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The Local Government Act 1988 (Defined Activities) (Competition) (Wales) Regulations 1990

S.I. 1990/1498 · Made 18 July 1990

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LOCAL GOVERNMENT, ENGLAND AND WALES

Made 18th July 1990

Laid before Parliament 30th July 1990

Coming into force 19th August 1990

The Secretary of State for Wales, 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.

Contents

  1. 1Citation and commencement
  2. 2Citation and commencement
  3. 3Application of Section 6
  4. 4Application of Section 6
  5. 5Specified periods
  6. Signature
  7. Schedule THELOCAL AUTHORITY
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (Wales) Regulations 1990 and shall come into force on 19th August 1990.

2Citation and commencement

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 1964f1;

  • “defined activity” means functional workf2 of any description falling within the defined activity mentioned in section 2(2)(ee)f3 of the Local Government Act 1988; but does not include work carried out elsewhere than in Wales;

  • “specified authority” means—

    1. (i)

      any body in Wales mentioned in section 1(1)(a), (b), (e) and (j) of the Act which is, or is treated as a defined authority for the purposes of Part I of the Act; and

    2. (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.

3Application of Section 6

(1)

Section 6 of the Act shall apply to functional work of any description falling within the defined activity if it is proposed to be carried out on or after 1st January 1992 by any specified authority other than a local authority or a police authorityf1.

(2)

Section 6 shall apply to functional work mentioned in paragraph (1) if it is proposed to be carried out on or after 1st January 1993 by a community council or a police authority other than a county police authority.

4Application of Section 6

(1)

Section 6 shall apply to functional work falling within the defined activity if it is proposed to be carried out on or after the date specified in column 1 of the Schedule by the numbered group specified in column 2 of the Schedule.

(2)

The reference in paragraph (1) to a numbered group is a reference to all of the authorities listed in the Schedule as members of the group bearing that number in that Schedule.

(3)

This regulation shall apply to a county police authority as if it were a member of the same numbered group as the county council.

5Specified periods

The second condition, set out in section 7(3) of the Act, shall not be treated as fulfilled in respect of functional work falling within the defined activity if the period stated in the detailed specification by virtue of section 7(3)(c) is less than 4 years or exceeds 6 years.

Signature

David Hunt

Secretary of State for Wales

18th July 1990

Schedule THELOCAL AUTHORITY

Group 1Aberconwy: Alyn & Deeside: Montgomeryshire: Preseli Pembrokeshire: Llanelli: Ogwr: Cardiff: Blaenau Gwent: Rhondda
Group 2Clwyd: West Glamorgan: Colwyn: Arfon: Brecknock: South Pembrokeshire: Swansea: Taff Ely: Torfaen
Group 3Gwent: Gwynedd: Delyn: Dwyfor: Radnor: Carmarthen: Lliw Valley: Merthyr Tydfil: Monmouth
Group 4Mid Glamorgan: Powys: Glyndwr: Dinefwr: Port Talbot: Rhymney Valley: Vale of Glamorgan: Ynys Mon-Isle of Anglesey: Newport
Group 5South Glamorgan: Dyfed: Ceredigion: Cynon Valley: Islwyn: Meirionnydd: Neath: Rhuddlan: Wrexham Maelor
Column 1Column 2
NOTE: Numbers refer to groups of authorities.
1st January 1992Group 1
1st August 1992Group 2
1st January 1993Group 3
1st August 1993Group 4
1st January 1994Group 5

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 carry out functional work falling within an activity listed in section 2(2) and described in Schedule 1 to the Act (“a defined activity”), only after subjecting the work to competition. The Local Government Act 1988 (Competition in Sports and Leisure Facilities) Order 1989 (S.I. 1989/2488) added the managing of sports and leisure facilities to the activities listed in section 2(2) and described in Schedule 1 to the Act. These Regulations specify the dates from which and the circumstances in which those bodies who are defined authorities (“referred to in the Order as specified authorities”) in Wales may not conduct the management of sports and leisure facilities without first subjecting them to competition.

All specified authorities (with the exception of local authorities and police authorities) are required to compete for functional work falling within the defined activity which they wish to carry out on or after 1st January 1992. Community Councils and police authorities, other than county police authorities, are required to compete for such work which they wish to carry out on or after 1st January 1993 (regulation 3).

Work is to be competed for by the groups of local and county police authorities listed in the Schedule in accordance with the timetables there set out (regulation 4).

The minimum and maximum periods for which specified authorities must invite offers to carry out such work will be four and six years respectively (regulation 5).