Regulation 4 Application of section 6

Section 6 of the Act 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 to be carried out on or after 1st January 1994 by a specified authority or a local authority.

Where any specified authority or local authority proposes to carry out functional work of any description falling within the defined activity mentioned in paragraph (1) above in any of the calendar years 1990 to 1993, section 6 shall apply in each of those years to only such part of the work as is estimated by the specified authority or local authority to equal in value the percentage of the value of earlier work specified in relation to that year—

For the purposes of paragraph (2) above

• “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 specified authority or local 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 specified authority or local authority as the cost of that work.