January 1991 1st August 1990 1st January 1990 1st August 1989 1st August 1991 ## COMPETITION BY ACTIVITY AND DATE: LONDON BOROUGH AND METROPOLITAN DISTRICT COUNCILS (1) (2) (3) (4) (5) (6) (7) Defined activity Group 1 Group 2 Group 3 Group 4 Group 5 Group 6 Collection of refuse 1st January 1992 1st August 1991 1st January 1991 1st August 1990 1st January 1990 1st August 1989 Cleaning of buildings 1st January 1990 1st August 1989 1st January 1992 1st August 1991 1st January 1991 1st August 1990 Other cleaning 1st August 1989 1st January 1992 1st August 1991 1st January 1991 1st August 1990 1st January 1990 Catering for purposes of schools and welfare 1st January 1991 1st August 1990 1st January 1990 1st August 1989 1st January 1992 1st August 1991 Other catering 1st August 1990 1st January 1990 1st August 1989 1st January 1992 1st August 1991 1st January 1991 Repair and maintenance of vehicles 1st August 1991 1st January 1991 1st August 1990 1st January 1990 1st August 1989 1st January 1992 ## Explanatory note (This note is not part of the Regulations) Section 6(3) of the Local Government Act 1988 enables the Secretary of State to require that an authority mentioned in section 1(1) of the Act (a defined authority) may only carry out functional work falling within an activity listed in section 2(2) of the Act (a defined activity) after subjecting the work to competition. These Regulations exclude the Inner London Education Authority, new town development corporations and the Commission for the New Towns from the competition requirements and specify the dates from which and the circumstances in which other defined authorities (“specified authorities”) in England may not carry out functional work without first exposing it to competition. If they wish to carry out the work on or after 1st August 1989, the Council of the Isles of Scilly and all other specified authorities (with the exception of other local authorities and county police authorities) are required to compete for work falling within any defined activity other than ground maintenance; all county councils are required to compete for refuse collection; and all non-metropolitan district councils are required to compete for school and welfare catering. Parish and community councils are required to compete for work falling within any defined activity other than ground maintenance where they wish to carry out the work on or after 1st August 1990 (regulation 3). If they wish to carry out ground maintenance work on or after 1st January 1990, the Council of the Isles of Scilly, all parish and community councils and all other specified authorities are required to compete for it. Other specified authorities who wish to carry out such work between 1st January 1990 and 1st January 1994 are required to subject varying percentages to competition (regulation 4). All other work is to be competed for by the groups of authorities listed in Schedule 1, county police authorities and the Common Council of the City of London in accordance with the timetables set out in Schedules 2 to 4 (regulation 5). If any specified authority wishes to carry out work falling within a defined activity but for which competition is not required, it may treat that work as if the competition requirements applied to it (regulation 6). --- Source: https://www.legislation.gov.uk/uksi/1988/1371 (the official version) Page: https://openlegislation.uk/local-government-act-1988-defined-activities-competition-england-regulations-1988 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.