Explanatory note

Section 6(3) of the Local Government Act 1988 enables the Secretary of State to require that an authority specified 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 specify the dates from which and the circumstances in which defined authorities in Scotland (which are divided into specified authorities and local authorities for the purpose of these Regulations) may not carry out functional work without first subjecting it to competition.

If specified authorities wish to carry out work falling within any defined activity other than ground maintenance on or after 1st August 1989, they are required to compete for it

If specified authorities or local authorities wish to carry out ground maintenance work on or after 1st January 1994 they are required to compete for it. If they wish to carry out such work between 1st January 1990 and 1st January 1994 they are required to subject varying percentages of such work to competition (regulation 4).

All other work is to be competed for by the groups of local authorities listed in Schedule 1 in accordance with the timetable set out in Schedule 2 (regulation 5).

If any specified authority or local 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).