The Local Government Act 1988 (Exemption for Works Contracts) (Scotland) Order 1998 No. 1423 (S. 72)


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United Kingdom Statutory Instruments


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Statutory Instruments

1998 No. 1423 (S.72)

LOCAL GOVERNMENT, SCOTLAND

The Local Government Act 1988 (Exemption for Works Contracts) (Scotland) Order 1998

Made

5th June 1998

Laid before Parliament

9th June 1998

Coming into force

30th June 1998

The Secretary of State, in exercise of the powers conferred on him by sections 2(9) and 15(5) of the Local Government Act 1988(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Local Government Act 1988 (Exemption for Works Contracts) (Scotland) Order 1998 and shall come into force on 30th June 1998.

Exemption for works contracts

2.-(1) The provision of services specified in paragraph (2) below shall not be treated as a defined activity so long as it is carried out in pursuance of a works contract by a local authority (within the meaning of section 1(3) of the Local Government Act 1988(2)) before 1st April 2001.

(2) The services specified in this paragraph(3) are-�

(a)housing management;

(b)management of vehicles;

(c)security work;

(d)legal services;

(e)construction and property services;

(f)financial services;

(g)information technology services;

(h)personnel services.

Calum MacDonald

Parliamentary Under Secretary of State, Scottish Office

St Andrew's House,

Edinburgh

5th June 1998

Explanatory Note

(This note is not part of the Order)

Under Part I of the Local Government Act 1988, work falling within certain defined activities may not be carried out by defined authorities unless it has first been subjected to competition.

This Order exempts from Part I certain work so far as carried out by a Scottish local authority under a works contract prior to 1st April 2001. The exemption extends to housing management, management of vehicles, security work, legal services, construction and property services, financial services, information technology services and personnel services.

(1)

1988 c. 9; section 15(5) was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 156(4).

(2)

Section 1(3) was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 156(2)(b) and Schedule 14.

(3)

The services specified in article 2(2) were added to the list of "defined activities" in section 2(2) of the Local Government Act 1988 by virtue of S.I. 1994/1671, 2884 and 2888 and 1995/1915.


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URL: http://www.bailii.org/uk/legis/num_reg/1998/uksi_19981423_en.html