The Local Government Act 1988 (Defined Activities) (Exemption) (No. 2) Order 1998
S.I. 1998/580 · Made 9 March 1998
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
Contents
- 1Citation, commencement and interpretation
- 2Exemptions
- 3Revocations
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and interpretation
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.
In this Order
-
“the 1988 Act” means the Local Government Act 1988.
2Exemptions
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—
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
during the period beginning with 1st April 1998 and ending on 31st March 2001.
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
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.
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 authority | Activities 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 Council | Financial 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 Council | Financial 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 Council | Maintenance 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).