The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992

PART II COMPETITION

Interpretation

3.—(1) In this Part “works contract” means—

(a) in the case of construction and maintenance work, a contract which is or comprises—

(i) an agreement under section 105 of the principal Act which provides for the carrying out of such maintenance work as is mentioned in subsection (1)(d) of that section; or

(ii) an agreement made under any other statutory provision which provides for the carrying out by a council of any construction or maintenance work;

(b) in any other case, subject to paragraph (2), a contract constituting or including an agreement which provides for the carrying out of work by a council; and “functional work” means—

(a) work carried out by a council, other than work carried out under a works contract; and

(b) work which is carried out otherwise than by a council but which is dependent upon, or incidental or preparatory to, other work which, by virtue of sub-paragraph (a), is functional work in relation to that council; and work carried out as mentioned in sub-paragraph (b) shall be treated as carried out by the council.

(2) A contract is not a works contract if it constitutes or includes an agreement providing for a council to discharge the functions of a government department or another council.

(3) If and so far as the provision by a council of goods, materials, services, vehicles, plant or other equipment which is incidental to a works contract is the subject of a separate agreement, that agreement shall be treated as part of the works contract for the purposes of this Part.

Defined activities

4.—(1) Subject to the following provisions of this Article, each of the following is a defined activity for the purposes of this Part—

(a) collection of refuse;

(b) cleaning of buildings;

(c) other cleaning;

(d) catering;

(e) maintenance of ground;

(f) repair and maintenance of vehicles;

(g) managing sports and leisure facilities; and

(h) construction and maintenance work; and Schedule 1 applies for the purpose of interpreting the preceding provisions of this paragraph.

(2) The Department may by order subject to affirmative resolution provide for an activity to be a defined activity by adding a sub-paragraph to those for the time being appearing in paragraph (1).

(3) Before making an order under paragraph (2) the Department shall consult such councils, such associations or bodies representative of councils and such other associations or public bodies, as appear to the Department to be desirable.

(4) Where work would (apart from this paragraph) fall within more than one defined activity it shall be treated as falling only within such one of them as the council carrying out the work decides.

(5) Subject to paragraph 8(3) of Schedule 1, work which is carried out by a council through an employee and which would (apart from this paragraph) fall within a defined activity shall not do so if it is incidental to the greater part of the work he is employed to do and the greater part does not constitute a defined activity.

(6) If a council carries out work which (apart from this paragraph) would not fall within a defined activity, and which in the opinion of the council cannot be carried out efficiently separately from a particular defined activity, the work shall (if the council so decides) be treated as falling within that defined activity.

(7) Work which would (apart from this paragraph) fall within a defined activity shall not do so if it is calculated to avert, alleviate or eradicate the effects or potential effects of an emergency or disaster (actual or potential) involving or likely to involve danger to life or health or serious damage to or destruction of property.

(8) The Department may provide by order subject to negative resolution that any activity specified in the order, if carried out by a council or councils so specified, shall not be treated as a defined activity so long as conditions so specified are fulfilled.