Article 3 Exemption of defined activities

None of the activities mentioned in section 2(2) of the Local Government Act 1988^f1 shall be treated as a defined activity so long as the work which would (apart from this Order) fall within such an activity is carried out by a local authority pursuant to—

(a)

an agreement made under section 5 (agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by the Minister) or section 6 (delegation etc. of functions with respect to trunk roads) of the Highways Act 1980; or

(b)

an agreement made under section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities)^f2 with respect to a trunk road or trunk road connected land.

Annotations

Footnotes

f1: Section 2(2)(ee) was inserted by S.I. 1989/2488; section 2(2)(h) was inserted by S.I. 1994/1671; section 2(2)(ff), (g) and (gg) were substituted, and section 2(2)(i) and (j) inserted, by S.I. 1994/2884; section 2(2)(k) was inserted by S.I. 1994/2888 and section 2(2)(l), (m) and (n) were inserted by S.I. 1995/1915.
f2: 1970 c. 39; see S.I. 1996/342 and 1814 for persons who are public bodies by virtue of section 1(5) of this Act for the purposes of agreements relating to trunk roads and trunk road connected land.