The Local Government Act 1988 (Defined Activities) (Cleaning of Police Buildings) (England and Wales) Regulations 1995

In these Regulations—

• “the Act” means the Local Government Act 1988;

• “commencement day” means 1st October 1996;

• “the cost” means the estimated total annual cost including overheads;

• “police authority” means—

  1. (a)

     a police authority constituted under section 3 of the Police Act 1964^f1, and

  2. (b)

     the Common Council of the City of London in its capacity as a police authority;

• “the specified proportion” in relation to the specified work means an amount equal to the product of the following formula—

  $$\mathrm{T}-\left(\mathrm{A}+\mathrm{B}\right)\text{,}$$

  where—

  T

• an amount equal to the cost to a police authority of the specified work;

A

• 20 per cent of T, and

B

• for the permitted period and in relation to a police authority, an amount equal to the cost of the specified work which is being carried out during that period by that authority following voluntary competitive tendering;

• “the permitted period” in relation to the specified work means—

  1. (a)

     where the work was awarded not more than 5 years before commencement day, the period ending on 30th September 1997;

  2. (b)

     where the work was awarded not more than 4 years before commencement day, the period ending on 30th September 1998;

  3. (c)

     where the work was awarded not more than 3 years before commencement day, the period ending on 30th September 1999;

  4. (d)

     where the work was awarded not more than 2 years before the commencement day, the period ending on 30th September 2000;

  5. (e)

     where the work was awarded not more than 1 year before commencement day, the period ending on 30th September 2001;

• “the specified work” means functional work falling within section 2(2)(b) (cleaning of buildings) of the Act by reason only of article 3 of the Local Government Act 1988 (Competition) (Defined Activities) Order 1995^f2; and

• “voluntary competitive tendering” means the awarding of work following a competitive process in the course of which at least 3 persons were invited to tender for the work, being persons other than the police authority carrying out the work or the police authority which, by virtue of the Police and Magistrates' Courts Act 1994, it supersedes.

Regulation 5 of the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1988^f1 and regulation 5 of the Local Government Act 1988 (Defined Activities) (Competition) (Wales) Regulations 1988 do not apply in relation to the specified work.

Section 6 of the Act shall apply to the specified proportion of the specified work if it is proposed to be carried out on or after commencement day by a police authority.

In relation to each of the specified activities, the second condition set out in subsection (3) of section 7 of the Act shall not be treated as fulfilled if the period stated in the detailed specification made available in accordance with that subsection is less than 3 years or more than 5 years (in relation to a police authority in Wales) or less than 4 years or more than 6 years (in relation to a police authority in England).

(This note is not part of the Regulations)