OpenLegislation

The Local Government Act 1988 (Defined Activities) (Exemption) (No. 2) Order 1998

S.I. 1998/580 · Made 9 March 1998

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, ENGLAND AND WALES

Made 9th March 1998

Laid before Parliament 11th March 1998

Coming into force 1st April 1998

The Secretary of State, in exercise of the powers conferred on him by sections 2(9) and 15(5) and (7) of the Local Government Act 1988f1, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1988 c. 9.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Exemptions
  3. 3Revocations
  4. Signature
  5. Schedule Schedule
  6. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (No. 2) Order 1998 and shall come into force on 1st April 1998.

(2)

In this Order

  • “the 1988 Act” means the Local Government Act 1988.

2Exemptions

(1)

An activity specified in the second column of the Schedule to this Order shall not be treated as a defined activityf1 so long as it is carried out—

(a)

by the defined authority in relation to which that activity is specified and which is listed in column 1 of the Schedule to this Order; and

(b)

during the period beginning with 1st April 1998 and ending on 31st March 2001.

(2)

The maintenance of groundf2 by the council of the Metropolitan Borough of Solihull shall not be treated as a defined activity so long as it is carried out in respect of cemeteries and crematorium grounds [in their area] during the period beginning with 1st April 1998 and ending on 31st March 2001.

3Revocations

(1)

All directions given by the Secretary of State under section 14(2) and (3) (power to give directions) of the 1988 Act to any of the authorities mentioned in article 2 above are hereby revoked.

(2)

In The Local Government Act 1988 (Defined Activities) (Exemption) (Craven, Kerrier and Mid-Devon District Councils and Middlesbrough Borough Council) Order 1997f1, article 2(2) is hereby revoked.

Signature

Signed by authority of the Secretary of State,

Nick Raynsford

Minister of State

Department of the Environment, Transport and the Regions

9th March 1998

Name of defined authorityActivities to be exempted
Bedford Borough Council

Other cleaningf1

Managing sports and leisure facilitiesf2

Financial servicesf3

Coventry City Council

Collection of refusef4

Other cleaning

Catering for purposes of schools and welfaref5

Managing sports and leisure facilities

Maintenance of ground

Crawley Borough CouncilFinancial services
Durham County Council

Legal servicesf6

Construction and property servicesf7

Financial services

Information technology servicesf8

Personnel servicesf9

East Hertfordshire District Council

Collection of refuse

Other cleaning

Maintenance of ground

Epsom and Ewell Borough CouncilFinancial services
Kings Lynn and West Norfolk Borough Council

Housing managementf10

Financial services

Information technology services

Middlesbrough Borough Council

Construction and property services

Financial services

Sheffield City CouncilMaintenance of ground
Wolverhampton Metropolitan Borough Council

Catering for purposes of schools and welfare

Construction and property services

Explanatory note

(This note is not part of the Order)

Under Part I of the Local Government Act 1988 (competition), work falling within certain defined activities may be carried out by local authorities only if particular conditions are fulfilled.

Article 2(1) of this Order exempts from the requirements of Part I work which would, apart from this Order, fall within those defined activities so long as that work is carried out by the authority in relation to which that work is listed in the Schedule to the Order, during the period beginning with 1st April 1998 and ending on 31st March 2001; articles 2(2) makes exemptions of specific parts of the maintenance of ground work of Solihull Metropolitan Borough Council, so long as the work is carried out during the period beginning with 1st April 1998 and ending on 31st March 2001, and Sheffield City Council, so long as the work is carried out during the period beginning with 1st April 1998 and ending on 31st December 1998.

Article 3(1) of this Order revokes all directions made by the Secretary of State under section 14(2) and (3) of the Local Government Act 1988 in relation to any of the authorities mentioned in the Order, and article 3(2) revokes a specific exemption made in relation to Middlesbrough Borough Council by The Local Government Act 1988 (Defined Activities) (Exemption) (Craven, Kerrier and Mid-Devon District Councils and Middlesbrough Borough Council) Order 1997 (S.I. 1997/1666).