The Local Government (Direct Service Organisations) (Competition) (Amendment) Regulations 1995

for the definition of “allowable cost” there is substituted—

“`allowable cost' means an amount (being an amount which a local authority decide to take into account in deciding who should undertake or carry out work) which is described as an allowable cost in regulation 9 or 10;”

in the definition of “local authority”, the words “local authority or” are inserted before the words “development body”;

after the definition of “the present value of savings” there is inserted—

“`the 1981 Regulations' means the Transfer of Undertakings (Protection of Employment) Regulations 1981^f1;;”

in the definition of “the 1979 Regulations”, for the words “the Local Government (Compensation for Redundancy and Premature Retirement) (Scotland) Amendment Regulations 1984” there are substituted the words “the Local Government (Compensation for Redundancy and Premature Retirement) (Scotland) Regulations 1984”; and

for the definition of “prospective cost” there is substituted—

“`prospective cost' means an amount (being an amount which a local authority decide to take into account in the evaluation of tenders) which is described as a prospective cost in regulations 12 to 14A.”

In regulation 2(1), for the words “nor Council Directive 92/50/EEC” there shall be substituted “nor the Public Services Contracts Regulations 1993^f1”.

In regulation 2(3) for the words from the beginning to “for the work” there is substituted “The invitation to tender referred to in section 7(4) of the 1988 Act”.

In regulation 4(3)(a) there are added—

After regulation 4(3) there is added—

“(4)

In the application of paragraph (3)(a) above to a joint police board exercising the functions conferred under the Police (Scotland) Act 1967 on police authorities in terms of that Act, for paragraph (3)(a)(i) (ii) and (iii) there is substituted—

“(i)

any persons who are employed by the joint police board to provide legal, financial or other professional advice in relation to the business of that joint police board;

(ii)

any constable having the rank of chief constable or assistant chief constable;.””

In regulation 5—

In regulation 6 the words “of providing” are substituted for the words “or providing”.

In regulation 12(2) there is added at the end—

““relevant compensation” means—

(a)

compensation pursuant to the 1982 Regulations, the 1979 Regulations or the Local Government (Compensation for Redundancy) Regulations 1994^f1 or the Local Government (Compensation for Redundancy) (Scotland) Regulations 1994^f2; and

(b)

compensation under section 31 of the London County Council (General Powers) Act 1921^f3.”

In regulation 12(3) there is substituted for sub-paragraph (b)—

“(b)

provided that the local authority is a qualifying local authority, an amount equal to the value of—

$$\mathrm{L}+\left(15\times \mathrm{A}\right)$$

where—

• L is the relevant compensation which would be payable to the eligible staff, during the year immediately following the date on which they cease to be employed by the local authority, by way of a lump sum, and

• A is the relevant compensation which would be so payable to those staff by way of an annual sum..”

After regulation 14 there is added—

“Indemnities

14A

(1)

For the purposes of this regulation “relevant staff” means the persons who would be dismissed as redundant if the local authority accepted one of the contractors' tenders for the work.

(2)

In a case where this regulation applies, any reasonable amount required from a local authority by a contractor by way of an indemnity against any costs which may be incurred by him by reason of the application of the 1981 Regulations to the contracts of employment of relevant staff shall be a prospective cost.

(3)

This regulation applies where any evaluation made for the purpose of deciding who should undertake or carry out the work takes place on the basis that the 1981 Regulations will not apply to such contracts.”

In regulation 5(a)(i) there is added, after the words “prospective cost”, the words “(other than an amount which is a prospective cost by reason of regulation 14A)”.