Explanatory note

These Regulations consolidate with amendments the Local Government (Direct Labour Organisations) (Competition) (Scotland) Regulations 1984 (“the 1984 Regulations”) and the Local Government (Direct Labour Organisations) (Competition) (Scotland) Amendment Regulations 1988 (“the 1988 Regulations”), which instruments are revoked by these Regula tions. These Regulations come into force on 1st October 1990 insofar as they apply to local authorities and on 1st April 1991 insofar as they apply to development bodies. The revocation of the 1984 Regulations and 1988 Regulations have effect on the same basis.

The main changes made by these Regulations are contained in regulations 2, 3, 6, 7, 8 and 9.

Regulation 2 contains altered definitions of “emergency work” and “general highway works”.

Regulation 3 prescribes values for works contracts of different descriptions, which values were previously detailed in the Schedules to the 1984 Regulations. The values themselves have not been altered by these Regulations.

Regulation 6 applies the competitive tendering requirements described in regulation 5 to works contracts for general highway works, works of new construction and works of maintenance where the value of each type of contract is equal to or less than the financial limit specified in regulation 6. The main change is that, for contracts for works of new construction and works of maintenance, the exemption from those requirements based on a percentage of the value of such contracts undertaken in the previous financial year is removed.

Regulation 7 describes circumstances in which a works contract is exempt from the competi tive tendering requirements. The main change is that contracts for maintenance work to be undertaken by a local authority on or after 1st October 1990 are now removed from the exemption.

Regulation 8 describes the types of jobs of functional work which a local authority or development body may undertake, provided it has met legislative requirements referred to in regulation 8 (including competitive tendering). The main change is to apply the competitive tendering requirements to all works of new construction and works of maintenance, regardless of value.

Regulation 9 specifies the descriptions of functional work which are exempt from the competitive tendering requirements. The main change is that jobs of maintenance work to be undertaken, by local authorities on or after 1st October 1990, or by development bodies on or after 1st April 1991, are now removed from the exemption.