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The Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) (Amendment) Order 1996

S.I. 1996/3179 · Made 16 December 1996

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

WALES

Made 16th December 1996

Laid before Parliament 19th December 1996

Coming into force 14th January 1997

The Secretary of State for Wales, in exercise of the powers conferred on him by sections 2(9) and 15(5) 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 and Commencement
  2. 2Interpretation
  3. 3Amendments to the 1994 order
  4. 4Amendments to the 1994 order
  5. 5Revocation
  6. Signature
  7. Explanatory note

1Citation and Commencement

This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) (Amendment) Order 1996 and shall come into force on 14th January 1997.

2Interpretation

In this Order, “the 1994 Order” means the Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1994f1.

3Amendments to the 1994 order

(1)

Article 4 of the 1994 Order (defined activity exemption conditions) shall be amended in accordance with the following provisions of this article.

(2)

For paragraph (1), substitute the following paragraph—

“(1)

Subject to paragraphs (4) and (5), during the period beginning with 1st April 1994 and ending on 30th September 1997 none of the activities mentioned in section 2(2) of the Act shall be treated as a defined activity if carried out during that period by a defined authority to which this Order applies, so long as any one of the conditions specified in paragraph (2) is fulfilled.”.

(3)

For paragraph (4), substitute the following paragraph—

  • “For each of the defined authorities specified on column 1 of Part I of the Schedule to this Order, the period provided for in paragraph (1) shall, in respect of the defined activity specified opposite to the authority in column 2 of that Part of the Schedule, be treated as ending on 31st March 1997.”.

(4)

After paragraph (4), add the following paragraph—

“(5)

For each of the defined authorities specified in column 1 of Part II of the Schedule to this Order, the period provided for in paragraph (1) shall, in respect of the defined activities specified opposite to the authority in column 2 of that Part of the Schedule, be treated as ending on 30th June 1997.”.

4Amendments to the 1994 order

For the Schedule to the 1994 Order, there shall be substituted the following Schedule—

“SCHEDULE

article 4(4) and (5)

PART I

Competitive tendering exemption period ending on 31 March 1997

(1)(2)
Defined AuthorityDefined Activity
Isle of Anglesey County Councilf1Collection of refuse
Blaenau Gwent County Borough CouncilCollection of refuse
Bridgend County Borough CouncilCollection of refuse
Ceredigion County Councilf2Collection of refuse
Monmouthshire County CouncilCollection of refuse
Newport County Borough CouncilCollection of refuse
The Vale of Glamorgan County Borough CouncilCollection of refuse
Wrexham County Borough CouncilCollection of refuse
A joint committee continued in existence by virtue of section 59( 12) of the Local Government (Wales Act 1994f3All defined activities

PART II

Competitive tendering exemption period ending on 30th June 1997

(1)(2)
Defined AuthorityDefined Activity
Merthyr Tydfil County Borough CouncilCollection of refuse; other cleaning
Torfaen County Borough CouncilCollection of refuse; other cleaning

”.

5Revocation

The Local Government Act 1988 (Defined Activities, Exemptions) (Wales) (Amendment) Order 1995f1 is revoked.

Signature

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

16th December 1996

Explanatory note

(This note is not part of the Order)

The Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1994 (S.I. 1994/339), as amended by S.I. 1995/2996, provides an exemption from the competition requirements of Part I of the Local Government Act 1988 for the new Welsh County and County Borough Councils during the period of local government reorganisation. Generally, the exemption provided for by the 1994 Order is to continue until 30 September 1997, although for certain councils in respect of certain defined activities the exemption period is only until 31 March 1997

Articles 3 and 4 of this Order amend the 1994 Order. Article 3 substitutes new paragraphs (1) and (4) of, and adds a new paragraph (5) to, article 4 of the 1994 Order, while article 4 substitutes a new Schedule to that Order. These extend the exemption period for Powys County Council (‘catering for purposes of schools and welfare’) and for the County Council of the City and County of Cardiff (‘collection of refuse’) until 30 September 1997. They also change the exemption period for Merthyr Tydfil and Torfaen County Borough Council in relation to the ‘collection of refuse’ and ‘other cleaning’. The new exemption period for both those activities in respect of those councils will now end on 30 June 1997, (instead of 31 March 1997 for ‘collection of refuse’ and instead of 30 September 1997 for ‘other cleaning’). Article 5 revokes the Local Government Act 1988 (Defined Activities, Exemptions) (Wales) (Amendment) Order 1995 (S.I. 1995/2996)