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The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Amendment Regulations 1995

S.I. 1995/1972 · Made 24 July 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LOCAL GOVERNMENT, SCOTLAND

Made 24th July 1995

Laid before Parliament 28th July 1995

Coming into force 20th August 1995

The Secretary of State, in exercise of the powers conferred on him by sections 6(3) and 15(6) of the Local Government Act 1988f1 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1988 c. 9; section 6(3) was amended by the Local Government Act 1992 (c. 19), Schedule 1, paragraph 12.

Contents

  1. 1Citation and commencement
  2. 2Provision regarding meaning of “cleaning of buildings”
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Amendment Regulations 1995 and shall come into force on 20th August 1995.

2Provision regarding meaning of “cleaning of buildings”

(1)

The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988f1 shall be amended as follows.

(2)

In regulations 3 and 5(1), for the words “Section 6” there shall be substituted in each case the words “Subject to regulation 5A below, section 6”.

(3)

After regulation 5, there shall be inserted the following regulation:—

“5A

Regulations 3 and 5 above do not apply to the defined activity falling within subsection (2)(b) of section 2 of the Act (cleaning of buildings) by reason only of article 3 of the Local Government Act 1988 (Competition) (Defined Activities) Order 1995f2.”.

Signature

George Kynoch

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House

24th July 1995

Explanatory note

(This note is not part of the Regulations)

Under Part 1 of the Local Government Act 1988 (“the 1988 Act”), work falling within certain defined activities may (as provided in Regulations made by the Secretary of State under section 6(3) of the 1988 Act) be carried out by defined authorities after a specified date only if it has been put out to tender.

Article 3 of the Local Government Act 1988 (Competition) (Defined Activities) Order 1995 (S.I. 1995/1915) amended the defined activity of cleaning of buildings in the 1988 Act by removing the exemption contained in paragraph 2(2)(b) of Schedule 1 to that Act for work consisting of the cleaning of police buildings, except (in Scotland) buildings used by the Scottish Crime Squad. The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988 (S.I. 1988/1413) already provide a date under section 6(3) of the 1988 Act in relation to the cleaning of buildings in general. The purpose of these amendment Regulations is to make it clear that those 1988 Regulations do not extend to the cleaning of police buildings.