The Local Government Act 1988 (Defined Activities) (Exemptions) (England and Wales) (Amendment) Order 1994

Statutory Instruments

1994 No. 2296

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Defined Activities) (Exemptions) (England and Wales) (Amendment) Order 1994

Made

1st September 1994

Laid before Parliament

13th September 1994

Coming into force

4th October 1994

The Secretary of State for the Environment, in relation to England, and the Secretary of State for Wales, in relation to Wales, in exercise of the powers conferred on them by sections 2(9) and 15(5) of the Local Government Act 1988(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (England and Wales) (Amendment) Order 1994 and shall come into force on 4th October 1994.

Amendment of Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 and Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1988

2.  Article 3 of the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988(2) and article 3 of the Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1988(3) are amended as follows—

(a) for paragraph (1) is substituted—

“(1) The activities mentioned in section 2(2)(a) to (g) of the Act shall not be treated as defined activities so long as the condition mentioned in paragraph (2) is fulfilled.”;

(b) after paragraph (1) is added—

“(1A) The activity mentioned in section 2(2)(h) of the Act(4) shall not be treated as a defined activity so long as the condition mentioned in paragraph (2A) is fulfilled.”;

(c) after paragraph (2) is added—

“(2A) The condition mentioned in paragraph (1A) is that the amount estimated by the authority as the gross cost of the activity in question in the immediately preceding financial year does not exceed £500,000.”

Signed by authority of the Secretary of State

David Curry

Minister of State,

Department of the Environment

30th August 1994

John Redwood

Secretary of State for Wales

1st September 1994

Explanatory Note

(This note is not part of the Order)

This Order amends the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 and the Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1988 to provide that the defined activity of housing management shall not be treated as a defined activity if it is carried out by certain defined authorities and the estimated gross cost of the activity in the immediately preceding financial year does not exceed £500,000.

(1)

1988 c. 9.

(2)

S.I. 1988/1372; amended by S.I. 1990/1565.

(3)

S.I. 1988/1469; amended by S.I. 1990/1499.

(4)

Section 2(2)(h) of the Local Government Act 1988 was added by S.I. 1994/1671.