The Local Government Act 1988 (Competition) (Legal Services) (England) Regulations 1994 No. 3164


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Statutory Instruments

1994 No. 3164

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Competition) (Legal Services) (England) Regulations 1994

Made

12th December 1994

Laid before Parliament

19th December 1994

Coming into force

9th January 1995

The Secretary of State, in exercise of the powers conferred on him by sections 6(3) and 15(6) of the Local Government Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and application

1.-(1) These Regulations may be cited as the Local Government Act 1988 (Competition) (Legal Services) (England) Regulations 1994 and shall come into force on 9th January 1995.

(2) These Regulations apply to defined authorities in England only.

Interpretation

2. In these Regulations-

Application of section 6

3. Section 6 of the Act shall apply to the specified proportion of any specified work if it is proposed to be carried out-

(a)on or after 1st April 1997 by a local authority which is subject to, or created by, a structural change or substantial boundary change effected by an order made under section 17 of the Local Government Act 1992(6) ("a structural change") where that structural change takes effect from 1st April 1995; or

(b)on or after 1st April 1998 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1996; or

(c)on or after 1st April 1999 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1997; or

(d)on or after 1st April 1996 by any other defined authority except-

(i)those mentioned in section 1(1)(b), 1(1)(c) and 1(1)(d) of the Act;

(ii)county councils or non-metropolitan district councils which are not subject to a structural change; and

(iii)a police authority.

Signed by authority of the Secretary of State for the Environment

Robert Jones

Parliamentary Under-Secretary of State,

Department of the Environment

12th December 1994

Explanatory Note

(This note is not part of the Regulations)

These regulations, which apply to England only, make provision under Part I of the Local Government Act 1988 ("the Act") in respect of the defined activity of legal services.

Regulation 3 applies section 6 of the Act to a specified proportion of this activity from the dates specified in that regulation, so that defined authorities are required to compete for such work if they wish to carry it out themselves.

(1)

1988 c. 9. Section 6 is amended by paragraph 12 of Schedule 1 to the Local Government Act 1992 (c. 19).

(3)

Section 2(2)(h) was inserted by S.I. 1994/1671.

(5)

Section 2(2)(j) was inserted by S.I. 1994/2884.


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URL: http://www.bailii.org/uk/legis/num_reg/1994/uksi_19943164_en.html