Citation and commencement

1. These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Amendment Regulations 1995 and shall come into force on 20th August 1995.

Provision regarding meaning of "cleaning of buildings"

2.-(1) The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988(2) shall be amended as follows.

(2) In regulations 3 and 5(1), for the words "Section 6" there shall be substituted in each case the words "Subject to regulation 5A below, section 6".

(3) After regulation 5, there shall be inserted the following regulation:-

"5A. Regulations 3 and 5 above do not apply to the defined activity falling within subsection (2)(b) of section 2 of the Act (cleaning of buildings) by reason only of article 3 of the Local Government Act 1988 (Competition) (Defined Activities) Order 1995(3).".

Explanatory Note

(This note is not part of the Regulations)

Under Part 1 of the Local Government Act 1988 ("the 1988 Act"), work falling within certain defined activities may (as provided in Regulations made by the Secretary of State under section 6(3) of the 1988 Act) be carried out by defined authorities after a specified date only if it has been put out to tender.

Article 3 of the Local Government Act 1988 (Competition) (Defined Activities) Order 1995 (S.I. 1995/1915) amended the defined activity of cleaning of buildings in the 1988 Act by removing the exemption contained in paragraph 2(2)(b) of Schedule 1 to that Act for work consisting of the cleaning of police buildings, except (in Scotland) buildings used by the Scottish Crime Squad. The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988 (S. 1988/1413">1988/1413) already provide a date under section 6(3) of the 1988 Act in relation to the cleaning of buildings in general. The purpose of these amendment Regulations is to make it clear that those 1988 Regulations do not extend to the cleaning of police buildings.