The Local Government Act 1988 (Competition) (Scotland) Regulations 1997

Interpretation

2.  In these Regulations, unless the context otherwise requires–

“the Act” means the Local Government Act 1988;

“the 1980 Act” means the Local Government, Planning and Land Act 1980(1);

“construction and property services” means the defined activity mentioned in section 2(2)(k) of the Act(2);

“the cost”, in relation to a defined activity, means the estimated total annual cost including overheads, provided that these overheads are not treated by a defined authority as forming part of the cost of–

(a)

another defined activity; or

(b)

work to which Part III of the 1980 Act applies;

“defined authority” means an authority to whom and to which extent these Regulations apply;

“financial services” means the defined activity mentioned in section 2(2)(l) of the Act(3);

“housing management” means the defined activity mentioned in section 2(2)(h) of the Act(4);

“information technology services” means the defined activity mentioned in section 2(2)(m) of the Act(5);

“legal services” means the defined activity mentioned in section 2(2)(j) of the Act(6);

“management of vehicles” means the defined activity mentioned in section 2(2)(gg) of the Act(7);

“personnel services” means the defined activity mentioned in section 2(2)(n) of the Act(8);

“professional services” means the defined activities of–

(a)

legal services;

(b)

construction and property services;

(c)

financial services;

(d)

information technology services; and

(e)

personnel services;

“security work” means the defined activity mentioned in section 2(2)(i) of the Act(9);

“the specified proportion” means for professional services an amount calculated–

(a)

in respect of legal services in accordance with Schedule 1 to these Regulations;

(b)

in respect of construction and property services in accordance (subject to regulation 7 below) with Schedule 2 to these Regulations;

(c)

in respect of financial services in accordance (subject to regulation 7 below) with Schedule 3 to these Regulations;

(d)

in respect of information technology services in accordance with Schedule 4 to these Regulations; and

(e)

in respect of personnel services in accordance (subject to regulation 7 below) with Schedule 5 to these Regulations;

“specified work” means work of any description falling within the activity concerned, other than work carried out by a bidding authority to which section 4 of the Act (works contracts; restrictions)(10) applies;

“voluntary competitive tendering” means the award of work before 2nd April 1994 following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work.

(1)

1980 c. 65.

(2)

Section 2(2)(k) was added by article 2(1) of the Local Government Act 1988 (Competition) (Defined Activities) (Construction and Property Services) Order 1994 (S.I. 1994/2888).

(3)

Section 2(2)(l) was added by article 2 of the Local Government Act 1988 (Competition) (Defined Activities) Order 1995 (S.I. 1995/1915) (“the 1995 Order”).

(4)

Section 2(2)(h) was added by article 2(1)(b) of the Local Government Act 1988 (Competition) (Defined Activities) (Housing Management) Order 1994 (S.I. 1994/1671).

(5)

Section 2(2)(m) was added by article 2 of the 1995 Order.

(6)

Section 2(2)(j) was added by article 2(1)(b) of the Local Government Act 1988 (Competition) (Defined Activities) Order 1994 (S.I. 1994/2884) (“the 1994 Order”).

(7)

Section 2(2)(gg) was added by article 2(1)(a) of the 1994 Order.

(8)

Section 2(2)(n) was added by article 2 of the 1995 Order.

(9)

Section 2(2)(i) was added by article 2(1)(b) of the 1994 Order.

(10)

Section 4 of the Act was amended by paragraph 11 of Schedule 1 to the Local Government Act 1992.