Explanatory note

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

This Order, which applies in England and Wales, exempts from the requirements of Part I of the 1988 Act each of the activities specified in section 2(2) of that Act so long as the activity is carried out by a defined authority for or on behalf of a school maintained by such an authority.

The exemption applies, in relation to defined authorities in Wales, from 12th December 1997, and, in relation to defined authorities in England, from the various dates specified, according to the activity in question, in article 1(1)(a). The exemption does not apply where the authority have, before the relevant date, given public notice under the 1988 Act that the work is to be carried out.

The Local Government Act 1988 (Defined Activities) (Exemption) (Small Schools) Order 1992 is revoked by article 3 of the Order, subject to a saving for work exempted by that Order (cleaning of buildings and maintenance of grounds at certain small schools) which is not exempted by this Order.